Legislature(2003 - 2004)
2004-02-04 House Journal
Full Journal pdf2004-02-04 House Journal Page 2490 HJR 5 The following, which was advanced to third reading from the February 2, 2004, calendar (page 2465), was read the third time: HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. Representative Rokeberg placed a call of the House and lifted the call. Representative Gruenberg moved and asked unanimous consent that HJR 5 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gruenberg, Berkowitz, Kerttula, Croft, and Guttenberg: Page 1, following line 12: Insert a new bill section to read: * Sec. 2. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: Section 4. Initiative Election. An initiative petition may be filed at any time. The lieutenant governor shall prepare a ballot title and proposition summarizing the proposed law, and shall 2004-02-04 House Journal Page 2491 place them on the ballot for the first statewide election held more than one hundred-twenty days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void. A measure enacted by the legislature that voids a petition under this section may not be repealed or amended by the legislature within two years of its effective date. Renumber the following bill section accordingly. Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 5 Second Reading Amendment No. 1 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, McGuire, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, Amendment No. 1 was not adopted. Representative Gruenberg moved and asked unanimous consent that HJR 5 be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Gruenberg, Kerttula, Croft, and Guttenberg: 2004-02-04 House Journal Page 2492 Page 1, following line 12: Insert a new bill section to read: * Sec. 2. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: Section 6. Enactment. If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The lieutenant governor shall certify the election returns. An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed or amended by the legislature within two years of its effective date. [IT MAY BE AMENDED AT ANY TIME.] An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law. Renumber the following bill section accordingly. Representative Gruenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HJR 5 Second Reading Amendment No. 2 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Moses Nays: Anderson, Berkowitz, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, Amendment No. 2 was not adopted. 2004-02-04 House Journal Page 2493 Representative Rokeberg placed a call of the House. The call was satisfied. The question being: "Shall HJR 5 pass the House?" The roll was taken with the following result: HJR 5 Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Kerttula, Lynn, Masek, Moses, Stoltze And so, lacking the necessary 27 votes, HJR 5 failed to pass the House. Representative Rokeberg gave notice of reconsideration of the vote on HJR 5(fld H).