Legislature(1997 - 1998)
1998-05-28 House Journal
Full Journal pdf1998-05-28 House Journal Page 3982 HJR 101 The following was read the second time: HOUSE JOINT RESOLUTION NO. 101 Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. with the: Journal Page RES RPT 4DP 3DNP 1NR 3978 ZERO FISCAL NOTE (GOV) 3979 ZERO FISCAL NOTE (LAW) 5/26/98 3979 Amendment No. 1 was offered by Representative Kubina: Page 1, line 1 (title amendment): Delete "an amendment" Insert "amendments" Page 1, line 3, following "residence" (title amendment): Insert "and providing for the repeal of that authorization" Page 1, following line 9: Insert a new resolution section to read: "*Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new section to read: Section 29. Repeal of Amendment. The 1998 amendment regarding subsistence (art. VIII, sec. 19) is repealed 180 days after the date of a final non-appealable judgement or order by a federal court deciding that the rural subsistence priority in 16 U.S.C. 3114 (Sec. 804, Alaska National Interest Lands Conservation Act, P.L. 96-487, as amended by P.L. 105-83) violates the United States Constitution. In this section, "final, non- appealable judgment or order" means a judgment or order that 1998-05-28 House Journal Page 3983 HJR 101 cannot be appealed because all possible appeals, including a petition for certiorari to the United States Supreme Court, have been taken or the time for taking an appeal has expired without appeal." Page 1, line 10: Delete "amendment" Insert "amendments" Page 1, line 13: Delete "amendment" Insert "amendments" Page 1, line 14: Delete "takes" Insert "take" Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. **The presence of Representative Davies was noted. Representative Kubina placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 101 Second Reading Amendment No. 1 YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams 1998-05-28 House Journal Page 3984 HJR 101 Nays: Barnes, Cowdery, Dyson, Hanley, James, Kelly, Kohring, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Bunde changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted and the new title appears below: HOUSE JOINT RESOLUTION NO. 101 am Proposing amendments to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence and providing for the repeal of that authorization; and providing for an effective date. Representative Porter moved and asked unanimous consent that HJR 101 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 101 am was read the third time. The question being: "Shall HJR 101 am pass the House?" The roll was taken with the following result: HJR 101 am Third Reading Final Passage YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Phillips, Porter, Williams Nays: Barnes, Bunde, Cowdery, Dyson, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey And so, lacking the necessary 27 votes, HJR 101 am failed to pass the House. Representative Porter gave notice of reconsideration of his vote on HJR 101 am(fld H).