Legislature(1997 - 1998)

1997-02-18 House Journal

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1997-02-18                     House Journal                      Page 0384
SB 74                                                                         
The following, which had been held in third reading to today's                 
calendar (page 375), was again before the House:                               
                                                                               
CS FOR SENATE BILL NO. 74(FIN) am H                                           
An Act making appropriations concerning the state's position on               
the sovereign powers of Native tribal governments in the state; and            
providing for an effective date.                                               
                                                                               
**The presence of Representatives Moses and Kohring was noted.                 
                                                                               
Representative Grussendorf moved and asked unanimous consent that              
the question be divided to consider sections 1(a) and 1(b) separately.         
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker ruled that the question was divisible.                             
                                                                               
The question being:  Shall the question be divided?  The roll was              
taken with the following result:                                               
                                                                               
CSSB 74(FIN) am H                                                              
Third Reading                                                                  
Division of the Question                                                       
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf,         
Joule, Kemplen, Kookesh, Kubina, Moses                                         
                                                                               
Nays:  Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley,            
Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek,             
Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey,          
Williams                                                                       
                                                                               
Excused:  Nicholia, Ryan                                                       
                                                                               
And so, the motion failed.                                                     
                                                                               
Representative Barnes rose to a point of order regarding confining             
remarks to the bill before the body.                                           

1997-02-18                     House Journal                      Page 0385
SB 74                                                                        
The Speaker cautioned the member to proceed in order.                          
                                                                               
The question being:  Shall CSSB 74(FIN) am H pass the House?                   
The roll was taken with the following result:                                  
                                                                               
CSSB 74(FIN) am H                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  26   NAYS:  12   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davis, Dyson,             
Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin,           
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault,          
Vezey, Williams                                                                
                                                                               
Nays:  Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, Joule,          
Kemplen, Kookesh, Kubina, Moses                                                
                                                                               
Excused:  Nicholia, Ryan                                                       
                                                                               
And so, CSSB 74(FIN) am H passed the House.                                    
                                                                               
                                                                               
Representative Porter moved the effective date clause.                         
                                                                               
The question being:  Shall the effective date clause be adopted?  The          
roll was taken with the following result:                                      
                                                                               
CSSB 74(FIN) am H                                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders,              
Therriault, Vezey, Williams                                                    
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses                                                
                                                                               

1997-02-18                     House Journal                      Page 0386
SB 74                                                                        
Excused:  Nicholia, Ryan                                                       
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent that the               
House adopt the following letter of intent:                                    
                                                                               
It is the intent of the legislature that the monies to be expended in          
this appropriation first be directed to the states efforts to obtain           
Supreme Court review of the Ninth Circuits decision in Venetie v.             
State of Alaska and, if granted review, to argue the case before the          
Supreme Court. No monies are to be spent on other activities before            
these legal avenues have been exhausted.                                       
                                                                               
                                                                               
It is further the intent of the legislature that should funds be available     
after conclusion of the states legal challenge in the Venetie case, that       
the Administration, the Congressional Delegation, as well as members           
of the Legislature be consulted in the pursuit of other activities related     
to this issue.  Any further actions funded by this appropriation should        
involve all interested Alaskans and take into account the full range of        
perspectives on this complex issue.                                            
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent to                     
withdraw the letter of intent.  There being no objection, it was so            
ordered.                                                                       
                                                                               
                                                                               
CSSB 74(FIN) am H was referred to the Chief Clerk for engrossment.