Legislature(1995 - 1996)
1995-04-19 House Journal
Full Journal pdf1995-04-19 House Journal Page 1363 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 19, 1995 Ninety-fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 35 members present. Representatives B.Davis, Navarre and Parnell had been previously excused from a call of the House today. Representatives Finkelstein and Ivan were absent. The invocation was offered by the Chaplain, Pastor Jon Paden of the Church of Christ. Representative Kubina moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dearest God, thank You for today. Thank You for truth. Thank You for the trust extended to us by Alaskans. We remain humbled by this honor. May these, our discussions and decisions, reflect deepest respect for the pledge to serve all the people of our state. May our service ever be such that Alaska's children may see their path well lit by this work, that the elders and grandmothers may rest, assured that their earlier work in our behalf was not in vain. We pray also for the people and families caught in the morning's tragedy in Oklahoma City. May they find comfort and refuge in Your justice and mercy. I come to You in the name of truth, Christ Jesus. Amen." 1 1995-04-19 House Journal Page 1364 The Speaker asked the House to stand in a moment of silent prayer for those affected by the disaster in Oklahoma City. The Pledge of Allegiance was led by Representative Therriault. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 93rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 18, 1995, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 19 CS FOR SENATE JOINT RESOLUTION NO. 19(RES) by the Senate Resources Committee: Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited. was read the first time and referred to the Judiciary Committee. **The presence of Representative Ivan was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 6 SENATE BILL NO. 6 am by Senators Taylor and Sharp, entitled: 1995-04-19 House Journal Page 1365 SB 6 "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses." was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. REPORTS OF STANDING COMMITTEES HB 176 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 176 "An Act relating to errors in surveys of land." and recommends it be replaced with: CS FOR HOUSE BILL NO. 176(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: No recommendation (6): Elton, Austerman, Vezey, Kott, Nicholia, Ivan The following fiscal note applies to CSHB 176(CRA): Zero fiscal note, Dept. of Natural Resources, 4/19/95 HB 176 was referred to the Judiciary Committee. HB 272 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 272 "An Act relating to municipal taxation of motor vehicles; and providing for an effective date." 1995-04-19 House Journal Page 1366 HB 272 and recommends it be replaced with: CS FOR HOUSE BILL NO. 272(CRA) (same title) The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (2): Austerman, Ivan Do not pass (2): Vezey, Kott No recommendation (2): Elton, Nicholia The following fiscal notes apply to CSHB 272(CRA): Fiscal note, Dept. of Public Safety, 4/19/95 Zero fiscal note, Dept. of Community & Regional Affairs, 4/19/95 HB 272 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Tom Hinnenkamp, Eagle Scout By Representative Austerman; Senator Zharoff INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 312 HOUSE BILL NO. 312 by Representatives Phillips and Toohey, entitled: "An Act relating to subsistence use of fish and game." 1995-04-19 House Journal Page 1367 HB 312 was read the first time and referred to the Resources Committee. The House stood at ease for a Minority caucus. **The presence of Representative Finkelstein was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 207 The following was read the second time: HOUSE BILL NO. 207 "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; relating to the depositing of royalties and royalty sale proceeds in the Alaska permanent fund; and providing for an effective date." with the: Journal Page O&G RPT CS(O&G) NEW TITLE 4DP 1NR 2AM 848 O&G LETTER OF INTENT 849 INDETERMINATE FISCAL NOTE (REV) 849 FISCAL NOTE (DNR) 3/8/95 850 ZERO FISCAL NOTE (REV) 2/27/95 850 RES RPT CS(RES) NEW TITLE 4DP 2NR 1AM 994 ZERO FISCAL NOTE (REV) 2/27/95 994 FIN RPT CS(FIN) NEW TITLE 7DP 1AM 1343 FISCAL NOTE (DNR) 3/8/95 1344 INDETERMINATE FISCAL NOTE (REV) 3/22/95 1344 ZERO FISCAL NOTE (REV) 2/27/95 1344 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1995-04-19 House Journal Page 1368 HB 207 CS FOR HOUSE BILL NO. 207(FIN) "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 4, line 1, insert a new paragraph to read: "(8) shall offer to appear before the Legislative Budget and Audit Committe on a day that is not earlier than 10 days and not later than 20 days after giving public notice under (7) of this subsection, to provide the committee a review of the commissioner's preliminary findings and determination on the royalty reduction application and administrative process; if the Legislative Budget and Audit Committee accepts the commissioner's offer, the committee shall give notice to all members of the legislature of the committee's meeting. Renumber the following paragraphs accordingly. Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brice objected. Representative Barnes rose to a point of order and cited Section 101(5) of Mason's Manual. The Speaker indicated the point was well taken. Representative Brown placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-04-19 House Journal Page 1369 HB207 CSHB 207(FIN) Second Reading Amendment No. 1 YEAS: 20 NAYS: 17 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Brown, Bunde, Davies, Finkelstein, Green, Grussendorf, Hanley, Kohring, Kott, Kubina, Masek, Ogan, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Willis Nays: Barnes, Brice, G.Davis, Elton, Foster, Ivan, James, Kelly, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Sanders, Therriault, Williams Excused: B.Davis, Navarre, Parnell And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Brown and Therriault: Page 4, following line 21, insert a new paragraph to read: "(C) transmit a copy of the final findings and determination to the lessee; Page 4, line 23, after "decision": Insert "and" Page 4, line 24: Delete "(10) shall" Page 4, lines 25 and 26: Delete all material. Reletter the following subparagraphs accordingly. 1995-04-19 House Journal Page 1370 HB 207 Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representatives Brown and Therriault: Page 1, line 10, following "REGULATIONS TO": Insert "ALLOW REDUCTION" Delete "allow reduction" Following "TO]", insert "provide for modification" Page 2, line 17: Delete "reduction of" Insert "[REDUCTION OF]" Page 2, line 17, after "royalty": Insert "modification" Page 2, line 18, following "requesting the": Insert "change" Delete "reduction" Insert "[REDUCTION]" Page 2, line 19: Delete "reduction" Insert "modification" 1995-04-19 House Journal Page 1371 HB 207 Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Davies: Page 3, line 17, after "(B)": Insert "except as provided in (11) of this subsection," Page 4, following line 29: Insert a new paragraph to read: "(11) shall, notwithstanding AS 38.05.035(a)(9) and (5)(B) of this subsection, make available to a legislative committee, on request of the person who chairs the committee, all information and data obtained by the commissioner and considered by the commissioner in making the final findings and determination; a legislative committee to which the legislators, whether or not members of the committee, to whom the information and data are provided under this paragraph shall maintain the confidentiality of information obtained by the commissioner that is otherwise made confidential by law;" Renumber the following paragraph accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative James objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 4 YEAS: 6 NAYS: 29 EXCUSED: 3 ABSENT: 2 1995-04-19 House Journal Page 1372 HB 207 Yeas: Brown, Davies, Finkelstein, Grussendorf, Nicholia, Robinson Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Excused: B.Davis, Navarre, Parnell Absent: Sanders, Williams And so, Amendment No. 4 was not adopted. The House stood at ease at 12:14 p.m. AFTER AT EASE The Speaker called the House back to order at 12:53 p.m. A second quorum call showed 26 members present. SECOND READING OF HOUSE BILLS (continued) HB 207 Amendment No. 5 was offered by Representative Davies: Page 4, line 23, after "decision": Insert "; however, the commissioner may not implement the determination made under (B) of this paragraph unless the legislature first convenes in regular or special session and, within the first 60 days of a regular session, or within the entirety of a full session if of shorter duration, does not adopt a joint resolution, concurred in by a majority of the members in each house, that disapproves the determination" Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. 1995-04-19 House Journal Page 1373 HB 207 Representative Brice objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 5 YEAS: 5 NAYS: 31 EXCUSED: 3 ABSENT: 1 Yeas: Brown, Davies, Finkelstein, Grussendorf, Nicholia Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: B.Davis, Navarre, Parnell Absent: Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative MacLean: Page 4, line 18, following "determination;": Delete through line 21, after "court" Representative MacLean moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1995-04-19 House Journal Page 1374 HB 207 CSHB 207(FIN) am Second Reading Amendment No. 6 YEAS: 9 NAYS: 26 EXCUSED: 3 ABSENT: 2 Yeas: Brown, Davies, Finkelstein, Grussendorf, Kubina, MacLean, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: B.Davis, Navarre, Parnell Absent: Brice, Williams And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Finkelstein: Page 3, lines 19 - 26: Delete all material and insert: "(6) may require the lessee or lessees making application for the royalty reduction to pay for the services of a contractor, selected by the commissioner from a list of qualified consultants in hydrocarbon production and economics prepared by the commissioner, to assist the commissioner in evaluating the application and financial and technical data;" Representative Finkelstein moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Green objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1995-04-19 House Journal Page 1375 HB 207 CSHB 207(FIN) am Second Reading Amendment No. 7 YEAS: 10 NAYS: 27 EXCUSED: 3 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Moses, Nicholia, Robinson Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Brown: Page 4, lines 18 - 21: Delete "the commissioner's final findings and determination prepared under this subparagraph regarding royalty reduction is final and not appealable to the court;" Insert "the commissioner's final findings and determination prepared under this subparagraph (i) is, as to the applicant, final and not appealable to the superior court; (ii) may be appealed to the superior court by a person other than the applicant, but the appeal is limited to a determination that the commissioner's final findings and determination is constitutional and was not arbitrary, capricious, or confiscatory;" Representative Brown moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Rokeberg objected. 1995-04-19 House Journal Page 1376 HB 207 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 8 YEAS: 10 NAYS: 27 EXCUSED: 3 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Navarre, Parnell And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Brown: Page 3, line 16: Delete "and" Page 3, line 18, after "request;": Insert "and (C) shall, with the applicant's consent, prepare and make public a summary of the economic, financial, and technical data on which a royalty modification is based;" Representative Brown moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Green objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: 1995-04-19 House Journal Page 1377 HB 207 CSHB 207(FIN) am Second Reading Amendment No. 9 YEAS: 6 NAYS: 28 EXCUSED: 3 ABSENT: 3 Yeas: Brown, Davies, Elton, Finkelstein, Nicholia, Robinson Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Grussendorf, Masek, Sanders And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Brown: Page 3, line 8: Delete "90" Insert "75" Representative Brown moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 10 YEAS: 6 NAYS: 27 EXCUSED: 3 ABSENT: 4 1995-04-19 House Journal Page 1378 HB 207 Yeas: Brice, Brown, Davies, Finkelstein, Nicholia, Willis Nays: Austerman, Bunde, G.Davis, Elton, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Navarre, Parnell Absent: Barnes, Foster, Grussendorf, Sanders And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Brown: Page 1, line 10, after "may": Insert "with the consent of the Governor" Representative Brown moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Rokeberg objected. Representative Bunde placed a call of the House. The call was satisfied. Amendment to Amendment No. 11 was offered by Representative Brown: After "with the": Insert "written" Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 11 be adopted. There being no objection, it was so ordered. 1995-04-19 House Journal Page 1379 HB 207 The question being: "Shall Amendment No. 11 as amended, be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 11 as amended YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Green, Grussendorf, Kubina, Mackie, MacLean, Martin, Moses, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Navarre, Parnell Williams changed from "Yea" to "Nay". And so, Amendment No. 11 as amended, was not adopted. Amendment No. 12 was offered by Representative Kubina: Page 1, line 6, through page 4, line 31: Delete all material and insert: "(j) The commissioner (1) through June30, 1999, (A) may allow reduction of royalty on individual leases, leases unitized as described in (p) of this section, leases subject to an agreement described in (s) or (t) of this section, or interests unitized under AS31.05 (i) to allow for production from an oil or gas field, pool, or portion of a field or pool if the oil or gas field, pool, or portion of the field or pool has been sufficiently delineated to the satisfaction of the commissioner, the field, pool, or