Legislature(2005 - 2006)

2006-04-12 House Journal

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2006-04-12                     House Journal                      Page 3127
SB 172                                                                                            
HCS SB 172(FIN) am H was again before the House in second                                           
reading.                                                                                            
                                                                                                    
                                                                                                    
New Amendment No. 7 (title amendment) was offered by                                                
Representatives Meyer and Croft:                                                                    
                                                                                                    
Page 1, line 2, following "ballot;":                                                              
    Insert "relating to review of applications for certification of                               
    initiatives;"                                                                                 
                                                                                                    
Representative Croft moved and asked unanimous consent that New                                     
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative Stoltze objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall New Amendment No. 7 be adopted?"  The                                   
roll was taken with the following result:                                                           

2006-04-12                     House Journal                      Page 3128
                                                                                                    
HCS SB 172(FIN) am H                                                                                
Second Reading                                                                                      
New Amendment No. 7                                                                                 
                                                                                                    
YEAS:  22   NAYS:  9   EXCUSED:  5   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Coghill, Crawford, Croft, Elkins, Gara, Gardner,                                  
Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kott,                               
LeDoux, Lynn, Meyer, Ramras, Samuels, Seaton, Wilson                                                
                                                                                                    
Nays:  Chenault, Hawker, Holm, Kelly, Neuman, Olson, Stoltze,                                       
Thomas, Weyhrauch                                                                                   
                                                                                                    
Excused:  Cissna, Dahlstrom, Foster, Kohring, Salmon                                                
                                                                                                    
Absent:  Anderson, McGuire, Moses, Rokeberg                                                         
                                                                                                    
And so, New Amendment No. 7 was adopted, and the new title                                          
follows:                                                                                            
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 172(FIN) am H                                                      
    "An Act relating to election pamphlets and to the presentation of                               
    initiatives and referenda on the ballot; relating to review of                                  
    applications for certification of initiatives; and providing for an                             
    effective date."                                                                                
                                                                                                    
Amendment No. 8 was offered  by Representatives Chenault, Kott, and                                  
Holm:                                                                                               
                                                                                                    
Page 1, line 2, following "ballot;" (title amendment):                                            
    Insert "relating to sponsors of initiatives and referenda;"                                   
                                                                                                    
Page 1, following line 13:                                                                          
    Insert new bill sections to read:                                                               
   "* Sec. 2. AS 15.45.030 is amended to read:                                                    
     Sec. 15.45.030. Form of application. The application must                                    
    include the                                                                                     
      (1)  proposed bill;                                                                           
      (2)  printed name, the signature, the address, and a                                          
    numerical identifier of not fewer than 100 qualified voters who                             
    are not elected state officials and who will serve as sponsors;                             
    each signature page must include a statement that the sponsors are                              

2006-04-12                     House Journal                      Page 3129
    qualified voters who signed the application with the proposed bill                              
    attached; and                                                                                   
      (3)  designation of an initiative committee consisting of                                     
    three of the sponsors who subscribed to the application and                                     
    represent all sponsors and subscribers in matters relating to the                               
    initiative; the designation must include the name, mailing address,                             
    and signature of each committee member.                                                         
   * Sec. 3. AS 15.45.060 is amended to read:                                                     
     Sec. 15.45.060. Designation of sponsors. The qualified                                       
    voters who subscribe to the application in support of the proposed                              
    bill are designated as sponsors. The initiative committee may                                   
    designate additional sponsors by giving written notice to the                                   
    lieutenant governor of the names, addresses, and numerical                                      
    identifiers of those so designated. An elected state official may                           
    not be designated as a sponsor."                                                            
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, following line 7:                                                                           
    Insert new bill sections to read:                                                               
   "* Sec. 5. AS 15.45.270 is amended to read:                                                    
     Sec. 15.45.270. Form of application. The application must                                    
    include                                                                                         
      (1)  the act to be referred;                                                                  
      (2)  a statement of approval or rejection;                                                    
      (3)  the printed name, the signature, the address, and a                                      
    numerical identifier of not fewer than 100 qualified voters who                             
    are not elected state officials and who will serve as sponsors;                             
    each signature page must include a statement that the sponsors are                              
    qualified voters who signed the application with the act to be                                  
   referred and the statement of approval or rejection attached; and                               
      (4)  the designation of a referendum committee consisting                                     
    of three of the sponsors who subscribed to the application and                                  
    represent all sponsors and subscribers in matters relating to the                               
    referendum; the designation must include the name, mailing                                      
    address, and signature of each committee member.                                                
   * Sec. 6. AS 15.45.290 is amended to read:                                                     
          Sec. 15.45.290. Designation of sponsors. The qualified                                  
         voters who subscribe to the application in support of the                                  
         referendum are designated as sponsors. The referendum                                      

2006-04-12                     House Journal                      Page 3130
         committee may designate additional sponsors by giving notice                               
         to the lieutenant governor of the names, addresses, and                                    
         numerical identifiers of those so designated. An elected state                         
         official may not be designated as a sponsor."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 8 be adopted.                                                                         
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
Representative Holm moved and asked unanimous consent to                                            
withdraw Amendment No. 8.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 9 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, line 3:                                                                                     
    Delete "25"                                                                                 
    Insert "50"                                                                                 
                                                                                                    
Page 2, line 3:                                                                                     
    Delete "indicate the general subject of the proposition"                                        
    Insert "provide a true and impartial summary of the measure                                 
    [INDICATE THE GENERAL SUBJECT OF THE                                                            
    PROPOSITION]"                                                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 9 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 172(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 9                                                                                     
                                                                                                    
