Legislature(1993 - 1994)

1994-05-09 House Journal

Full Journal pdf

1994-05-09                     House Journal                      Page 4260
SB 217                                                                       
The following was read the second time:                                        
                                                                               
                                                                               
CS FOR SENATE BILL NO. 217(FIN) am                                            
"An Act relating to the University of Alaska and university land,             
authorizing the University of Alaska to select additional state                
public domain land, and defining net income from the University                
of Alaska's endowment trust fund as `university receipts' subject              
to prior legislative appropriation; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	CRA RPT HCS(CRA) 3DP 3NR                                         4218         
	-PREVIOUS SENATE FISCAL NOTE (DNR) 3/16                          4219         
	-2 PREVIOUS SENATE Fiscal notes (UA, F&G) 3/10/94                4219         
	-PREVIOUS SENATE ZERO FN (REV) 3/10/94                           4219         
	FIN REFERRAL WAIVED                                              4234         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 217(CRA)                                  
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1994-05-09                     House Journal                      Page 4261
SB 217                                                                       
Amendment No. 1 was offered  by Representative Finkelstein:                     
                                                                               
                                                                               
Page 10, after line 15, insert a new subsection to read:                       
                                                                               
	"(c)  The public shall have access to lands conveyed under                   
this section for subsistence, recreation, hunting, and fishing                 
activities."                                                                   
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Sitton objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 217(CRA)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brown, Bunde, Davidson, Finkelstein, Grussendorf, Hoffman,              
MacLean, Martin, Menard, Moses, Navarre, Nicholia, Nordlund,                   
Ulmer, Willis                                                                  
                                                                               
                                                                               
Nays:  Barnes, Brice, Carney, Davies, B.Davis, G.Davis, Foster, Green,         
Hanley, Hudson, James, Kott, Larson, Mackie, Mulder, Olberg, Parnell,          
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams         
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               

1994-05-09                     House Journal                      Page 4262
SB 217                                                                       
Amendment No. 2 was offered  by Representative Finkelstein.                     
                                                                               
Page 2, line 17:                                                               
                                                                               
Delete "a significant and substantial portfolio of income                     
producing"                                                                     
                                                                               
Insert "the surface estate of state"                                          
                                                                               
Page 4, line 10, after "the conveyance of"                                     
                                                                               
Insert "the surface estate to"                                                
                                                                               
Page 4, line 31:                                                               
                                                                               
Delete "Notwithstanding AS 38.05.125(a),"                                     
                                                                               
Insert "AS 38.05.125(a) applies to"                                           
                                                                               
Page 5, after "this" on line 2, through line 7:                                
                                                                               
Delete all material.                                                          
                                                                               
Insert "section."                                                             
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Brice objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 217(CRA)                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                             
                                                                               

1994-05-09                     House Journal                      Page 4263
SB 217                                                                       
Yeas:  Brown, Finkelstein, Grussendorf, Hoffman, Larson, MacLean,              
Moses, Navarre, Nicholia, Nordlund, Willis                                     
                                                                               
Nays:  Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis,                
G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, Martin,           
Menard, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,            
Therriault, Toohey, Ulmer, Vezey, Williams                                     
                                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Navarre:                         
                                                                               
Page 4, line 10:                                                               
                                                                               
Delete "500,000"                                                              
                                                                               
Insert "250,000"                                                              
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 3 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 217(CRA)                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  22   NAYS:  17   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brown, Davidson, G.Davis, Finkelstein, Foster, Green,                   
Grussendorf, Hanley, Hoffman, Kott, Larson, Mackie, MacLean,                   
Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter,          
Ulmer                                                                          
                                                                               

1994-05-09                     House Journal                      Page 4264
SB 217                                                                       
Nays:  Barnes, Brice, Bunde, Carney, Davies, B.Davis, Hudson, James,           
Olberg, Phillips, Sanders, Sitton, Therriault, Toohey, Vezey, Williams,        
Willis                                                                         
                                                                               
Absent:  Moses                                                                 
                                                                               
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 7 - page 13, line 28:                                             
                                                                               
	Delete all material and insert:                                               
   "* Section 1.   AS14.40 is amended by adding a new section to           
read:                                                                          
	Sec. 14.40.365.  UNIVERSITY LAND FROM STATEHOOD                              
ACT LAND SELECTION CONVEYANCES.  (a)  The University                           
of Alaska may select and obtain an equitable interest in and is                
entitled to receive the income derived from the management of                  
250,000 acres of land conveyed to the state under Sec. 6(b) of the             
Alaska Statehood Act (P.L. 85-508, 72 Stat. 339) that, on the date             
of its selection by the university,                                            
		(1)  has not been conveyed by the state;                                    
		(2)  has not been reserved by law from the public domain;                   
                                                                               
		(3)  is not land                                                            
		(A)  included in a five-year proposed oil and gas                          
leasing program under AS38.05.180(b); or                                       
		(B)  leased under, or for which a lease application is                     
pending under, AS38.05.180(d);                                                 
		(4)  is not subject to a possessory interest or encumbrance                 
other than                                                                     
		(A)  a lease that is not an oil or gas lease;                              
		(B)  a timber contract;                                                    
		(C)  a mining claim;                                                       
		(D)  a sale of materials under AS38.05.110-                                
38.05.120;                                                                     
                                                                               

1994-05-09                     House Journal                      Page 4265
SB 217                                                                       
		(E)  a land use permit or right-of-way issued by the                       
Department of Natural Resources under AS38.05;                                 
		(5)  is not necessary to carry out the purpose of an                        
interagency land management agreement; or                                      
		(6)  is not subject to conveyance under a land exchange                     
or land settlement agreement.                                                  
	(b)  Notwithstanding AS38.05.125(a), the transfer of the                     
equitable interest in land from the Department of Natural                      
Resources to the Board of Regents of the University of Alaska                  
under this section includes                                                    
		(1)  the interest of the state in the coal, ores, minerals,                 
fissionable materials, geothermal resources, and fossils that may be           
in or on the land; and                                                         
		(2)  the interest of the state in the oil and gas that may be               
in or on the land, but only as to land that is selected by the                 
University of Alaska under this section on and after the date that             
is the fifth anniversary of the effective date of this section.                
	(c)  When the University of Alaska selects an equitable                      
interest in the land to which it is entitled under this section, unless        
the commissioner of natural resources determines under (e) of this             
section that the equitable interest in the land should not be                  
conveyed, the commissioner of natural resources shall impose on                
the land selected an equitable interest in the land.                           
	(d)  When a selection has been made by the University of                     
Alaska under (c) of this section, the land selected is closed to               
entry until a conveyance of the equitable interest is made or the              
selection has been rejected by the commissioner of natural                     
resources.                                                                     
	(e)  The commissioner of natural resources may not convey                    
the equitable interest to any land selection made by the University            
of Alaska under this section if the commissioner determines that               
the proposed selection                                                         
		(1)  includes land for which, at the time of its selection                  
under this section,                                                            
		(A)  a municipality has made a selection under                             
AS29.65, unless the land selection is, at a later date, rejected               
by the commissioner of natural resources or relinquished by                    
the municipality; or                                                           
		(B)  the commissioner reasonably believes may be                           
selected by a municipality under AS29.65.030, but the                          
                                                                               

1994-05-09                     House Journal                      Page 4266
SB 217                                                                       
commissioner may not withhold under this subparagraph the                    
conveyance of title to land selected by the University of                      
Alaska for more than three years after the date of the                         
municipality's incorporation;                                                  
		(2)  is not in the best interests of the state; in making a                 
determination under this paragraph as to whether a selection by the            
University of Alaska is in the best interests of the state, the                
commissioner shall consider                                                    
                                                                               
		(A)  the interest of the general public in retention of                    
the equitable interest in the land in state ownership, including               
the interest in maintaining and protecting customary and                       
traditional uses of the resources of the land;                                 
		(B)  ensuring an appropriate diversity in the character                    
of interests in land held by the state and by the University of                
Alaska;                                                                        
		(C)  the public benefits achieved by conveyance of                         
the equitable interest in the land to the University of Alaska;                
		(D)  the probable potential for the development of the                     
land and its resources and the probable income to the                          
University of Alaska from the conveyance of the equitable                      
interest in the land;                                                          
		(E)  benefits to the University of Alaska from the                         
conveyance of the equitable interest in the land to it; and                    
		(F)  the efficiency of the management of the land                          
resulting from the conveyance of the equitable interest in the                 
land.                                                                          
	(f)  If the Board of Regents of the University of Alaska                     
disagrees with a decision of the commissioner of natural resources             
not to convey the equitable interest to the University of Alaska               
land selected by it under this section, the Board of Regents and the           
commissioner of natural resources shall submit the matter to the               
governor, who shall make the decision.  The decision of the                    
governor is final.                                                             
	(g)  The Department of Natural Resources shall manage the                    
land to which equitable interest has been conveyed to the                      
University of Alaska under this section.  When the Department of               
Natural Resources manages the land for which equitable interest                
has been conveyed to the University of Alaska, the department                  
shall                                                                          
                                                                               

1994-05-09                     House Journal                      Page 4267
SB 217                                                                       
		(1)  consult with the Board of Regents before adopting or                   
amending regulations relating to the land's management;                        
		(2)  provide notice to, and consult with, the Board of                      
Regents regarding all proposed actions subject to public notice                
under AS38.05.945 before giving that public notice;                            
		(3)  annually provide the Board of Regents with a report                    
including                                                                      
		(A)  a description of all land management activities                       
undertaken under this section during the prior year; and                       
		(B)  an accounting of all income and proceeds                              
generated from the land;                                                       
		(4)  obtain the approval of the Board of Regents before                     
exchanging or disposing of the land.                                           
	(h)  When the equitable interest is conveyed to the University               
of Alaska under this section, the University of Alaska takes the               
equitable interest in the land subject to any possessory interest              
held by another person on the effective date of the conveyance.                
Except as provided in AS14.40.368(1), the Department of Natural                
Resources shall manage the land selected by the University of                  
Alaska under this section, but the University of Alaska is entitled            
to receive the consideration due under that interest for the duration          
of the interest.                                                               
                                                                               
	(i)  In conveying the equitable interest to the University of                
Alaska under this section, the commissioner of natural resources               
shall give public notice under AS38.05.945(b) and (c) and provide              
for access under AS38.05.127, but other provisions of AS38.04                  
and AS38.05 do not apply.                                                      
	(j)  The equitable interest in the land that is transferred or               
conveyed to the University of Alaska under this section                        
		(1)  is subject to                                                          
		(A)  section 6(i) of the Alaska Statehood Act (P.L.                        
85-508, 72 Stat. 339);                                                         
		(B)  art. IX of the state constitution;                                    
		(C)  AS19.10.010; and                                                      
		(D)  the rights of the state under former 43 U.S.C.                        
932 (sec. 8, Act of July26, 1866, 14 Stat. 253);                               
		(2)  excludes any interest transferred to the state by quit                 
claim deed dated June30, 1959, under authority of the Alaska                   
Omnibus Act, P.L. 86-70, 73 Stat. 141;                                         
                                                                               

1994-05-09                     House Journal                      Page 4268
SB 217                                                                       
		(3)  based on a land selection filed by the University of                   
Alaska on or after the effective date of this section and until the            
day before the day that is the fifth anniversary of the effective date         
of this section is subject to reservation by the state in perpetuity           
of all oil and gas that may be in or on the land, together with the            
right to explore the land for oil and gas and to remove from the               
land all oil and gas located in and on it.                                     
	(k)  The University of Alaska shall bear all costs of selection,             
platting, surveying, and conveyance of equitable interest in the               
land that it selects under this section and, subject to appropriation,         
shall reimburse the Department of Natural Resources for the                    
reasonable costs incurred by that department relating to that                  
selection, platting, surveying, and conveyance.  As to an equitable            
interest in land due the University of Alaska under (c) of this                
section because it has not been disapproved under (e) of this                  
section,                                                                       
                                                                               
