Legislature(1999 - 2000)

1999-09-27 House Journal

Full Journal pdf

1999-09-27                     House Journal                      Page 1837
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                            TWENTY-FIRST LEGISLATURE                           
                                                                               
                             SECOND SPECIAL SESSION                            
                                                                               
Juneau, Alaska                       Monday         September 27, 1999         
                                                                               
                                  Sixth Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 8:51 a.m.                                                            
                                                                               
                                                                               
The following members were present for the technical session:                  
Representatives Porter, Bunde, Coghill, Green, Halcro and Smalley.             
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 202                                                                      
The Judiciary Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 202                                                
Proposing an amendment to the Constitution of the State of Alaska             
relating to use of indigenous subsistence resources by residents.              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 202(JUD)                                    
Proposing amendments to the Constitution of the State of Alaska               
relating to subsistence use of wild renewable resources by                     
residents.                                                                     
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
                                                                               

1999-09-27                     House Journal                      Page 1838
HJR 202                                                                      
Do pass (1):  Green                                                            
                                                                               
No recommendation (4):  James, Kott, Rokeberg, Murkowski                       
                                                                               
Amend (2):  Croft, Kerttula                                                    
                                                                               
The following fiscal notes apply to CSHJR 202(JUD):                            
                                                                               
Fiscal note, Office of the Governor, 9/27/99                                   
Fiscal note, Dept. of Fish & Game, 9/27/99                                     
                                                                               
HJR 202 was referred to the Finance Committee.                                 
                                                                               
The Speaker stated that, without objection, the House would recess to          
a call of the Chair; and so, the House recessed at 8:52 a.m.                   
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 7:14 p.m.                        
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Barnes, Croft,           
Kott and Ogan were absent and their presence was noted later.                  
                                                                               
The invocation was offered by the Chaplain Designee, Representative            
Hudson.  Representative Coghill moved and asked unanimous consent              
that the invocation be spread on the journal.  There being no objection,       
it appears below:                                                              
                                                                               
Heavenly Father, we humbly come before You, asking for                        
Your help and Your supreme wisdom as we continue to                            
deliberate the divisive issue of subsistence that is before us.                
                                                                               
Lord, it is You who created diversity.  You made every one                    
of Your children different and it is that difference that makes                
our life on Your earth worth living.                                           
                                                                               
Lord, You take pleasure in each and every Alaskan from Point                  
Barrow in the North to Ketchikan in the South.                                 

1999-09-27                     House Journal                      Page 1839
You desire the best for each one of Your children, and You                    
have entrusted those of us on this floor to make policy for                    
their common good.  Remind us Lord to use both our heart as                    
well as our mind in finding the necessary balance and                          
solutions.                                                                     
                                                                               
Lord, some of us are feeling the pain of disappointment, we                   
ask that You give us respect for one another, keep us ever                     
mindful of the welfare of the people we represent, and ever                    
mindful that You are the ultimate source of wisdom.                            
                                                                               
Help us to lean not on our own understanding, but to                          
acknowledge You in all our ways, and in doing so let us be                     
confident that You will direct our path.                                       
                                                                               
	In Christ's name, Amen.                                                       
                                                                               
The Pledge of Allegiance was led by Representative Joule.                      
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the fourth and fifth legislative days of the Second Special        
Session be approved as certified by the Chief Clerk.  There being no           
objection, it was so ordered.                                                  
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following audit reports were received:                                     
                                                                               
Division of Legislative Audit                                                  
Legislative Budget and Audit Committee                                         
(as required by AS 24.20.311)                                                  
                                                                               
  State of Alaska, Single Audit                                                
  For the Fiscal Year ended June 30, 1998                                      
                                                                               
  Dept. of Administration                                                      
  Office of Public Advocacy                                                    
  Public Guardian Program                                                      
  July 15, 1999                                                                

1999-09-27                     House Journal                      Page 1840
  Depts. of Administration, and                                                
  Commerce and Economic Development                                            
  Selected State Compensation Issues Including                                 
  Alaska Seafood Marketing Institute and Alaska                                
  Industrial Development and Export Authority                                  
  April 15, 1999                                                               
                                                                               
  Dept. of Corrections                                                         
  Internal Controls Related to Cash                                            
  and Negotiable Instruments for the                                           
  Offender Financial Accounting System                                         
  May 18, 1999                                                                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 202                                                                      
The Finance Committee has considered:                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 202                                                
Proposing an amendment to the Constitution of the State of Alaska             
relating to use of indigenous subsistence resources by residents.              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 202(FIN)                                    
Proposing amendments to the Constitution of the State of Alaska               
relating to use of renewable resources for subsistence by residents.           
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Mulder, Austerman, Moses, Williams, Foster, Davies,              
Grussendorf                                                                    
                                                                               
Do not pass (2):  Therriault, Kohring                                          
                                                                               
No recommendation (2):  Bunde, Davis                                           
                                                                               
The following fiscal notes apply to CSHJR 202(FIN):                            
                                                                               

1999-09-27                     House Journal                      Page 1841
HJR 202                                                                      
Fiscal note, Office of the Governor, 9/27/99                                   
Fiscal note, Dept. of Fish & Game, 9/27/99                                     
                                                                               
HJR 202 is on today's calendar.                                                
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
In Memoriam - Leo Walsh                                                        
By Senator Leman                                                               
                                                                               
In Memoriam - Paul Baer                                                        
By Senators Leman, Wilken                                                      
                                                                               
**The presence of Representative Croft was noted.                              
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon recess, 9/27         
Minority Caucus                                      upon recess, 9/27         
Republican Conservative                                                        
  Caucus                            Room 205         upon recess, 9/27         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess;            
and so, the House recessed at 7:20 p.m.                                        
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 8:29 p.m.                        
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess;            
and so, the House recessed at 8:30 p.m.                                        
                                                                               
                                                                               

1999-09-27                     House Journal                      Page 1842
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 10:37 p.m.                       
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 202                                                                      
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 202                                                
Proposing an amendment to the Constitution of the State of Alaska             
relating to use of indigenous subsistence resources by residents.              
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NT 1DP 4NR 2AM                                  1838         
	2 FISCAL NOTES (F&G, GOV)                                        1838         
	FIN RPT  CS(FIN) NT 7DP 2DNP 2NR                                 1840         
	2 FISCAL NOTES (F&G, GOV) 9/27/99                                1840         
                                                                               
Representative Green moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 202(FIN)                                    
Proposing amendments to the Constitution of the State of Alaska               
relating to use of renewable resources for subsistence by residents.           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representatives Mulder and Kott:                
                                                                               
Page 1, line 9, through page 2, line 1:                                        
	Delete all material and insert:                                               
	"(b) The legislature may, consistent with the sustained yield              
principle, provide a preference to and among residents to take                 
a wild renewable resource for subsistence uses on the basis of               

1999-09-27                     House Journal                      Page 1843
HJR 202                                                                      
customary and traditional use, direct dependence, the                       
availability of alternative resources, the place of residence, or              
proximity to the resource.  When the harvestable surplus of                    
the resource is not sufficient to provide for all beneficial uses,             
other beneficial uses shall be limited to protect subsistence                  
uses."                                                                       
                                                                               
**The presence of Representative Ogan was noted.                               
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Ogan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHJR 202(FIN)                                                                 
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  33   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery,            
Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott,               
Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg,                  
Smalley, Whitaker, Williams                                                    
                                                                               
Nays:  Coghill, Dyson, Kohring, Masek, Ogan, Sanders, Therriault               
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Ogan:                            
                                                                               
Page 1, line 1, through the end (title amendment):                             
	Delete all material and insert:                                               
"Proposing amendments to the Constitution of the State of Alaska              
relating to subsistence use of renewable resources by residents.              
                                                                               

