Legislature(1997 - 1998)

1997-02-13 House Journal

Full Journal pdf

1997-02-13                     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.