Legislature(2005 - 2006)

2006-12-29 House Journal

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2006-12-29                     House Journal                      Page 4427
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                        TWENTY-FOURTH LEGISLATURE                                                
                                                                                                    
                         FOURTH SPECIAL SESSION                                                  
                                                                                                    
Juneau, Alaska                    Friday             December 29, 2006                            
                                                                                                    
                            Final Supplement                                                   
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
As Chief Clerk, I certify as to the correctness of the journal for the                              
fourth day of the Fourth Special Session of the Twenty-Fourth                                       
Legislature.                                                                                        
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 4001                                                                                           
A message dated November 20, 2006, was received stating the Senate                                  
has passed:                                                                                         
                                                                                                    
    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                                      
enrollment.                                                                                         
                                                                                                    
                                                                                                    
HB 4002                                                                                           
A message dated November 20, 2006, was received stating the Senate                                  
has passed:                                                                                         
                                                                                                    

2006-12-29                     House Journal                      Page 4428
    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                                         
enrollment.                                                                                         
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
SCR 401                                                                                           
A message dated November 28, 2006, was read stating the Governor                                    
read the following resolution and is transmitting the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 401                                                            
    Relating to legislative powers over same-sex partner employment                                 
    benefits and urging the courts to delay action until the legislature                            
    has sufficient time to act in the next regular session of the                                   
    legislature.                                                                                    
                                                                                                    
    Legislative Resolve No. 60                                                                      
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 4001                                                                                           
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                 
December 7, 2006:                                                                                   
                                                                                                    
    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."                                                
                                                                                                    

2006-12-29                     House Journal                      Page 4429
HB 4002                                                                                           
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:30 p.m.,                                 
December 7, 2006:                                                                                   
                                                                                                    
    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."                                                                      
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HB 4002                                                                                           
A message dated December 20, 2006, was received stating the                                         
Governor signed the following bill and is transmitting the engrossed                                
and enrolled copies to the Lieutenant Governor's office for permanent                               
filing:                                                                                             
                                                                                                    
    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."                                                                      
                                                                                                    
    Chapter No. 1, 4SSLA 2006                                                                       
    Effective Date:  March 20, 2007                                                                 
                                                                                                    
HB 4001                                                                                           
The following letter, dated December 28, 2006, was received:                                        
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority vested in me by art. II, sec. 15, of the Alaska                                 
Constitution, I have vetoed the following bill:                                                     
                                                                                                    
    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                                    

2006-12-29                     House Journal                      Page 4430
    partners of state employees and members of the state retirement                                 
    systems unless expressly authorized by statute."                                                
                                                                                                    
The Alaska Supreme Court issued an order on December 19, 2006,                                      
that made effective regulations to provide employment-related benefits                              
to same-sex partners of public employees and members of the state                                   
retirement systems. The Department of Law has advised me that the                                   
Alaska Supreme Court is likely to find that this bill is unconstitutional                           
and, therefore, the bill would not effectively prohibit the provision of                            
benefits under those regulations.                                                                   
                                                                                                    
The regulations are already in effect in accordance with the court's                                
order of December 19, 2006. Allowing this bill to become law would                                  
violate my oath of office to uphold and defend the Constitution of the                              
State of Alaska.                                                                                    
                                                                                                    
Please know that this veto does not signal any change or modification                               
to my disagreement with the action and order by the Alaska Supreme                                  
Court. It is my intention to work with the legislature and to give the                              
people of Alaska an opportunity to express their wishes and intentions                              
whether these benefits should continue.                                                             
                                                                                                    
                               Sincerely,                                                          
                               /s/                                                                  
                               Sarah Palin                                                         
                                Governor"                                                          
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following audit reports were received from the Division of                                      
Legislative Audit, Legislative Budget & Audit Committee, as required                                
by AS 24.20.311:                                                                                    
                                                                                                    
State of Alaska, Single Audit for the                                                               
Fiscal Year Ended June 30, 2005                                                                     
                                                                                                    
Board of Governors of the Alaska Bar                                                                
Sunset Review Follow Up                                                                             
September 15, 2006                                                                                  
                                                                                                    

2006-12-29                     House Journal                      Page 4431
Dept. of Commerce, Community, & Economic Development                                                
Board of Certified Direct-Entry Midwives                                                            
September 11, 2006                                                                                  
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
Benchmarking                                                                                        
July 28, 2006                                                                                       
                                                                                                    
Various Departments                                                                                 
Residency Requirements of State of Alaska                                                           
Benefit Programs                                                                                    
February 28, 2006                                                                                   
                                                                                                    
                INDEX OF BILLS WITH SPECIAL ACTION BY THE                                        
                                GOVERNOR                                                         
                                                                                                    
HB 4001                                                                                           
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."                                                                   
                                                                                                    
Veto………………………………………………………………4429                                                                    
                                                                                                    
                                * * * * *                                                        
                                                                                                    
This final supplement completes the record of legislation for the                                   
Fourth Special Session of the Twenty-Fourth Alaska State Legislature.                               
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk