00HOUSE JOINT RESOLUTION NO. 101 am(fld H)                                                                              
01 Proposing amendments to the Constitution of the State of Alaska authorizing a                                           
02 priority for subsistence uses of renewable natural resources that is based on place                                     
03 of residence and providing for the repeal of that authorization; and providing for                                      
04 an effective date.                                                                                                      
05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                              
06    * Section 1.  Article VIII, Constitution of the State of Alaska, is amended by adding a new                        
07 section to read:                                                                                                        
08  Section 19.  Subsistence.  The legislature may, consistent with the sustained                                       
09 yield principle, provide a priority for subsistence uses in the taking of fish and wildlife                             
10 and other renewable natural resources based on place of residence.                                                      
11    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
12 section to read:                                                                                                        
13  Section 29. Repeal of Amendment.  The 1998 amendment regarding                                                      
14 subsistence (art. VIII, sec. 19) is repealed 180 days after the date of a final non-                                    

01 appealable judgment or order by a federal court deciding that the rural subsistence priority in                         
02 16 U.S.C. 3114 (sec. 804, Alaska National Interest Lands Conservation Act, P.L. 96-487, as                              
03 amended by P.L. 105-83) violates the United States Constitution.  In this section, "final, non-                         
04 appealable judgment or order" means a judgment or order that cannot be appealed because all                             
05 possible appeals, including a petition for certiorari to the United States Supreme Court, have                          
06 been taken or the time for taking an appeal has expired without appeal.                                                 
07    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
08 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
09 State of Alaska, and the election laws of the state.                                                                    
10    * Sec. 4.  If adopted by the voters at the next general election, the amendments proposed                          
11 by this resolution take effect immediately upon certification of the election returns by the                            
12 lieutenant governor.