1999-09-27                     House Journal                      Page 1844
HJR 202                                                                      
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE                                
OF ALASKA:                                                                    
   * Section 1.  Article I, sec. 1, Constitution of the State of Alaska,     
is amended to read:                                                            
	Section 1.  Inherent Rights.  (a)  This constitution is                
dedicated to the principles that all persons have a natural right to           
life, liberty, the pursuit of happiness, and the enjoyment of the              
rewards of their own industry; that all persons are equal and                  
entitled to equal rights, opportunities, and protection under the              
law; and that all persons have corresponding obligations to the                
people and to the State.                                                       
	(b)  This section does not restrict the power of the                       
legislature to provide a preference to and among residents to                  
take a renewable resource for subsistence under Subsection (b)                 
of Section 4 of Article VIII.                                                
   * Sec. 2.  Article I, sec. 7, Constitution of the State of Alaska, is     
amended to read:                                                               
	Section 7.  Due Process.  (a)  No person shall be deprived of          
life, liberty, or property, without due process of law. The right of           
all persons to fair and just treatment in the course of legislative            
and executive investigations shall not be infringed.                           
	(b)  This section does not restrict the power of the                       
legislature to provide a preference to and among residents to                  
take a renewable resource for subsistence under Subsection (b)                 
of Section 4 of Article VIII.                                                
   * Sec. 3.  Article VIII, sec. 3, Constitution of the State of Alaska,     
is amended to read:                                                            
	Section 3.  Common Use.  (a)  Wherever occurring in their              
natural state, fish, wildlife, and waters are reserved to the people           
for common use.                                                                
	(b)  This section does not restrict the power of the                       
legislature to provide a preference to and among residents to                  
take a renewable resource for subsistence under Subsection (b)                 
of Section 4 of this article.                                                
   * Sec. 4.  Article VIII, sec. 4, Constitution of the State of Alaska,     
is amended to read:                                                            
	Section 4.  Sustained Yield.  (a)  Fish, forests, wildlife,            
grasslands, and all other replenishable resources belonging to the             
State shall be utilized, developed, and maintained on the sustained            
yield principle, subject to preferences among beneficial uses.                 
                                                                               

1999-09-27                     House Journal                      Page 1845
HJR 202                                                                      
	(b) The legislature may, consistent with the sustained yield               
principle, provide a preference to and among residents to take                 
a wild renewable resource for subsistence uses on the basis of                 
customary and traditional use, direct dependence, the                          
availability of alternative resources, the place of residence, or              
proximity to the resource.  When the harvestable surplus of                    
the resource is not sufficient to provide for all beneficial uses,             
other beneficial uses shall be limited to protect subsistence                  
uses.                                                                        
   * Sec. 5.  Article VIII, sec. 15, Constitution of the State of Alaska,    
is amended to read:                                                            
	Section 15.  No Exclusive Right of Fishery.  (a)  No                   
exclusive right or special privilege of fishery shall be created or            
authorized in the natural waters of the State.                                 
	(b)  This section does not restrict the power of the State to            
limit entry into any fishery for purposes of resource conservation,            
to prevent economic distress among fishermen and those                         
dependent upon them for a livelihood and to promote the efficient              
development of aquaculture in the State.                                       
	(c)  This section does not restrict the power of the                       
legislature to provide a preference to and among residents to                  
take a renewable resource for subsistence under Subsection (b)                 
of Section 4 of this article.                                                
   * Sec. 6.  Article VIII, sec. 17, Constitution of the State of Alaska,    
is amended to read:                                                            
	Section 17.  Uniform Application.  (a)  Laws and regulations           
governing the use or disposal of natural resources shall apply                 
equally to all persons similarly situated with reference to the                
subject matter and purpose to be served by the law or regulation.              
	(b)  This section does not restrict the power of the                       
legislature to provide a preference to and among residents to                  
take a renewable resource for subsistence under Subsection (b)                 
of Section 4 of this article.                                                
   * Sec. 7.  The amendments proposed by this resolution shall be            
placed before the voters of the state at the next general election in          
conformity with art. XIII, sec. 1, Constitution of the State of Alaska,        
and the election laws of the state."                                           
                                                                               
Representative Ogan moved and asked unanimous consent that                     
Amendment No. 2 be adopted.                                                    
                                                                               

1999-09-27                     House Journal                      Page 1846
HJR 202                                                                      
Representative Phillips objected.                                              
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott,           
Masek, Ogan, Rokeberg, Sanders, Whitaker                                       
                                                                               
Nays:  Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis,              
Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner,            
Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski,                  
Phillips, Porter, Smalley, Therriault, Williams                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Therriault:                      
                                                                               
Page 1, Line 9, through page 2, line 1:                                        
	Delete all material and insert:                                               
	"(b) The legislature may, consistent with the sustained yield              
principle and sound resource management practices, provide                     
a preference to and among residents for a reasonable                           
opportunity to take a fish stock or wildlife population for                    
nonwasteful, noncommercial subsistence uses during a time                      
when an unusually low fish stock or wildlife population level                  
occurs in an area in which the residents of the area are                       
characteristically dependent upon the fish stock or wildlife                   
population for subsistence.  The preference must be based                      
upon a resident's traditional use, direct dependence,                          
availability of alternative resources, place of residence, and                 
proximity to the resource."                                                  
                                                                               
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 3 be adopted.                                                    