		(1)  if the land has been surveyed, the boundaries of the                   
land must conform to the public land subdivisions established by               
the approved survey;                                                           
		(2)  if the land is unsurveyed, the commissioner shall                      
survey the exterior boundaries of the land without interior                    
subdivision, and shall use the exterior boundary survey in                     
conveying the equitable interest.                                              
	(l)  For equitable interests in land due the University of Alaska            
under (c) of this section that is unsurveyed, pending the survey of            
exterior boundaries and issuance of conveyance, the commissioner               
of natural resources shall prepare and provide to the University of            
Alaska a document of interim conveyance for the interest in the                
land that is to be conveyed.                                                   
	(m)  The University of Alaska may not make a selection of an                 
equitable interest in land under this section after December31,                
2009.                                                                          
	(n)  The state retains legal title to land for which equitable               
interest is conveyed to the University of Alaska under this section.           
   * Sec. 2.  AS14.40.365(e) is repealed and reenacted to read:              
	(e)  The commissioner of natural resources may not convey                    
the equitable interest to any land selection made by the University            
of Alaska under this section if the commissioner determines that               
the proposed selection                                                         
                                                                               

1994-05-09                     House Journal                      Page 4269
SB 217                                                                       
		(1)  includes land for which, at the time of its selection                  
under this section,                                                            
		(A)  a municipality has made a selection under                             
AS29.65, unless the land selection is, at a later date, rejected               
by the commissioner of natural resources or relinquished by                    
the municipality; or                                                           
		(B)  the commissioner reasonably believes the land                         
may be selected by a municipality under AS29.65.030, but                       
the commissioner may not withhold under this subparagraph                      
the conveyance of title to land selected by the university                     
longer than three years after the date of the municipality's                   
incorporation;                                                                 
		(2)  includes land that, at the time of its selection under                 
this section,                                                                  
		(A)  is subject to an oil and gas exploration license;                     
or                                                                             
		(B)  the commissioner reasonably believes will be                          
made part of, an oil and gas exploration license issued under                  
AS38.05.131 - 38.05.134; the commissioner may not refuse                       
to convey title to land to the University of Alaska under this                 
subparagraph for more than three years after its first selection               
by the University of Alaska;                                                   
		(3)  is not in the best interests of the state; in making a                 
determination under this paragraph as to whether a selection by the            
University of Alaska is in the best interests of the state, the                
commissioner shall consider                                                    
		(A)  the interest of the general public in retention of                    
the equitable interest in the land in state ownership;                         
		(B)  ensuring an appropriate diversity in the character                    
of interests in land held by the state and by the University of                
Alaska;                                                                        
		(C)  the public benefits achieved by conveyance of                         
the equitable interest in the land to the University of Alaska;                
		(D)  the probable potential for the development of the                     
land and its resources and the probable income to the                          
University of Alaska from the conveyance of the equitable                      
interest in the land;                                                          
                                                                               
		(E)  benefits to the University of Alaska from the                         
conveyance of the equitable interest in the land to it; and                    
                                                                               

