Legislature(2001 - 2002)

2001-04-29 House Journal

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2001-04-29                     House Journal                      Page 1374
HB 234                                                                                            
Representative Berkowitz brought up reconsideration of the vote on                                  
CSHB 234(FIN) am (page 1341).                                                                       
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    

2001-04-29                     House Journal                      Page 1375
     CS FOR HOUSE BILL NO. 234(FIN) am                                                              
     "An Act relating to subsidiaries of the Alaska Housing Finance                                 
     Corporation; relating to the tobacco use education and cessation                               
     account and to tobacco use education and cessation programs;                                   
     relating to funding the tobacco use education and cessation                                    
     account; relating to financing of construction and major                                       
     maintenance of public school facilities, facilities for the University                         
     of Alaska, and facilities for ports and harbors; authorizing the                               
     commissioner of revenue to sell the right to receive a portion of                              
     the anticipated revenue from a tobacco litigation settlement to the                            
     Northern Tobacco Securitization Corporation; relating to the                                   
     deposit of certain anticipated revenue from a tobacco litigation                               
     settlement; authorizing the issuance of bonds by the Northern                                  
     Tobacco Securitization Corporation with proceeds to finance                                    
     public school construction and major maintenance, facilities for                               
     the University of Alaska, and facilities for ports and harbors; and                            
     providing for an effective date."                                                              
                                                                                                    
Representative Bunde moved and asked unanimous consent that                                         
CSHB 234(FIN) am be returned to second reading for the specific                                     
purpose of considering New Amendment No. 2.  There being no                                         
objection, it was so ordered.                                                                       
                                                                                                    
Representative Bunde moved and asked unanimous consent that the                                     
House rescind previous action in adopting Amendment No. 2 (page                                     
1337).  There being no objection, it was so ordered.                                                
                                                                                                    
Without objection, New Amendment No. 2 was offered  by                                               
Representatives Lancaster and Bunde to replace Amendment No. 2:                                     
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
     Delete "relating to subsidiaries of the Alaska Housing Finance                               
Corporation;"                                                                                     
                                                                                                    
Page 1, line 2:                                                                                     
     Delete "smoking"                                                                             
     Insert "tobacco use"                                                                         
     Delete "account"                                                                             
     Insert "fund"                                                                                
                                                                                                    

2001-04-29                     House Journal                      Page 1376
Page 1, line 3:                                                                                     
     Delete "smoking"                                                                             
     Insert "tobacco use"                                                                         
     Delete "account"                                                                             
     Insert "fund"                                                                                
                                                                                                    
Page 1, lines 10 - 11:                                                                              
     Delete "to fund the smoking education and cessation account                                  
and"                                                                                              
                                                                                                    
Page 2, line 6:                                                                                     
     Delete "5(c)(3)"                                                                               
     Insert "4(c)(3)"                                                                               
                                                                                                    
Page 2, lines 17 - 29:                                                                              
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, lines 1 - 8:                                                                                
     Delete all material.                                                                           
     Insert                                                                                         
         "Sec. 37.05.580. Tobacco use education and cessation fund.                               
     (a)  There is created as a special account in the general fund the                             
     tobacco use education and cessation fund into which shall be                                   
     deposited 20 percent annually of the revenue derived from the                                  
     settlement of State v. Philip Morris, Incorporated, et al, No. 1JU-                            
     97-915 CI (Alaska Super. 1997).  The purpose of the tobacco use                                
     education and cessation fund is to provide a source to finance the                             
     comprehensive smoking education, tobacco use prevention, and                                   
        tobacco control program authorized by AS 44.29.020(a)(15).                                 
         (b)  The legislature may make appropriations from the                                      
     tobacco use education and cessation fund for the comprehensive                                 
     smoking education, tobacco use prevention, and tobacco control                                 
     program established under AS 44.29.020(a)(15)."                                                
                                                                                                    
Page 3, line 25:                                                                                    
     Delete "4"                                                                                     
     Insert "3"                                                                                     
                                                                                                    

2001-04-29                     House Journal                      Page 1377
Page 3, line 29:                                                                                    
     Delete "4"                                                                                     
     Insert "3"                                                                                     
                                                                                                    
Page 6, line 12, through page 7, line 9:                                                            
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Bunde moved and asked unanimous consent that New                                     
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered and the new title appears below:                                                            
                                                                                                    
     CS FOR HOUSE BILL NO. 234(FIN) am                                                              
     "An Act relating to the tobacco use education and cessation fund                               
     and to smoking education and cessation programs; relating to                                   
     funding the tobacco use education and cessation fund; relating to                              
     financing of construction and major maintenance of public school                               
     facilities, facilities for the University of Alaska, and facilities for                        
     ports and harbors; authorizing the commissioner of revenue to sell                             
     the right to receive a portion of the anticipated revenue from a                               
     tobacco litigation settlement to the Northern Tobacco                                          
     Securitization Corporation; relating to the deposit of certain                                 
     anticipated revenue from a tobacco litigation settlement;                                      
     authorizing the issuance of bonds by the Northern Tobacco                                      
     Securitization Corporation with proceeds to finance public school                              
     construction and major maintenance, facilities for the University                              
     of Alaska, and facilities for ports and harbors; and providing for                             
     an effective date."                                                                            
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSHB 234(FIN) am pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 234(FIN) am--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  5   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2001-04-29                     House Journal                      Page 1378
Yeas:  Bunde, Chenault, Cissna, Crawford, Davies, Dyson, Fate,                                      
Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner,                                
Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses,                                  
Mulder, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Coghill, Joule, Masek, Ogan                                                       
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, CSHB 234(FIN) am passed the House on reconsideration.                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The question to be reconsidered: "Shall the effective date clause be                                
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 234(FIN) am--RECONSIDERATION                                                                   
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes,                                   
Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster,                                  
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter,                                         
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Kookesh, Murkowski                                                                        
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, the effective date clause was adopted on reconsideration.                                   
                                                                                                    
CSHB 234(FIN) am was referred to the Chief Clerk for engrossment.