Legislature(2005 - 2006)

2006-11-17 House Journal

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2006-11-17                     House Journal                      Page 4415
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                        FOURTH SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                   Friday            November 17, 2006                              
                                                                                                    
                              Fourth Day                                                       
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:16 a.m.                                                                                
                                                                                                    
Roll call showed 27 members present.  Representatives Gruenberg,                                    
Ramras, and Weyhrauch were absent and their presence was noted                                      
later.                                                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                               
Kapsner, McGuire, Moses, and Neuman be excused from a call of the                                   
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The invocation was offered by the Chaplain, Representative                                          
Dahlstrom.  Representative Coghill moved and asked unanimous                                        
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
    Our Father in Heaven,                                                                           
                                                                                                    
    We thank Thee for our beautiful state and most especially for                                   
    our lives.  Please bless us this day with wisdom, tolerance,                                    
    and clear minds.  Please bless the men and women of our                                         
    military and their families.  Thank You for the freedom we                                      
    enjoy.  Please bless the members of this body who have health                                   
    problems - may Thy calming spirit be with them.                                                 
                                                                                                    
      This is our prayer, Father, and we ask these things in Thy                                   
    name.  Amen.                                                                                    
                                                                                                    

2006-11-17                     House Journal                      Page 4416
The Pledge of Allegiance was led by Representative Kott.                                            
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the third legislative day of the Fourth Special Session be                              
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
**The presence of Representative Ramras was noted.                                                  
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 4001                                                                                           
The following, which was advanced to third reading from the                                         
November 16, 2006, calendar (page 4408), was read the third time:                                   
                                                                                                    
    CS FOR HOUSE BILL NO. 4001(FIN)                                                                 
    "An Act prohibiting the commissioner of administration from                                     
    adopting, allowing to become law, or implementing regulations                                   
    that grant or extend employment-related benefits to same-sex                                    
    partners of state employees and members of the state retirement                                 
    systems unless expressly authorized by statute; providing for the                               
    authority of the commissioner of administration to take certain                                 
    actions relating to those benefits if a contingency is met; and                                 
    providing for an effective date."                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 4001(FIN) be moved to the bottom of the calendar.  There                                       
being no objection, it was so ordered.                                                              
                                                                                                    
                                                                                                    
HB 4002                                                                                           
The following, which was advanced to third reading from the                                         
November 16, 2006, calendar (page 4409), was read the third time:                                   
                                                                                                    

2006-11-17                     House Journal                      Page 4417
    CS FOR HOUSE BILL NO. 4002(FIN)                                                                 
    "An Act authorizing an advisory vote on employment benefits for                                 
    same-sex partners of public employees and same-sex partners of                                  
    public employee retirees; and providing for an effective date."                                
                                                                                                    
Representative Gara moved and asked unanimous consent that CSHB
4002(FIN) 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 Crawford, Gara,                                      
Kerttula, Berkowitz, Cissna, Gardner, Salmon, Gruenberg, and                                        
Guttenberg:                                                                                         
                                                                                                    
Page 1, line 2, following "retirees" (title amendment):                                           
 Insert "and on health care coverage for children"                                                
                                                                                                    
Page 2, line 7, following "retirees":                                                               
 Insert "and, shall all children in the state of Alaska have access to                              
health care coverage."                                                                              
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
**The presence of Representative Gruenberg was noted.                                               
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 4002(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  22   EXCUSED:  10   ABSENT:  1                                                  
                                                                                                    

2006-11-17                     House Journal                      Page 4418
Yeas:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula, Salmon                                
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson                                                  
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 4002(FIN) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
CSHB 4002(FIN)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  6   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula                                        
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, CSHB 4002(FIN) passed the House.                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           

2006-11-17                     House Journal                      Page 4419
                                                                                                    
CSHB 4002(FIN)                                                                                      
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  24   NAYS:  6   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula                                        
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted and the new title follows:                                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 4002(FIN)(efd fld)                                                        
    "An Act authorizing an advisory vote on employment benefits for                                 
    same-sex partners of public employees and same-sex partners of                                  
    public employee retirees."                                                                      
                                                                                                    
CSHB 4002(FIN)(efd fld) was referred to the Chief Clerk for                                         
engrossment.                                                                                        
                                                                                                    
HB 4001                                                                                           
The following, which had been read the third time and moved to the                                  
bottom of the calendar (page 4416), was again before the House:                                     
                                                                                                    