1999-09-27                     House Journal                      Page 1847
HJR 202                                                                      
Representative Croft objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  9   NAYS:  30   EXCUSED:  0   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Barnes, Bunde, Cowdery, Dyson, James, Kott, Masek,                      
Therriault, Whitaker                                                           
                                                                               
Nays:  Austerman, Berkowitz, Brice, Cissna, Coghill, Croft, Davies,            
Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule,              
Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Moses,                   
Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Williams          
                                                                               
Absent:  Rokeberg                                                              
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Dyson:                           
                                                                               
                                                                               
Page 1, line 15, following "basis of":                                     
	Insert ";"                                                                
                                                                               
Page 2, line 1, following "residence,":                                    
	Delete "or"                                                               
	Insert "and"                                                              
                                                                               
Representative Dyson moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           

1999-09-27                     House Journal                      Page 1848
HJR 202                                                                      
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott,           
Masek, Ogan, Sanders, Therriault, Whitaker                                     
                                                                               
Nays:  Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis,              
Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner,            
Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski,                  
Phillips, Porter, Smalley, Williams                                            
                                                                               
Absent:  Rokeberg                                                              
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Kerttula:                        
                                                                               
Page 1, lines 1-2: (title amendment):                                          
	Delete all material and insert:                                               
"Proposing amendments to the Constitution of the State of Alaska              
relating to allowing a preference for the subsistence use of wild              
renewable resources by residents based on place of residence and               
other factors."                                                               
                                                                               
Page 2, following line 7:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 3. PURPOSE. The purpose of the amendments proposed by             
this resolution is to provide for a preference for subsistence uses of         
fish, wildlife, and other renewable natural resources; to ensure state         
management of fish and wildlife throughout the state; to address the           
constitutional infirmities identified by the Alaska Supreme Court in           
McDowell v. State of Alaska, 785 P.2d 1 (Alaska 1989) and State v.             
Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995); and to bring the            
state into compliance with Title VIII, Alaska National Interest Lands          
Conservation Act (P.L. 96-487)."                                               
                                                                               
Renumber the remaining bill section accordingly.                               

1999-09-27                     House Journal                      Page 1849
HJR 202                                                                      
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 5 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Kerttula moved and asked unanimous consent that the             
question be divided.                                                           
                                                                               
                                                                               
The Speaker ruled that the question was divisible.                             
                                                                               
There being no objection, Amendment No. 5 was divided.                         
                                                                               
                                                                               
Part A of Amendment No. 5:                                                     
                                                                               
Page 1, lines 1-2: (title amendment):                                          
	Delete all material and insert:                                               
"Proposing amendments to the Constitution of the State of Alaska              
relating to allowing a preference for the subsistence use of wild              
renewable resources by residents based on place of residence and               
other factors."                                                               
                                                                               
                                                                               
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 5 - Part A, be adopted.                                          
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 5 - Part A, be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Amendment No. 5 - Part A                                                       
                                                                               
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Foster,             
Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh,               
Morgan, Moses, Smalley, Williams                                               
                                                                               

1999-09-27                     House Journal                      Page 1850
HJR 202                                                                      
Nays:  Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Green, Halcro,           
Harris, James, Kohring, Kott, Masek, Mulder, Murkowski, Ogan,                  
Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker                      
                                                                               
And so, Amendment No. 5 - Part A, was not adopted.                             
                                                                               
                                                                               
Part B of Amendment No. 5:                                                     
                                                                               
Page 2, following line 7:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 3. PURPOSE. The purpose of the amendments proposed by             
this resolution is to provide for a preference for subsistence uses of         
fish, wildlife, and other renewable natural resources; to ensure state         
management of fish and wildlife throughout the state; to address the           
constitutional infirmities identified by the Alaska Supreme Court in           
McDowell v. State of Alaska, 785 P.2d 1 (Alaska 1989) and State v.             
Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995); and to bring the            
state into compliance with Title VIII, Alaska National Interest Lands          
Conservation Act (P.L. 96-487)."                                               
                                                                               
Renumber the remaining bill section accordingly.                               
                                                                               
                                                                               
Representative Kerttula moved and asked unanimous consent that                 
Amendment No. 5 - Part B, be adopted.                                          
                                                                               
Representative Therriault objected.                                            
                                                                               
                                                                               
Amendment No. 1 to Amendment No. 5 - Part B, was offered by                    
Representative Croft:                                                          
                                                                               