YEAS:  13   NAYS:  20   EXCUSED:  5   ABSENT:  2                                                  
                                                                                                    

2006-04-12                     House Journal                      Page 3131
Yeas:  Berkowitz, Coghill, Crawford, Elkins, Gara, Gardner, Gatto,                                  
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Wilson                                             
                                                                                                    
Nays:  Anderson, Chenault, Croft, Harris, Hawker, Holm, Kelly, Kott,                                
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Samuels, Seaton, Stoltze, Thomas                                                                    
                                                                                                    
Excused:  Cissna, Dahlstrom, Foster, Kohring, Salmon                                                
                                                                                                    
Absent:  Moses, Weyhrauch                                                                           
                                                                                                    
And so, Amendment No. 9 was not adopted.                                                            
                                                                                                    
Amendment No. 10 was not offered.                                                                   
                                                                                                    
                                                                                                    
Amendment No. 11 was offered  by Representatives Kapsner, Croft,                                     
and Gruenberg:                                                                                      
                                                                                                    
Page 2, line 2, following "proposition":                                                            
    Insert ", in English and Alaska Native languages"                                           
                                                                                                    
Page 2, line 11:                                                                                    
    Insert ", in English and Alaska Native languages"                                           
                                                                                                    
Representative Kapsner moved and asked unanimous consent that                                       
Amendment No. 11 be adopted.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
Amendment to Amendment No. 11 was offered  by Representatives                                        
LeDoux and Gruenberg:                                                                               
                                                                                                    
Under Page 2, line 2, following "English":                                                      
    Insert ", Tagalog, Spanish,"                                                                
                                                                                                    
Under Page 2, line 11, following "English":                                                     
    Insert ", Tagalog, Spanish,"                                                                
                                                                                                    
Representative LeDoux moved and asked unanimous consent that                                        
Amendment to Amendment No. 11 be adopted.                                                           
                                                                                                    

2006-04-12                     House Journal                      Page 3132
There was objection.                                                                                
                                                                                                    
Representative LeDoux moved and asked unanimous consent to                                          
withdraw Amendment to Amendment No. 11.                                                             
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment to Amendment No. 11 was                                       
withdrawn.                                                                                          
                                                                                                    
Representative Kapsner moved and asked unanimous consent to                                         
withdraw Amendment No. 11.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Elkins be excused from a call of the House.  There                                   
being no objection, it was so ordered.                                                              
                                                                                                    
Amendment No. 12 was offered  by Representatives Gruenberg,                                          
Seaton, and Meyer:                                                                                  
                                                                                                    
Page 1, line 2, following "ballot;" (title amendment):                                            
    Insert "relating to the circulation and subscription of recall                                
    petitions;"                                                                                   
                                                                                                    
Page 2, following line 16:                                                                          
    Insert new bill sections to read:                                                               
   "* Sec. 4. AS 15.45.580(a) is amended to read:                                                 
     (a)  The petitions may be circulated only in person throughout                                 
    the state [OR SENATE OR HOUSE DISTRICT REPRESENTED                                              
    BY THE OFFICIAL SOUGHT TO BE RECALLED].                                                         
   * Sec. 5. AS 15.45.590 is amended to read:                                                     
     Sec. 15.45.590. Manner of signing and withdrawing name                                       
    from petition. Any qualified voter registered to vote in the                              
    district represented by the official sought to be recalled may                              
    subscribe to the petition by printing the voter's name, a numerical                             
    identifier, and an address, by signing the voter's name, and by                                 
    dating the signature. A person who has signed the petition may                                  
    withdraw the person's name only by giving written notice to the                                 
    director before the date the petition is filed."                                                
                                                                                                    

2006-04-12                     House Journal                      Page 3133
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 12 be adopted.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
Representative Coghill placed a call of the House on the bill and lifted                            
the call.                                                                                           
                                                                                                    
The objection was withdrawn.  There being no further objection,                                     
Amendment No. 12 was adopted, and the new title follows:                                            
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 172(FIN) am H                                                      
    "An Act relating to election pamphlets and to the presentation of                               
    initiatives and referenda on the ballot; relating to review of                                  
    applications for certification of initiatives; and relating to the                              
    circulation and subscription of recall petitions; and providing for                             
    an effective date."                                                                             
                                                                                                    
HCS SB 172(FIN) am H was automatically in third reading.                                            
                                                                                                    
Representative Coghill placed a call of the House on the bill.                                      
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall HCS SB 172(FIN) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 172(FIN) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  5   EXCUSED:  6   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Gatto,                                         
Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    

2006-04-12                     House Journal                      Page 3134
Nays:  Berkowitz, Gara, Gardner, Guttenberg, Kerttula                                               
                                                                                                    
Excused:  Cissna, Dahlstrom, Elkins, Foster, Kohring, Salmon                                        
                                                                                                    
And so, HCS SB 172(FIN) am H passed the House.                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 172(FIN) am H                                                                                
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  24   NAYS:  10   EXCUSED:  6   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Harris, Hawker, Holm,                                    
Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                    
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Crawford, Gara, Gardner, Gatto, Gruenberg,                                        
Guttenberg, Joule, Kapsner, Kerttula                                                                
                                                                                                    
Excused:  Cissna, Dahlstrom, Elkins, Foster, Kohring, Salmon                                        
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted, and the new title follows:                                                             
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 172(FIN) am H(efd fld H)                                           
    "An Act relating to election pamphlets and to the presentation of                               
    initiatives and referenda on the ballot; relating to review of                                  
    applications for certification of initiatives; and relating to the                              
    circulation and subscription of recall petitions."                                              
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS SB 172(FIN) am H(efd fld H).