Legislature(1997 - 1998)
1997-02-13 House Journal
Full Journal pdf1997-02-13 House Journal Page 0336 SB 74 The following was read the second time: CS FOR SENATE BILL NO. 74(FIN) An Act making appropriations concerning the state's position on 1997-02-13 House Journal Page 0337 SB 74 the sovereign powers of Native tribal governments in the state; and providing for an effective date. with the: Journal Page FIN RPT 5DP 2DNP 1NR 331 Amendment No. 1 was offered by Representative Davies: Page 1, lines 5-13: Delete all material. Insert a new section to read: * Section 1. (a) The sum of $167,000 is appropriated from the general fund to the Department of Law for the purpose of representation and advocacy before federal and state courts to appeal the decision of the federal Ninth Circuit Court of Appeals in State of Alaska v. Native Village of Venetie Tribal Government (9th Cir. Case No. 9635042, decided November 20, 1996). (b) The sum of $333,000 is appropriated from the general fund to the Department of Law for the purpose of representation and advocacy before federal and state courts to appeal the decision of the federal Ninth Circuit Court of Appeals in State of Alaska v. Native Village of Venetie Tribal Government (9th Cir. Case No. 9635042, decided November 20 1996). (c) The sum of $167,000 is appropriated from the general fund to the legislative operating budget for the purpose of supporting the states interest, including litigation, on the issue of sovereign powers of Native tribal governments in the state in light of the decision of the federal Ninth Circuit Court of Appeals in State of Alaska v. Native Village of Venetie Tribal Government (9th Cir. Case No. 96-35042, decided November 20, 1996). (d) The sum of $333,000 is appropriated from the general fund to the legislative operating budget for the purpose of supporting the state's interest, including litigation, on the issue of sovereign powers of Native tribal governments in the state in light 1997-02-13 House Journal Page 0338 SB 74 of the decision of the federal Ninth Circuit Court of Appeals in State of Alaska v. Native Village of Venetie Tribal Government (9th Cir. Case No. 96-35042, decided November 20, 1996). * Sec. 2. The appropriations made in Sec. 1(b) and (d) of this Act take effect only if the United States Supreme Court decides to remand or to review the federal Ninth Circuit Court of Appeal's decision in the case referred to in (b) and (d) above. Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Amendment to Amendment No. 1 was offered by Representative Brice: Under Section 1: Delete subsection (d) Representative Brice moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Hanley objected. The question being: Shall Amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 74(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 10 NAYS: 24 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-02-13 House Journal Page 0339 SB 74 Excused: Austerman, Barnes, Foster, Moses, Nicholia Absent: Sanders And so, Amendment to Amendment No. 1 was not adopted. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 74(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 24 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia Absent: Sanders And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that Representative Nicholia be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Elton: Page 1, line 9: Delete "The" Insert "Subject to the condition set out in (c) of this section, the" Page 1, lines 9 - 10: Delete "legislative operating budget" Insert "Legislative Council" 1997-02-13 House Journal Page 0340 SB 74 Page 1, following line 13: Insert a new subsection to read: "(c) The appropriation made in (b) of this section may not be encumbered or expended until the encumbrance or expenditure has been approved by the Legislative Council in a meeting." Representative Elton moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 74(FIN) Second Reading Amendment No. 2 YEAS: 22 NAYS: 12 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Phillips, Porter, Rokeberg Nays: Hodgins, Ivan, Kohring, Kott, Masek, Mulder, Ogan, Ryan, Sanders, Therriault, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia Absent: Martin And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Grussendorf: Page 1, line 5: Delete $500,000 Insert $650,000 Page 1, lines 9-13: Delete all material. 1997-02-13 House Journal Page 0341 SB 74 Representative Grussendorf moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Second Reading Amendment No. 3 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Davies: Page 1, line 5: Delete "The" Insert "Subject to the condition in (c) of this section, the" Page 1, lines 6 - 8: Delete "advocating the state's legal position on the sovereign powers of Native tribal governments in the state, including representation and advocacy before federal and state courts and federal administrative agencies" Insert "representation and advocacy before federal and state courts to appeal the decision of the federal Ninth Circuit Court of Appeals in State of Alaska v. Native Village of Venetie Tribal Government (9th Cir. Case No. 96-35042, decided November20, 1996)" 1997-02-13 House Journal Page 0342 SB 74 Page 1, line 9: Delete "The" Insert "Subject to the condition in (d) of this section, the" Page 1, following line 13: Insert new subsections to read: "(c) The appropriation made by (a) of this section is conditioned on the Department of Law agreeing to present to the legislature a detailed financial account of the expenditures made against the appropriation on the 10th day of the 1998 legislative session. (d) The appropriation made by (b) of this section is conditioned on the Legislative Affairs Agency agreeing to present to the legislature a detailed financial account of the expenditures made against the appropriation on the 10th day of the 1998 legislative session." Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Grussendorf: Page 1, line 5: Delete $500,000 Insert $600,000 Page 1, line 9: Delete $500,000 Insert $200,000 Representative Grussendorf moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hanley objected. 1997-02-13 House Journal Page 0343 SB 74 The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Second Reading Amendment No. 5 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Grussendorf: Page 1, line 14: Delete all material. Insert a new section to read: * Sec. 2. The appropriations made by section one of this Act lapse on the earlier date of June 30, 1998, or the date when the decision of the Ninth Circuit Court of Appeals in the case described in section one (b) of this Act becomes final. Representative Grussendorf moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Mulder objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: 1997-02-13 House Journal Page 0344 SB 74 CSSB 74(FIN) am H Second Reading Amendment No. 6 YEAS: 10 NAYS: 25 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Brice: Page 1, line 10, following purpose of: Delete supporting the state's interest, including litigation, Insert submitting a brief Representative Brice moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Second Reading Amendment No. 7 YEAS: 10 NAYS: 23 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina 1997-02-13 House Journal Page 0345 SB 74 Nays: Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Austerman, Barnes, Foster, Moses, Nicholia Absent: James, Therriault And so, Amendment No. 7 was not adopted. The Speaker stated that CSSB 74(FIN) am H will be in third reading on the February 14, 1997, calendar. Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Nicholia - from 6:45 p.m., plane time, February 12 to 10:00 p.m., plane time, February 17, 1997 (amended from pages 323 and 339). The voting records before Representative Nicholia's excused absence on page 339 were changed to reflect that she was excused.