Legislature(2001 - 2002)
2001-04-28 House Journal
Full Journal pdf2001-04-28 House Journal Page 1333 HB 234 The following, which was moved to the bottom of the calendar (page 1321), was read the second time: HOUSE BILL NO. 234 "An Act relating to the financing of construction and renovation of certain public facilities; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 7DP 1NR 2AM 1268 FN1: (REV) 1269 The following corrected fiscal note was submitted by the Finance Committee: 1. Fiscal, Dept. of Revenue 2001-04-28 House Journal Page 1334 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 234(FIN) "An Act relating to subsidiaries of the Alaska Housing Finance Corporation; relating to the smoking education and cessation account and to smoking education and cessation programs; relating to funding the smoking 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 fund the smoking education and cessation account and 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Croft and Joule: Page 4, following line 20: Insert a new project to read: "Bering Strait - Koyuk School K-12 Replacement 11,660,343 Yuppiit - Tuluksak School Improvement 18,393,931" Page 5, line 6: Delete "7,000,000" Insert "9,097,138" Page 5, following line 7: Insert projects new to read: 2001-04-28 House Journal Page 1335 "Southwest Region - Ekwok, Koliganek, Togiak Schools Heating System Upgrade 122,256 Hoonah City - Hoonah Swimming Pool Sprinkler System 220,476 Galena - High School Remodel 167,846 Kenai Peninsula - McNeil Canyon Replace Septic System 171,500 Kake City - Kake High School Ren. Phase II 175,065 Chatham - Angoon High School Major Maintenance 1,730,507 North Slope Borough - Tikigaq School Renovation 3,675,502 Tanana City - Tanana Kitchen Renovation 438,539 Wrangell City - Wrangell Elementary Schools Renovation 1,129,238 Lower Yukon - Emmonak Mechanical System Upgrade 574,885 Lower Yukon - Alakanuk Mechanical System Upgrade 899,740 Iditarod Area - Takotna Community School Water Project 192,374 Anchorage - Service High School Phase I Renovation 4,998,000 Kenai Peninsula - Seward Middle School Gym Reroof 278,275 Iditarod Area - Innoko River School Bathroom, Shower & Underfloor Damage Repairs 46,746 Iditarod Area - McGrath School Heating Design, Boiler Replacement & Repairs 235,200 Kenai Peninsula - Kenai Central High School Reinsulate Exterior Walls 385,610 Alaska Gateway - Tok Multipurpose Rec. Complex Renovation Project 961,612 Delta/Greely - Fort Greely Utility Conversion 2,054,852 2001-04-28 House Journal Page 1336 Iditarod Area - Holy Cross School Bathroom & Shower Deterioration 47,530 Wrangell City - Wrangell Middle School Renovation 164,522 Sitka City Borough - Blatchley Domestic Water System Upgrade 667,356 Skagway City - Skagway Roof Replacement 174,613 Mat-Su Borough - Fire Alarm Systems, 5 Schools 638,647 Fairbanks - Districtwide Fire Protection System Upgrade 1,193,832 Yakutat City - Yakutat High School Gymnasium Structural Repair 70,981 Yukon - Koyukuk - Kaltag School Renovation 2,418,052 Mat-Su Borough - Septic System Upgrade Colony High School 164,039 Wrangell City - Wrangell Elementary School & High School Roof & Exterior Repairs 101,216 Northwest Arctic - Shungnak Improvements Phase II 2,740,522 Dillingham City - Elementary School Weatherization 105,418 Kuspuk - Chuathbaluk Crow Village Sam School Sewage System Replacement 375,661" Page 5, lines 9 through 20: Delete all material. Renumber the following projects accordingly. Page 5, line 21 through page 6, line 8: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. 2001-04-28 House Journal Page 1337 Representative Fate moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Fate was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 234(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hudson, Joule, Kapsner, Kerttula, Moses Nays: Bunde, Chenault, Dyson, Fate, Foster, Green, Halcro, Harris, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder, Murkowski, Ogan, Porter, Rokeberg, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Coghill, Hayes, Morgan, Scalzi And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Lancaster and Bunde: Page 1, line 2, following "the" (title amendment): Delete "smoking" Insert "tobacco use" Page 1, line 2, following "to": Delete "smoking" Insert "tobacco use" Page 1, line 3: Delete "smoking" Insert "tobacco use" 2001-04-28 House Journal Page 1338 Page 1, lines 10 - 11: Delete "to fund the smoking education and cessation account and" Page 2, lines 17 - 29: Delete all material. Renumber the following bill sections accordingly. Page 3, line 1: Delete "Smoking education and cessation account" Insert "Tobacco education and cessation fund" Page 3, line 2: Delete "Northern Tobacco Securitization Corporation the smoking education and cessation account" Insert "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 the State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 CI (Alaska Super. 1997)" Page 3, lines 6 - 8: Delete all material. Insert a new subsection to read: "(b) Subject to annual appropriation, 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)." Page 3, line 9, following "section": Delete "creates a dedicated fund" Insert "exempts money deposited in the tobacco use education and cessation fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates that money for a special purpose" Page 6, line 12 through Page 7, line 9: Delete all material. Renumber the following bill sections accordingly. 2001-04-28 House Journal Page 1339 Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted and the new title appears below: 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." Amendment No. 3 was offered by Representative Davies: Page 7, following line 10: Insert a new bill section to read: "*Sec. 9. AS 37.05.580 enacted in sec. 3 of this Act is repealed on the date that the Alaska Supreme Court decides that the sale or transfer of a part of the annual revenue derived from the settlement of State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 CI (Alaska Super. 1997) authorized in sec. 9, ch. 130 SLA 2000 is invalid." Renumber the following bill section accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. 2001-04-28 House Journal Page 1340 Objection was heard. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 4 (technical) was offered by Representative Mulder: Page 5, line 16: Delete "University Center" Representative Mulder moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHB 234(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 234(FIN) am was read the third time. The question being: "Shall CSHB 234(FIN) am pass the House?" The roll was taken with the following result: CSHB 234(FIN) am Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Joule, Kapsner, Kerttula, Masek Excused: Kookesh 2001-04-28 House Journal Page 1341 Absent: Halcro, Ogan And so, CSHB 234(FIN) am passed the House. 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 being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 234(FIN) am Third Reading Effective Date YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Kookesh Absent: Halcro, Ogan And so, the effective date clause was adopted. Representative Bunde gave notice of reconsideration of his vote on CSHB 234(FIN) am.