Legislature(2003 - 2004)
2004-04-22 House Journal
Full Journal pdf2004-04-22 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.