Legislature(2005 - 2006)

2005-02-23 House Journal

Full Journal pdf

2005-02-23                     House Journal                      Page 0395
SB 62                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 62                                                                              
    "An Act making a supplemental appropriation for increased                                       
    operating costs of the division of elections; and providing for an                              
    effective date."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT 8DP 3NR                                                      328                           
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 1, following line 3, insert a new bill section to read:                                        
                                                                                                    
   "*Section 1.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
 LEGISLATIVE FINDINGS AND INTENT.   (a)  The legislature                                            
finds that                                                                                          
  (1)  Alaska law requires that the Division of Elections and the                                   
Lieutenant Governor write a "a true and impartial summary of the                                    
proposed law" (AS 15.45.180) for each initiative on the ballot; and                                 
  (2)  for an initiative on the 2004 general election ballot, the                                   
Lieutenant Governor prepared a summary that was found by the                                        
Anchorage Superior Court to be biased and inaccurate; and                                           
  (3)  at great expense to the state, the Lieutenant Governor's                                     
decision eventually forced the Division of Elections to reprint                                     
thousands of ballots with the proper, impartial summary of the                                      
proposed law; and                                                                                   
  (4)  if the Lieutenant Governor had followed the law set out in                                   
AS 15.45.180, the State of Alaska would not have incurred this great                                
cost.                                                                                               
 (b)  It is the intent of this Legislature                                                          
  (1)  to appropriate the supplemental funds to cover the costs                                     
incurred by the state for only the specific instance described in (a) of                            
this section; and                                                                                   

2005-02-23                     House Journal                      Page 0396
  (2)  to put the Division of Elections and the Lieutenant                                          
Governor on notice that the legislature expects true and impartial                                  
ballot language; and                                                                                
  (3)  not to appropriate additional funds to the Division of                                       
Elections for costs incurred by the State of Alaska due to the failure of                           
the Lieutenant Governor to adhere to election laws in the future."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
Representative Gruenberg rose to a point of order regarding                                         
impugning the motives of members of the body.                                                       
                                                                                                    
The Speaker cautioned members to confine remarks to the                                             
amendment.                                                                                          
                                                                                                    
Representative Rokeberg rose to a point of order regarding confining                                
remarks to the amendment before the body.                                                           
                                                                                                    
The Speaker reminded members to confine remarks to the amendment.                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 62                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  26   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Gardner, Gruenberg,                                        
Guttenberg, Joule, Kapsner, Kerttula, Salmon                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, LeDoux, Lynn, McGuire,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                   
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    

2005-02-23                     House Journal                      Page 0397
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "$694,900"                                                                                  
 Insert "$613,833"                                                                                  
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 62                                                                                               
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  30   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gruenberg, Guttenberg, Kerttula,                                 
Salmon                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gara,                                
Gardner, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly,                                        
Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                       
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 62 be considered engrossed, advanced to third reading, and placed                                
on final passage.                                                                                   
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2005-02-23                     House Journal                      Page 0398
SB 62 will advance to third reading on tomorrow's calendar.