Under * Sec. 3. PURPOSE.:                                                    
	Delete "infirmities"                                                          
	Insert "issues"                                                               
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 1 to Amendment No. 5 - Part B, be adopted.  There                
being no objection, it was so ordered.                                         
                                                                               

1999-09-27                     House Journal                      Page 1851
HJR 202                                                                      
Amendment No. 2 to Amendment No. 5 - Part B, as amended was                    
offered by Representative Ogan:                                                
                                                                               
Under * Sec. 3. PURPOSE.:                                                    
	Delete "ensure state"                                                         
	Insert "enshrine federal"                                                     
                                                                               
Representative Ogan moved and asked unanimous consent that                     
Amendment No. 2 to Amendment No. 5 - Part B, as amended be                     
adopted.                                                                       
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 2 to Amendment No. 5 -               
Part B, as amended be adopted?"  The roll was taken with the                   
following result:                                                              
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Am. 2 to Amendment No. 5 - Part B, as amended                                  
                                                                               
YEAS:  9   NAYS:  31   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Coghill, Cowdery, James, Kohring, Masek, Ogan,                  
Sanders, Therriault                                                            
                                                                               
Nays:  Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies,              
Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson,              
Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses,               
Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker,              
Williams                                                                       
                                                                               
And so, Amendment No. 2 to Amendment No. 5 - Part B, as amended                
was not adopted.                                                               
                                                                               
                                                                               
Amendment No. 3 to Amendment No. 5 - Part B, as amended was                    
offered by Representative Coghill:                                             
                                                                               
Under * Sec. 3. PURPOSE.:                                                    
	Delete "bring"                                                                
	Insert "force"                                                                

1999-09-27                     House Journal                      Page 1852
HJR 202                                                                      
Representative Coghill moved and asked unanimous consent that                  
Amendment No. 3 to Amendment No. 5 - Part B, as amended be                     
adopted.                                                                       
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 3 to Amendment No. 5 -               
Part B, as amended be adopted?"  The roll was taken with the                   
following result:                                                              
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Am. 3 to Amendment No. 5 - Part B, as amended                                  
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott,           
Masek, Mulder, Ogan, Rokeberg, Sanders, Therriault, Whitaker                   
                                                                               
Nays:  Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis,              
Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner,            
Kemplen, Kerttula, Kookesh, Morgan, Moses, Murkowski, Phillips,                
Porter, Smalley, Williams                                                      
                                                                               
And so, Amendment No. 3 to Amendment No. 5 - Part B, as amended                
was not adopted.                                                               
                                                                               
                                                                               
Amendment No. 4 to Amendment No. 5 - Part B, as amended was                    
offered by Representative Croft:                                               
                                                                               
Under * Sec. 3. PURPOSE.:                                                    
	Delete "provide"                                                              
	Insert "allow"                                                                
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 4 to Amendment No. 5 - Part B, as amended be                     
adopted.                                                                       
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               

1999-09-27                     House Journal                      Page 1853
HJR 202                                                                      
The question being:  "Shall Amendment No. 4 to Amendment No. 5 -               
Part B, as amended be adopted?"  The roll was taken with the                   
following result:                                                              
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Am. 4 to Amendment No. 5 - Part B, as amended                                  
                                                                               
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery,            
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh,             
Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg,            
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Nays:  Coghill, Kohring, Masek, Ogan, Sanders                                  
                                                                               
And so, Amendment No. 4 to Amendment No. 5 - Part B, as amended                
was adopted.                                                                   
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 - Part B, as amended               
be adopted?"  The roll was taken with the following result:                    
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Amendment No. 5 - Part B, as amended                                           
                                                                               
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis,              
Foster, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen,          
Kerttula, Kookesh, Morgan, Moses, Murkowski, Phillips, Smalley,                
Whitaker, Williams                                                             
                                                                               
Nays:  Barnes, Bunde, Coghill, Cowdery, Dyson, Green, James,                   
Kohring, Kott, Masek, Mulder, Ogan, Porter, Rokeberg, Sanders,                 
Therriault                                                                     
                                                                               
Kohring changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 5 - Part B, as amended was adopted.                      