portion of the field or pool has not previously produced oil or gas for sale, and oil or gas production from the field, pool, or portion of the field or pool would not otherwise be economically feasible; 1995-04-19 House Journal Page 1380 HB 207 (ii) to prolong the economic life of an oil or gas field, pool, or portion of a field or pool as per barrel or barrel equivalent costs increase or as the price of oil or gas decreases, and the increase or decrease is sufficient to make future production no longer economically feasible; or (iii) to reestablish production of shut-in oil or gas that would not otherwise be economically feasible; (B) may not grant a reduction of royalty unless the lessee or lessees requesting the reduction make a clear and convincing showing that a reduction of royalty meets the requirements of this subsection and is in the best interests of the state; (C) shall condition any royalty modification granted under this subsection in any way necessary to protect the state's best interests; the commissioner shall provide for an increase or decrease or other modification of the state's royalty share by a sliding scale royalty or other mechanism that shall be based on a change in the price of oil or gas and may also be based on other relevant factors such as a change in production rate, projected ultimate recovery, development costs, and operating costs; (D) may not grant a royalty reduction for a field, pool, or portion of a field or pool (i) under (1)(A)(i) of this subsection that exceeds 75 percent of the royalty originally specified in a lease entered into under the provisions of (f) of this section or AS38.05.134; (ii) under (1)(A)(ii) or (1)(A)(iii) of this subsection that exceeds 90 percent of the royalty originally specified in a lease entered into under the provisions of (f) of this section or AS38.05.134; (E) shall require the lessee or lessees to submit, with the application for the royalty reduction, financial and technical data that demonstrates that the requirements of this subsection are met; the commissioner (i) may require disclosure of only the financial and technical data relating to production that is reasonably available to the applicant; and (ii) shall keep the data confidential under AS38.05.035(a)(9) upon the lessee's request; 1995-04-19 House Journal Page 1381 HB 207 (F) may require the lessee or lessees making application for the royalty reduction to retain and pay for the services of a contractor, selected by the lessee or lessees from a list of qualified consultants in hydrocarbon production and economics provided by the commissioner, to assist the commissioner in evaluating the application and financial and technical data; when the commissioner requires the lessee or lessees to retain the services of a contractor, the commissioner shall determine the relevant scope of the work to be performed by the contractor; (G) shall make and publish a preliminary findings and determination on the royalty reduction application, give reasonable public notice of the preliminary findings and determination, and invite public comment to the preliminary findings and determination during a 30-day period for receipt of public comment; (H) shall make copies of the preliminary findings and determination available to the presiding officer of each house of the legislature, to the chairs of the legislature's standing committees on resources, and to the chairs of the legislature's special committees on oil and gas, if any; (I) shall, within 30 days after the close of the public comment period under (G) of this paragraph, (i) prepare a summary of the public response to the commissioner's preliminary findings and determination; (ii) make a final findings and determination; the commissioner's final findings and determination regarding royalty reduction is final and not appealable to the court; and (iii) with the applicant's consent, amend the applicant's lease or unitization agreement consistent with the commissioner's final decision; (J) shall (i) transmit a copy of the final findings and determination to the lessee; and (ii) make copies of the final findings and determination available to a person who submitted comment under (G) of this paragraph and who has filed a request for the copies; 1995-04-19 House Journal Page 1382 HB 207 (K) is not limited by the provisions of AS38.05.134(3) or (f) of this section in the commissioner's determination under this subsection; and (2) after June30, 1999, to [TO] prolong the economic life of an oil and gas field or to reestablish commercial production of shut-in oil or gas that would not otherwise be economically feasible, (A) [THE COMMISSIONER] shall adopt regulations to allow reduction of royalty on leases; (B) [. THE COMMISSIONER] may not grant a reduction of royalty unless the lessee requesting the reduction makes a clear showing that the revenue from the lessee's share of all hydrocarbons produced from the field is and is likely to continue to be insufficient to produce a reasonable rate of return with respect to the lessee's total investment in the field; (C) [. THE COMMISSIONER] may condition a royalty reduction granted under this subsection in any way necessary to protect the state's interest, including restoration of the state's royalty share in the event of an increase in the price of oil or gas; and (D) shall, before [. BEFORE] approving a royalty reduction, [THE COMMISSIONER SHALL] make a written finding that the state has obtained the maximum possible economic return that is compatible with allowing a reasonable rate of economic return for the lessee, and send copies of the finding to all members of the legislature." Representative Kubina moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 12 YEAS: 6 NAYS: 31 EXCUSED: 3 ABSENT: 0 1995-04-19 House Journal Page 1383 HB 207 Yeas: Brown, Davies, Finkelstein, Grussendorf, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Finkelstein: Page 2, line 20: Delete "and" Insert "," Page 2, line 20, after "state": Insert "and provides the state the maximum long-term economic return" Representative Finkelstein moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Green objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 13 YEAS: 10 NAYS: 25 EXCUSED: 3 ABSENT: 2 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Nicholia, Ogan, Robinson, Willis 1995-04-19 House Journal Page 1384 HB 207 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Navarre, Parnell Absent: Brice, Masek And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Finkelstein: Page 1, line 2, after "gas" (title amendment): Insert ", and to depositing royalties and royalty sale proceeds in the Alaska permanent fund" Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS37.13.010(a) is amended to read: (a) Under art. IX, sec. 15 of the state constitution, there is established as a separate fund the Alaska permanent fund. The Alaska permanent fund consists of (1) 25 percent of (A) all mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS38.05.180(f) and (g), and federal mineral revenue sharing payments received by the state from mineral leases issued on or before December1, 1979, except that, regarding royalties and royalty sale proceeds, for leases for which the royalty is reduced or modified under AS38.05.180(j), the permanent fund shall receive the greater of (i) the royalties and royalty sale proceeds that the fund would have received if a reduction under AS38.05.180(j) had not been granted; or (ii) 25 percent of the royalties and royalty sale proceeds received by the state under a modified royalty under AS38.05.180(j); and (B) [25 PERCENT OF] all bonuses received by the state from mineral leases issued on or before February15, 1980; 1995-04-19 House Journal Page 1385 HB 207 (2) 50 percent of (A) all mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS38.05.180(f) and (g), and federal mineral revenue sharing payments received by the state from mineral leases issued after December1, 1979, except that, regarding royalties and royalty sale proceeds, for leases for which the royalty is reduced or modified under AS38.05.180(j), the permanent fund shall receive the greater of (i) the royalties and royalty sale proceeds that the fund would have received if a reduction under AS38.05.180(j) had not been granted; or (ii) 50 percent of the royalties and royalty sale proceeds received by the state under a modified royalty under AS38.05.180(j); and (B) [50 PERCENT OF] all bonuses received by the state from mineral leases issued after February15, 1980; (3) any other money appropriated to or otherwise allocated by law to the Alaska permanent fund." Page 1, line 5: Delete "Section 1." Insert "Sec. 2." Renumber the following bill sections accordingly. Page 3, lines 3 - 10: Delete all material and insert: "(4) may not grant a royalty reduction for a field, pool, or portion of a field or pool under this subsection that exceeds 75 percent of the royalty originally specified in a lease entered into under the provisions of (f) of this section on or before December1, 1979, or 50 percent of the royalty originally specified in a lease issued after December1, 1979, under the provisions of (f) of this section or AS38.05.134;" Representative Finkelstein moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Rokeberg objected. 1995-04-19 House Journal Page 1386 HB 207 The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 207(FIN) am Second Reading Amendment No. 14 YEAS: 10 NAYS: 26 EXCUSED: 3 ABSENT: 1 Yeas: Brice, Brown, Finkelstein, Grussendorf, Kohring, Kubina, MacLean, Nicholia, Ogan, Robinson Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kott, Mackie, Martin, Masek, Moses, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Mulder And so, Amendment No. 14 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB207(FIN)am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB207(FIN)am was read the third time. The question being: "Shall CSHB207(FIN)am pass the House?" The roll was taken with the following result: CSHB 207(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 1995-04-19 House Journal Page 1387 HB 207 Yeas: Austerman, Barnes, Brice, Bunde, Davies, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Finkelstein Excused: B.Davis, Navarre, Parnell And so, CSHB207(FIN)am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Brown gave notice of reconsideration of her vote on CSHB207(FIN)am. SECOND READING OF SENATE RESOLUTIONS SJR 12 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 12(RES) Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments. with the: Journal Page WTR RPT 3DP 1NR 850 SENATE ZERO FISCAL NOTE (DNR) 2/14/95 851 RES RPT HCS(RES) 5DP 1213 SENATE ZERO FISCAL NOTE (DNR) 2/14/95 1213 1995-04-19 House Journal Page 1388 SJR 12 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 12(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 3, lines 5-7: Delete all material Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSJR 12(RES) Second Reading Amendment No. 1 YEAS: 18 NAYS: 19 EXCUSED: 3 ABSENT: 0 Yeas: Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Grussendorf, Kelly, Kott, Kubina, Mackie, MacLean, Nicholia, Porter, Robinson, Rokeberg, Therriault, Willis Nays: Austerman, Barnes, Bunde, Foster, Green, Hanley, Ivan, James, Kohring, Martin, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Toohey, Vezey, Williams Excused: B.Davis, Navarre, Parnell And so, Amendment No. 1 was not adopted. 1995-04-19 House Journal Page 1389 SJR 12 Representative Vezey moved and asked unanimous consent that HCSCSSJR12(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCSCSSJR12(RES) was read the third time. The question being: "Shall HCS CSSJR12(RES) pass the House?" The roll was taken with the following result: HCS CSSJR 12(RES) Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein Excused: B.Davis, Navarre, Parnell Absent: Hanley, Kubina And so, HCSCSSJR12(RES) passed the House. Representative Vezey gave notice of reconsideration of his vote on HCS CSSJR 12(RES). LEGISLATIVE CITATIONS Representative Vezey 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: 1995-04-19 House Journal Page 1390 Honoring - Aaron Reiss and Timothy Porritt, Eagle Scouts By Representatives Kubina, Phillips, Brice, Bunde, Davies, Elton, Hanley, James, Mackie, MacLean, Mulder, Nicholia, Ogan, Porter, Sanders, Toohey, Vezey, Willis Honoring - Celebration of Life - Kalukaq By Senators Lincoln, Hoffman; Representatives Nicholia, Brice, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kubina, Mackie, MacLean, Robinson, Sanders, Toohey, Willis Honoring - Hydaburg Gold Medal Basketball Team By Senator Zharoff, Representatives Mackie, Brice, G.Davis, Elton, James, Kubina, Mulder, Nicholia, Sanders, Toohey, Williams, Willis Honoring - Hoonah Old Timers Gold Medal Basketball Team By Senator Zharoff; Representatives Mackie, Brice, G.Davis, Elton, Grussendorf, James, Kubina, MacLean, Mulder, Nicholia, Sanders, Toohey, Williams, Willis Honoring - First Lady Ermalee Hickel By Senator Leman; Representatives Phillips, Brice, Brown, Bunde, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Byron J. "Barney" Hollembaek By Representatives Kubina, Phillips, Brice, Foster, James, Kott, Mackie, MacLean, Nicholia, Sanders, Toohey, Vezey, Willis UNFINISHED BUSINESS HB 295 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 295 "An Act relating to the custody and disposition of property in the custody of municipal law enforcement agencies." 1995-04-19 House Journal Page 1391 HB 307 Representative Martin added his name as cosponsor to: HOUSE BILL NO. 307 "An Act prohibiting the sale of pull-tabs; and providing for an effective date." SJR 19 Representatives Toohey and Bunde added their names as cross sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited. ENROLLMENT HCR 16 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:14 a.m., April 19, 1995: HOUSE CONCURRENT RESOLUTION NO. 16 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Labor & Commerce Committee 3:00 pm 4/19 TIME CHANGED TO 4:15 pm 1995-04-19 House Journal Page 1392 Finance Committee 1:30 pm 4/19 CANCELED -- HB 268 rescheduled to 4/22 Judiciary Committee 1:00 pm 4/19 CANCELED -- HB 217, HB 104, SB 46 & HB 295 rescheduled to 4/21 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 20, 1995. There being no objection, the House adjourned at 3:57 p.m. Suzi Lowell Chief Clerk