Legislature(2003 - 2004)

2004-04-22 House Journal

Full Journal pdf

2004-04-22                     House Journal                      Page 3457
HJR 26                                                                                            
The following, which was on the April 21, 2004, calendar and not                                    
taken up (page 3422) was read the second time:                                                      
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 26                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from and inflation-proofing                             
    the Alaska permanent fund by establishing a percent of market                                   
    value spending limit.                                                                           
                                                                                                    

2004-04-22                     House Journal                      Page 3458
with the:                                                  Journal Page                             
                                                                                                    
 W&M RPT CS(W&M) NT 5DP 1DNP 1NR                                   1272                             
 FN1: (GOV)                                                        1273                             
 FN2: ZERO(REV)                                                    1273                             
 JUD RPT CS(JUD) NT 3DP 3NR                                        1448                             
 FN1: (GOV)                                                        1449                             
 FN2: ZERO(REV)                                                    1449                             
 FIN RPT CS(FIN) NT 2DP 2DNP 2NR 3AM                               3245                             
 FN2: ZERO(REV)                                                    3245                             
 FN3: (GOV)                                                        3245                             
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN)                                                       
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value.                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Fate:                                                 
                                                                                                    
Page 2, line 3, following "year":                                                                   
    Insert ", unless provided otherwise by law other than in an                                     
appropriation"                                                                                      
                                                                                                    
Representative Fate 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:                                                                

2004-04-22                     House Journal                      Page 3459
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  2   NAYS:  37   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Fate, Kohring                                                                                
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Cissna                                                                                    
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered by Representatives Crawford and                                         
Croft:                                                                                              
                                                                                                    
Page 1, lines 14 - 15:                                                                              
 Delete "a new subsection"                                                                          
 Insert "new subsections"                                                                           
                                                                                                    
Page 2, following line 3:                                                                           
 Insert "(c) the greater of money distributed as provided for under                                 
AS 37.13.140, 37.13.145, and AS 43.23.025, as those statutes read on                                
July 1, 2003, or eighty percent of the amount appropriated under (b) of                             
this section during a fiscal year shall be used during that same fiscal                             
year for a program of dividend payments to state residents established                              
by law."                                                                                            
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
Representative Dahlstrom, who had been previously excused                                           
(page 3433), left the Chamber.                                                                      
                                                                                                    

2004-04-22                     House Journal                      Page 3460
Representative Hawker placed a call of the House.                                                   
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Guttenberg, Kerttula,                                      
Kookesh, Masek, Morgan, Moses                                                                       
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Gruenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kott, Lynn,                                  
McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                          
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Excused:  Cissna, Dahlstrom                                                                         
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered by Representatives Croft, McGuire,                                      
and Anderson:                                                                                       
                                                                                                    
Page 1, line 9, following "(b)":                                                                
 Insert "through (f)"                                                                           
                                                                                                    
                                                                                                    
Page 1, line 14, following "adding":                                                                
 Delete "a new subsection"                                                                          
 Insert "new subsections"                                                                           
                                                                                                    
Page 2, following line 3:                                                                           
 Insert new subsections to read:                                                                    
     "(c) Amounts appropriated under (b) of this section shall be                                   
    distributed as follows:                                                                         
      (1) fifty percent shall be distributed as permanent fund                                      
    dividends to eligible state residents, as determined by law;                                    
      (2) fifty percent shall be deposited in an education fund,                                    

2004-04-22                     House Journal                      Page 3461
    the principal and income from which may be appropriated subject                                 
    to subsection (d) below only for general operational purposes of                                
    the public school system established under Article VII, Section 1,                              
    of this constitution except as provided in (f) of this section.                                 
     (d) For any fiscal year, the legislature shall appropriate from                                
    the unrestricted general fund for general operational purposes of                               
    the public school system established under Article VII, Section 1,                              
    of this constitution an amount equal to or greater than the amount                              
    appropriated from the education fund established under (c)(2) of                                
    this section.  For purposes of this section, the unrestricted general                           
    fund does not include:                                                                          
      (1) money received from the federal government;                                               
      (2) the school fund (AS 43.50.140);                                                           
      (3) the public school trust fund (AS 37.14.110)                                               
      (4) money received by the state from a source other than                                      
    the state or federal government that is restricted to a specific use                            
    by the terms of a gift, grant, bequest, or contract; or                                         
      (5) any other revenue restricted by law to a specific use.                                    
     (e) If on July 1 of a fiscal year, the amount of money in the                                  
    education fund exceeds $4,000,000,000 and the excess money in                                   
    the education fund is not necessary to meet the cost of providing                               
    all children of the state with an adequate education [as defined by                             
    law], the legislature may transfer the excess money to the                                      
    unrestricted general fund and appropriate it for any public                                     
    purpose.                                                                                        
     (f) For purposes of this section, "general operational                                         
    purposes" does not include the construction, rehabilitation, and                                
    improvement of schools and education-related facilities or                                      
    administrative expenses of the Department of Education and Early                                
    Development or other state agencies.                                                            
                                                                                                    
Page 2, line 6:                                                                                     
 Delete "(a)"                                                                                       
                                                                                                    
Page 2, lines 10 - 12:                                                                              
 Delete all material.                                                                               
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    

2004-04-22                     House Journal                      Page 3462
Representative Harris objected.                                                                     
                                                                                                    
Representative Kapsner rose to a point of order stating the member                                  
was impugning the motives of other members and the member had                                       
spoken more than once.                                                                              
                                                                                                    
The Speaker noted the point and further stated he would allow some                                  
latitude for members to speak more than once.                                                       
                                                                                                    
Representative Croft placed a call of the House.                                                    
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Crawford, Croft, Gara, Guttenberg,                                      
Kapsner, Kerttula, Kookesh, Lynn, Masek, McGuire, Morgan, Moses                                     
                                                                                                    
Nays:  Chenault, Coghill, Fate, Foster, Gatto, Gruenberg, Harris,                                   
Hawker, Heinze, Holm, Joule, Kohring, Kott, Meyer, Ogg, Rokeberg,                                   
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Cissna, Dahlstrom                                                                         
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
The Speaker stated that CSHJR 26(FIN) would advance to third                                        
reading on tomorrow's calendar.