    CS FOR HOUSE BILL NO. 4001(FIN)                                                                 
    "An Act prohibiting the commissioner of administration from                                     
    adopting, allowing to become law, or implementing regulations                                   
    that grant or extend employment-related benefits to same-sex                                    
    partners of state employees and members of the state retirement                                 
    systems unless expressly authorized by statute; providing for the                               
    authority of the commissioner of administration to take certain                                 
    actions relating to those benefits if a contingency is met; and                                 
    providing for an effective date."                                                               
                                                                                                    

2006-11-17                     House Journal                      Page 4420
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 4001(FIN) 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 Representative Berkowitz:                                            
                                                                                                    
Page 2, lines 13 - 19:                                                                              
    Delete all material.                                                                            
                                                                                                    
Renumber the following subparagraphs accordingly.                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
A call was placed on the House.                                                                     
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 4001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  22   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula,                                       
Salmon, Samuels                                                                                     
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    

2006-11-17                     House Journal                      Page 4421
Representative Kelly moved and asked unanimous consent that CSHB
4001(FIN) 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 Representative Kelly:                                                
                                                                                                    
Page 1, lines 4 - 6 (title amendment):                                                              
    Delete "providing for the authority of the commissioner of                                    
    administration to take certain actions relating to those benefits                             
    if a contingency is met;"                                                                     
                                                                                                    
Page 2, line 1 through Page 3, line 1:                                                              
    Delete all material.                                                                            
                                                                                                    
Page 3, line 2:                                                                                     
    Delete "Except as provided in sec. 5 of this Act, this"                                         
    Insert "This"                                                                                   
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Kelly moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 4001(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  19   NAYS:  11   EXCUSED:  10   ABSENT:  0                                                 
                                                                                                    
Yeas:  Chenault, Dahlstrom, Foster, Gardner, Gatto, Harris, Holm,                                   
Kelly, Kohring, Lynn, Meyer, Olson, Ramras, Rokeberg, Salmon,                                       
Samuels, Stoltze, Thomas, Wilson                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Gara, Gruenberg, Hawker,                                         
Kerttula, Kott, LeDoux, Seaton, Weyhrauch                                                           
                                                                                                    

2006-11-17                     House Journal                      Page 4422
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, Amendment No. 2 was adopted and the new title follows:                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 4001(FIN) am                                                              
    "An Act prohibiting the commissioner of administration from                                     
    adopting, allowing to become law, or implementing regulations                                   
    that grant or extend employment-related benefits to same-sex                                    
    partners of state employees and members of the state retirement                                 
    systems unless expressly authorized by statute; and providing for                               
    an effective date."                                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 4001(FIN) am pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 4001(FIN) am                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  22   NAYS:  8   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson                                                  
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula, Seaton,                               
Weyhrauch                                                                                           
                                                                                                    
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, CSHB 4001(FIN) am passed the House.                                                         
                                                                                                    
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           

2006-11-17                     House Journal                      Page 4423
                                                                                                    
CSHB 4001(FIN) am                                                                                   
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  24   NAYS:  6   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson, Ramras,                                     
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gardner, Gruenberg, Kerttula                                        
                                                                                                    
Excused:  Anderson, Crawford, Croft, Elkins, Guttenberg, Joule,                                     
Kapsner, McGuire, Moses, Neuman                                                                     
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted and the new title follows:                                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 4001(FIN) am(efd fld)                                                     
    "An Act prohibiting the commissioner of administration from                                     
    adopting, allowing to become law, or implementing regulations                                   
    that grant or extend employment-related benefits to same-sex                                    
    partners of state employees and members of the state retirement                                 
    systems unless expressly authorized by statute."                                                
                                                                                                    
CSHB 4001(FIN) am(efd fld) was referred to the Chief Clerk for                                      
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 4001                                                                                           
CSHB 4001(FIN) am(efd fld) was engrossed, signed by the Speaker                                     
and Chief Clerk and transmitted to the Senate for consideration.                                    
                                                                                                    
                                                                                                    
HB 4002                                                                                           
CSHB 4002(efd fld) was engrossed, signed by the Speaker and Chief                                   
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2006-11-17                     House Journal                      Page 4424
                              ADJOURNMENT                                                        
                                                                                                    
Representative Holm moved and asked unanimous consent that the                                      
Fourth Special Session of the House of Representatives for the                                      
Twenty-fourth Legislature adjourn sine die.  There being no objection,                              
the House adjourned at 11:22 a.m.                                                                   
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk