Legislature(2003 - 2004)

2004-04-27 House Journal

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2004-04-27                     House Journal                      Page 3556
HB 298                                                                                            
The following, which was on the April 26, 2004, calendar and not                                    
taken up (page 3527), was read the third time:                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 298(FIN)                                                                  
    "An Act relating to the income of and appropriations from the                                   
    Alaska permanent fund under art. IX, sec. 15(b), Constitution of                                
    the State of Alaska, and making conforming amendments; relating                                 
    to the determination of net income of the mental health trust fund;                             
    and providing for an effective date."                                                           
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
CSHB 298(FIN) be returned to second reading for the specific purpose                                
of considering Amendment No. 4.                                                                     
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent to                                       
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
CSHB 298(FIN) be returned to second reading for the specific purpose                                
of considering Amendment No. 2.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    

2004-04-27                     House Journal                      Page 3557
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Hawker, Ogg,                                         
Morgan, Kott, Wilson, Seaton, and Holm:                                                             
                                                                                                    
Page 3, following line 18:                                                                          
 Insert a new paragraph to read:                                                                    
      "(1)  not more than five percent may be appropriated for                                      
    municipalities and other communities;"                                                          
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 3, line 19:                                                                                    
 Delete "50"                                                                                        
 Insert "45"                                                                                        
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Croft:                                                                                              
                                                                                                    
 Delete "five"                                                                                      
 Insert "ten"                                                                                       
                                                                                                    
 Delete "45"                                                                                        
 Insert "40"                                                                                        
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment to Amendment No. 2 be adopted.                                                            
                                                                                                    

2004-04-27                     House Journal                      Page 3558
Representative Hawker objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 2 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 298(FIN)                                                                                       
Second Reading                                                                                      
Amendment to Amendment No. 2                                                                        
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Harris, Holm, Joule, Kerttula, Kohring,                                      
Kookesh, Masek, Moses, Ogg, Stoltze, Wilson                                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Hawker,                                    
Heinze, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                      
Seaton, Stepovich, Weyhrauch, Williams, Wolf                                                        
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Wilson changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, Amendment to Amendment No. 2 was not adopted.                                               
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 298(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  30   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Nays:  Chenault, Cissna, Foster, Gara, Heinze, Lynn, McGuire,                                       
Meyer, Wolf                                                                                         
                                                                                                    

2004-04-27                     House Journal                      Page 3559
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Representative Croft placed a call of the House on the bill.                                        
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative Morgan moved and asked unanimous consent that                                        
CSHB 298(FIN) am be returned to second reading for the purpose of                                   
rescinding action in adopting Amendment No. 2.                                                      
                                                                                                    
Representative Wilson objected and withdrew the objection.                                          
                                                                                                    
There being no further objection, CSHB 298(FIN) am was returned to                                  
second reading.                                                                                     
                                                                                                    
Representative Morgan moved and asked unanimous consent that the                                    
House rescind its action in adopting Amendment No. 2.  There being                                  
no objection, the House rescinded its action in adopting Amendment                                  
No. 2.                                                                                              
                                                                                                    
Representative Morgan moved and asked unanimous consent that the                                    
House rescind its action in failing to adopt Amendment to                                           
Amendment No. 2.                                                                                    
                                                                                                    
Representative Rokeberg objected and withdrew the objection.                                        
                                                                                                    
There being no further objection, the House rescinded its action in                                 
adopting Amendment to Amendment No. 2.                                                              
                                                                                                    
Amendment to Amendment No. 2 was again before the House.                                            
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 2 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 298(FIN)                                                                                       
Second Reading                                                                                      
Amendment to Amendment No. 2                                                                        
                                                                                                    
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                  

2004-04-27                     House Journal                      Page 3560
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Harris, Holm, Joule, Kerttula, Kookesh, Masek, Morgan,                                  
Moses, Ogg, Samuels, Wilson                                                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Hawker, Heinze, Kohring, Kott, Lynn, McGuire, Meyer, Rokeberg,                                      
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                               
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment to Amendment No. 2 was not adopted.                                               
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 298(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Fate, Gatto,                                  
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Nays:  Chenault, Cissna, Dahlstrom, Foster, Gara, Lynn, Masek,                                      
McGuire, Meyer, Stoltze, Wolf                                                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
amendments.                                                                                         
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, following line 26:                                                                          
 Insert a new subsection to read:                                                                   
     "(f) an appropriation of education funds under (c)(1) of this                                  
    section shall only be allowable to the extent the base student                                  
    allocation stated in AS 14.17.470 is increased over the previous                                

2004-04-27                     House Journal                      Page 3561
    fiscal year as follows:                                                                         
      (1) The department must increase the base allocation to                                       
    the extent of increases during the second preceding calendar year                               
    in the Consumer Price Index for all urban consumers for the                                     
    Anchorage Metropolitan Area compiled by the Bureau of Labor                                     
    Statistics, United States Department of Labor.  The index for                                   
    January 2002 is the reference base index.                                                       
             (2) In addition to an increase, if any, to the base student                            
    allocation under (f)(1) of this section, the department must                                    
    increase the base student allocation by two percent.  The increase                              
    under this subsection shall be used for either:                                                 
           (A)  class-size reduction; or                                                            
           (B) compliance with 20 U.S.C. 6301 - 7941 (No                                            
         Child Left Behind Act of 2001)."                                                           
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 298(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara,                                          
Gruenberg, Guttenberg, Harris, Joule, Kerttula, Kookesh, Masek,                                     
McGuire, Morgan, Moses, Seaton, Wilson                                                              
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker,                                   
Heinze, Holm, Kohring, Kott, Lynn, Meyer, Ogg, Rokeberg, Samuels,                                   
Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            

2004-04-27                     House Journal                      Page 3562
                                                                                                    
Amendment No. 3 was offered  by Representatives Kott, Meyer,                                         
Hawker, Heinze, Seaton, McGuire, Holm, Lynn, and Anderson:                                          
                                                                                                    
Page 3, line 20:                                                                                    
 Delete "not more than 50 percent"                                                                  
 Insert "an amount"                                                                                 
                                                                                                    
Page 3, line 21, following "AS 43.23.045":                                                          
 Insert "equal to the greater of the following:                                                     
                  (A)  the amount necessary to pay dividends equal to                               
         $1,111; or                                                                                 
                  (B)  50 percent of the amount remaining available for                             
         appropriation under (a) of this section."                                                  
                                                                                                    
Representative Meyer moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Croft lifted the call.                                                               
                                                                                                    
The House adjourned with CSHB 298(FIN) am in second reading with                                    
Amendment No. 3 moved and pending.