Legislature(2003 - 2004)
2004-04-07 Senate Journal
Full Journal pdf2004-04-07 Senate Journal Page 2828 SJR 3 CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit, which had been held (page 2804), was read the third time. Senator Guess moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senators Guess, Davis, Ellis, Elton, French, Hoffman, Lincoln, Olson offered Amendment No. 3 : 2004-04-07 Senate Journal Page 2829 Page 2, line 25: Delete "and" Page 2, following line 25: Insert a new paragraph to read: "(11) from the general fund for public education, including the University of Alaska; and" Page 2, line 26: Delete "(11)" Insert "(12)" Page 3, line 20: Delete "3,150,000,000" Insert "2,427,250,000" Page 3, line 21: Delete "3,250,000,000" Insert "2,443,625,000" Senator Guess moved for the adoption of Amendment No. 3. Senator Dyson objected. Senator Guess moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 3: Under Page 3, line 20: Delete "2,427,250,000" Insert "2,214,534,000" Under Page 3, line 21: Delete "2,443,625,000" Insert "2,231,110,000" Without objection, Amendment No. 3 was amended. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: 2004-04-07 Senate Journal Page 2830 CSSJR 3(FIN) am Second Reading Amendment No. 3 as amended YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman and so, Amendment No. 3 as amended failed to be adopted. CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am was automatically in third reading. Senator Lincoln moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Senator Ben Stevens objected, then withdrew his objection. Senators Lincoln, Davis, Ellis, Elton, French, Guess, Hoffman, Olson offered Amendment No. 4 : Page 1, line 1, following "relating to": Insert "the Alaska permanent fund and to" Page 1, following line 3: Insert new resolution sections to read: "* Section 1. Article IX, sec. 15, Constitution of the State of Alaska, is amended to read: Section 15. Alaska Permanent Fund. (a) At least twenty- five per cent of all mineral lease rentals, royalties, royalty sale proceeds, federal mineral revenue sharing payments and bonuses received by the State shall be placed in a permanent fund, the principal of which shall be used only for those income-producing investments specifically designated by law as eligible for permanent fund investments. All income from the permanent fund shall be deposited in the earnings reserve account and distributed as provided for under AS 37.13.140, 37.13.145, and AS 43.23.025, as those statutes 2004-04-07 Senate Journal Page 2831 read on July 1, 2002 [GENERAL FUND UNLESS OTHERWISE PROVIDED BY LAW]. * Sec. 2. Article IX, sec. 15, Constitution of the State of Alaska, is amended by adding a new subsection to read: (b) Notwithstanding other provisions of this constitution, (1) AS 37.13.140, 37.13.145, AS 43.23.025, and any provisions of law referred to in those sections, remain in effect as they read on July 1, 2002, unless they are amended or repealed and the amendment or repeal is ratified by affirmative vote of a majority of the voters of the State voting on the question; and (2) money may be appropriated from the earnings reserve account only as authorized under AS 37.13.145(b) and (c) as those subsections read on July 1, 2002, unless the appropriation is ratified by affirmative vote of a majority of the voters of the State voting on the question." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" Renumber the following resolution sections accordingly. Page 3, lines 12 - 13: Delete "a new section" Insert "new sections" Page 3, following line 13: "Section 30. Suspension and Repeal of amendments. (a) Notwithstanding Section 1 of Article XIII, the 2004 amendments to Section 15 of Article IX are suspended on the date of an initial determination by the Internal Revenue Service that all or a portion of the permanent fund is subject to federal taxation. The suspension is terminated on the date the amendments are repealed under (b) of this section or one hundred eighty days after the date of a final, nonappealable judgment or order by a federal court deciding that no portion of the permanent fund would be subject to federal taxation as a result of the amendments. During the period of suspension under this subsection, Section 15 of Article IX shall apply as it read on January 1, 2003. (b) Notwithstanding Section 1 of Article XIII, the 2004 2004-04-07 Senate Journal Page 2832 amendments to Section 15 of Article IX are repealed one hundred eighty days after the date of a final, nonappealable judgment or order by a federal court deciding that all or a portion of the permanent fund is subject to federal taxation. Upon repeal of the 2004 amendments under this subsection, Section 15 of Article IX is amended to read as it read on January 1, 2003." Page 3, line 14: Delete "Section 30" Insert "Section 31" Senator Elton called the Senate. The call was satisfied. Senator Lincoln moved for the adoption of Amendment No. 4. Senator Ben Stevens objected and rose to a point of order, stating the amendment constituted discharging a bill from committee. President Therriault, citing precedent and longstanding interpretation of the rules, ruled the amendment out of order. Senator Ellis appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold ruling of the Chair? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Excused: Hoffman and so, the ruling of the Chair was upheld. CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am was automatically in third reading. 2004-04-07 Senate Journal Page 2833 Senator Elton moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senators Elton, Davis, Ellis, French, Guess, Hoffman, Lincoln, Olson offered Amendment No. 5 : Page 3, line 14, following "Section 30.": Insert "Conditional Effect," Page 3, line 14, following "(a)": Insert "The 2004 amendment relating to an appropriation limit (art. IX, sec. 16) takes effect only if, in 2004, the voters approve an amendment to Section 15 of Article IX requiring all income from the permanent fund to be deposited in the earnings reserve account and distributed as provided for under AS 37.13.140, 37.13.145, and AS 43.23.025, as those statutes read on July 1, 2002, and authorizing amendment or repeal of those statutes only upon ratification by the voters. (b)" Reletter the following subsection accordingly. Senator Elton moved and asked unanimous consent for the adoption of Amendment No. 5. Senator Ben Stevens objected. President Therriault reminded members that Mason's Manual Rule 102 is always in effect during debate. In accordance with Mason's Manual Rule 583, President Therriault relinquished the chair to Senator Ben Stevens, President pro tempore, in order to participate in debate. President Therriault and Senator Ben Stevens resumed their original places. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 2004-04-07 Senate Journal Page 2834 CSSJR 3(FIN) am Second Reading Amendment No. 5 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Ogan, Olson Nays: Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman and so, Amendment No. 5 failed to be adopted. CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am was automatically in third reading. Senator Ben Stevens called the Senate. The call was satisfied. Senator Ogan rose to a point of order. President Therriault cautioned members to proceed in order. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit, pass the Senate?" The roll was taken with the following result: CSSJR 3(FIN) am Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Excused: Hoffman and so, lacking the necessary fourteen votes, CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) am failed to pass the Senate. Senator Dyson gave notice of reconsideration.