1994-05-09                     House Journal                      Page 4270
SB 217                                                                       
		(F)  the efficiency of the management of the land                          
resulting from the conveyance of the equitable interest in the                 
land.                                                                          
   * Sec. 3.  AS14.40 is amended by adding new sections to read:             
	Sec. 14.40.368.  MANAGEMENT AND DISPOSITION OF                               
INCOME FROM EXISTING ENCUMBRANCES.  For the land                               
selected by, and for which an equitable interest is conveyed to, the           
University of Alaska under AS14.40.365 that is subject to a lease,             
contract, claim, sale, permit, or right-of-way identified in                   
AS14.40.365(a)(4)                                                              
		(1)  the state is entitled to receive the income obtained                   
from the lease, contract, claim, sale, permit, or right-of-way for the         
duration of the term of the lease, contract, claim, sale, permit, or           
right-of-way, and during any renewal of it that is authorized by the           
lease, contract, claim, sale, permit, or right-of-way, or by law;              
		(2)  the responsibility for the management of the land by                   
the Department of Natural Resources for the benefit of the                     
University of Alaska commences upon conclusion of the term of                  
the lease, contract, claim, sale, permit, or right-of-way, and any             
renewal authorized by the lease, contract, claim, sale, permit, or             
right-of-way, by law.                                                          
	Sec. 14.40.369.  CUSTOMARY AND TRADITIONAL USES                              
TO BE CONTINUED.  When the state has conveyed the equitable                    
interest in the land selected by the University of Alaska under AS             
14.40.365 the land shall be managed in a manner that permits                   
customary and traditional uses of the resources of that land to the            
maximum extent practicable.                                                    
  * Sec. 4.  AS14.40.400(a) is amended to read:                              
	(a)  The Department of Revenue shall establish a separate                    
endowment trust fund in which all net income derived from the                  
sale or lease of the land granted under the Act of Congress                    
approved January21, 1929, and the land selected by, and to                   
which the equitable title is conveyed to, the University of                    
Alaska under AS14.40.365, and in which all monetary gifts,                   
bequests, or endowments made to the University of Alaska for the           
purpose of the fund, shall be held in trust.                                   
   * Sec. 5.  AS14.40.400(e) is amended to read:                             
	(e)  Subject to legislative appropriation, the [THE]                     
Department of Administration shall disburse the net income from                
the trust fund upon vouchers approved by the president and                     
                                                                               

1994-05-09                     House Journal                      Page 4271
SB 217                                                                       
treasurer of the University of Alaska specifying the purpose for              
which the money is to be used and showing it is to be used in                  
conformity with this section.                                                  
   * Sec. 6.  AS14.40.491 is amended to read:                                
	Sec. 14.40.491.  DEFINITION OF UNIVERSITY RECEIPTS.                          
In AS14.40.120 - 14.40.491, "university receipts" includes                     
		(1)  student fees, including tuition;                                       
		(2)  receipts from university auxiliary services;                           
		(3)  recovery of indirect costs of university activities;                   
		(4)  the net income of the trust fund established in                      
AS14.40.400 and receipts from sales and rentals of university                
property;                                                                      
		(5)  federal receipts;                                                      
		(6)  gifts, grants, and contracts; and                                      
		(7)  receipts from sales, rentals, and the provision of                     
services of educational activities.                                            
   * Sec. 7.  AS29.45.030(a) is amended to read:                             
	(a)   The following property is exempt from general taxation:                
		(1)  municipal property, including property held by a                       
public corporation of a municipality, or state property, except that           
		(A)  a private leasehold, contract, or other interest in                   
the property is taxable to the extent of the interest;                         
		(B)  notwithstanding any other provision of law,                           
property acquired by an agency, corporation, or other entity of                
the state through foreclosure or deed in lieu of foreclosure and               
retained as an investment of a state entity is taxable; this                   
subparagraph does not apply to federal land granted to the                     
University of Alaska under AS14.40.380 or 14.40.390, or to                     
other land granted to the university by the state to replace land              
that had been granted under AS14.40.380 or 14.40.390, or to                  
the equitable interest in the land conveyed by the state to                    
the University of Alaska under AS14.40.365;                                  
		(C)  an ownership interest of a municipality in real                       
property located outside the municipality acquired after                       
December 31, 1990, is taxable by another municipality;                         
however, a borough may not tax an interest in real property                    
located in the borough and owned by a city in that borough;                    
                                                                               
		(2)  household furniture and personal effects of members                    
of a household;                                                                
                                                                               

1994-05-09                     House Journal                      Page 4272
SB 217                                                                       
		(3)  property used exclusively for nonprofit religious,                     
charitable, cemetery, hospital, or educational purposes;                       
		(4)  property of a nonbusiness organization composed                        
entirely of persons with 90 days or more of active service in the              
armed forces of the United States whose conditions of service and              
separation were other than dishonorable, or the property of an                 
auxiliary of that organization;                                                
		(5)  money on deposit;                                                      
		(6)  the real property of certain residents of the state to the             
extent and subject to the conditions provided in (e) of this section;          
                                                                               