1999-09-27                     House Journal                      Page 1854
HJR 202                                                                      
Representative Green moved and asked unanimous consent that CSHJR
202(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.                                                       
                                                                               
Representative Ogan objected.                                                  
                                                                               
The question being:  "Shall CSHJR 202(FIN) am be advanced to third             
reading on the same day?"  The roll was taken with the following               
result:                                                                        
                                                                               
CSHJR 202(FIN) am                                                              
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  36   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery,            
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh,             
Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter,               
Rokeberg, Smalley, Therriault, Whitaker, Williams                              
                                                                               
Nays:  Coghill, Kohring, Ogan, Sanders                                         
                                                                               
And so, the motion passed.                                                     
                                                                               
                                                                               
CSHJR 202(FIN) am was read the third time.                                     
                                                                               
                                                                               
Representative Ogan placed a call of the House.                                
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall CSHJR 202(FIN) am pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
CSHJR 202(FIN) am                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  28   NAYS:  12   EXCUSED:  0   ABSENT:  0                             

1999-09-27                     House Journal                      Page 1855
HJR 202                                                                      
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies,              
Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule,              
Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder,                    
Murkowski, Phillips, Porter, Rokeberg, Smalley, Williams                       
                                                                               
Nays:  Barnes, Coghill, Cowdery, Dyson, James, Kohring, Kott,                  
Masek, Ogan, Sanders, Therriault, Whitaker                                     
                                                                               
And so, CSHJR 202(FIN) am passed the House and was referred to the             
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Tribute to the Hunter                                                          
By Representatives Joule, Porter, Austerman, Barnes, Berkowitz, Brice,         
Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green,            
Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen,                  
Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski,                   
Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Adams                  
                                                                               
Honoring - Headquarters, U.S. Army Garrison, Alaska                            
By Representatives Cowdery, Mulder, Porter, Austerman, Barnes,                 
Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson,         
Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule,              
Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan,             
Moses, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley,                  
Therriault, Whitaker, Williams; Senator Tim Kelly                              
                                                                               
Honoring - Heinrich "Henry" Springer                                           
By Representatives Cowdery, Porter, Austerman, Barnes, Berkowitz,              
Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster,            
Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner,             
Kemplen, Kerttula, Kohring, Kookesh, Kott, Mulder, Murkowski,                  
Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Tim              
Kelly                                                                          
                                                                               

1999-09-27                     House Journal                      Page 1856
Commending - Air Force Rescue 470 Crew, Kulis Air National Guard               
By Senator Leman; Representatives Rokeberg, Kohring, Porter,                   
Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft,            
Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson,              
James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan,               
Mulder, Murkowski, Ogan, Phillips, Sanders, Smalley, Williams                  
                                                                               
Honoring - Brig. Gen. Steve Korenek                                            
By Senator Leman; Representatives Foster, Porter, Austerman,                   
Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green,         
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan,             
Phillips, Rokeberg, Sanders, Smalley, Williams                                 
                                                                               
                                                                               
In Memoriam - Harold M. ("Hi") Lee                                             
By Representatives Grussendorf, Porter, Austerman, Berkowitz, Brice,           
Cissna, Croft, Davies, Davis, Dyson, Foster, Halcro, Harris, Hudson,           
James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan,               
Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams              
                                                                               
In Memoriam - Marion Alice Blossom                                             
By Representatives Phillips, Porter, Austerman, Berkowitz, Brice,              
Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro,              
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh,             
Kott, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley,                   
Williams; Senator Leman                                                        
                                                                               
In Memoriam - Frank Steen                                                      
By Representatives Harris, Porter, Austerman, Berkowitz, Brice,                
Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro,              
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott,               
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley,               
Williams; Senator Lincoln                                                      
                                                                               
In Memoriam - David "Mike" Phillips                                            
By Representatives Harris, Porter, Austerman, Berkowitz, Brice,                
Cissna, Croft, Davies, Davis,  Dyson, Foster, Grussendorf, Halcro,             
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott,               
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley,               
Williams                                                                       
                                                                               

1999-09-27                     House Journal                      Page 1857
In Memoriam - Doyne Laval Houghton                                             
By Representatives Harris, Porter, Austerman, Berkowitz, Brice,                
Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro,              
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott,               
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley,               
Williams; Senator Lincoln                                                      
                                                                               
In Memoriam - Garry E. Buell, Sr.                                              
By Representatives Kohring, Masek, Ogan, Porter, Austerman,                    
Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster,                 
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips,                  
Rokeberg, Sanders, Smalley, Williams; Senators Green, Halford                  
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 202                                                                      
CSHJR 202(FIN) am was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn to a call of the Speaker.  There being no objection, the         
House adjourned at 1:12 a.m., September 28, 1999.                              
                                                                               
											Suzi Lowell                                                         
											Chief Clerk