		(7)  real property or an interest in real property that is                  
exempt from taxation under 43 U.S.C. 1620(d), as amended;                      
		(8)  property of a political subdivision, agency,                           
corporation, or other entity of the United States to the extent                
required by federal law; except that a private leasehold, contract,            
or other interest in the property is taxable to the extent of that             
interest;                                                                      
		(9)  natural resources in place including coal, ore bodies,                 
mineral deposits, and other proven and unproven deposits of                    
valuable materials laid down by natural processes, unharvested                 
aquatic plants and animals, and timber.                                        
   * Sec. 8.  APPLICABILITY OF UNIVERSITY SELECTION                          
RIGHTS UNDER AS14.40.365 TO LAND.  In addition to the land                     
in which, under AS14.40.365(e), the commissioner of natural                    
resources may not convey an equitable interest to the University of            
Alaska, the commissioner of natural resources may not convey                   
equitable interest in land that, at the time of its selection by the           
university,                                                                    
		(1)  is subject to designation for conveyance or conveyance to               
the Alaska Mental Health Trust Authority under sec. 54, ch. 66, SLA            
1991;                                                                          
		(2)  is land that the commissioner of natural resources                      
reasonably believes should be designated for conveyance or conveyed            
to the Alaska Mental Health Trust Authority under sec. 55, ch. 66,             
SLA 1991, as compensation to that trust for original mental health trust       
land not available for return to the corpus of the trust; or                   
		(3)  is land described in sec. 56, ch. 66, SLA 1991, as listed               
in "Lands Hypothecated to the Mental Health Trust, May 1991"                   
located in the office of the director of the division of lands,                
                                                                               

1994-05-09                     House Journal                      Page 4273
SB 217                                                                       
Department of Natural Resources, in Anchorage, Alaska, that has been           
hypothecated to secure reconstitution of the mental health trust;              
however, as the reconstitution of the mental health trust is                   
accomplished and the hypothecated land is released on a pro rata basis,        
the University of Alaska may select the land and the commissioner              
may convey an equitable interest in it.                                        
   * Sec. 9.  LEGISLATIVE INTENT.  It is the intent of the                   
legislature that, if sec.8 of this Act has not taken effect on or before       
the effective date of secs.1 and 3 - 7 of this Act, the commissioner of        
natural resources reject, as inconsistent with the best interests of the       
state, selections of land by the University of Alaska under                    
AS14.40.365, added by sec. 1 of this Act, of land described in sec.8           
of this Act.                                                                   
   * Sec. 10.  Section 2 of this Act takes effect on the effective date of   
a version of House Bill 199 or Senate Bill 150 of the Eighteenth               
Alaska State Legislature authorizing oil and gas exploration licensing         
on state land that is passed by the Eighteenth Alaska State Legislature.       
   * Sec. 11.  Section 8 of this Act takes effect on the effective date of   
ch. 66, SLA 1991."                                                             
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 4 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 217(CRA) am H                                                         
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  7   NAYS:  33   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Brown, Carney, Finkelstein, Grussendorf, Hoffman, Navarre,              
Nicholia                                                                       
                                                                               

1994-05-09                     House Journal                      Page 4274
SB 217                                                                       
Nays:  Barnes, Brice, Bunde, Davidson, Davies, B.Davis, G.Davis,               
Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie,                    
MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell,             
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey,           
Williams, Willis                                                               
                                                                               
Navarre changed from "Nay" to "Yea".                                           
Nicholia changed from "Nay" to "Yea".                                          
Barnes changed from "Yea" to "Nay".                                            
                                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 217(CRA) am H be considered engrossed, advanced to third                  
reading and placed on final passage.                                           
                                                                               
Representative Navarre objected.                                               
                                                                               
The Speaker stated that HCS CSSB 217(CRA) am H will be in third                
reading on the next legislative day's calendar.                                
                                                                               
Representative Navarre objected.                                               
                                                                               
The Speaker ruled that HCS CSSB 217(CRA) am H will be in third                 
reading on the next legislative day's calendar.                                
                                                                               
                                                                               
Representative Navarre appealed the ruling of the Chair and withdrew           
the appeal.