Legislature(1997 - 1998)
1998-07-21 House Journal
Full Journal pdf1998-07-21 House Journal Page 4132 HJR 201 The Speaker waived the Rules Committee referral (page 4122) for the following at the request of Representative Kott, Chair: HOUSE JOINT RESOLUTION NO. 201 Proposing an amendment to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and relating to the effective date and repeal of the subsistence amendment. HJR 201 was read the second time. with the: Journal Page 2 ZERO FISCAL NOTES (GOV, LAW) 4122 Amendment No. 1 was offered by Representative Rokeberg: Page 1, line 7, through page 2, line 10: Delete all material and insert: "Section 19. Subsistence Priority. (a) The legislature may, consistent with the sustained yield principle, provide a priority for subsistence uses in the taking of fish and wildlife based on one or more of the following: 1998-07-21 House Journal Page 4133 HJR 201 (1) proximity to the fish or wildlife resource; (2) household income; (3) dependence on fish or wildlife for nutritional and other subsistence uses. (b) A priority established under (a) of this section shall not adversely diminish the utilization of forests, grasslands, or other replenishable resources or mineral, water, or other natural resources of the State. * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new section to read: Section 29. Effective Date and Repeal of Subsistence Amendment. (a) The governor shall certify the date that federal law governing subsistence uses of fish and wildlife on federal public lands in the State (1) defines the term "public lands" to expressly exclude (A) any and all State and private lands and waters, including any and all navigable waters; (B) any land validly selected or tentatively approved for transfer to the State or a Native corporation under federal law; and (C) any federal interest in waters arising under the navigational servitude or doctrine of reserved waters; (2) waives federal jurisdiction, as provided or otherwise asserted under the Alaska National Interest Lands Conservation Act (P.L. 96-487), as amended, over any and all State and private lands and waters, including any and all navigable waters, in the State transferred to the State under the Submerged Lands Act of 1953 or the Alaska Statehood Act; (3) repeals the jurisdiction of the federal courts to hear cases arising from State management of fish and wildlife except on appeal from the State supreme court to the Supreme Court of the United States on grounds arising under the Constitution of the United States; (4) defines the terms "subsistence uses," "rural," "customary and traditional," "customary trade," "reasonable opportunity," and other key terms in a manner consistent with the laws of the State; (5) repeals sec. 801(b)(4), Alaska National Interest Lands Conservation Act (P.L. 96-487), as added by sec. 316(b)(3), P.L. 105-83, relating to management by the Secretary of the Interior of 1998-07-21 House Journal Page 4134 HJR 201 fish and wildlife for subsistence uses on all federal public lands in the State; and (6) acknowledges that the laws of the State are consistent with provisions of federal law governing the subsistence uses of fish and wildlife on federal public lands in the State. (b) Section 19 of Article VIII, regarding a priority for subsistence uses of fish and wildlife, takes effect on the day after the date on which the legislature adopts a resolution concurring with the governors certification under (a) of this section. (c) Section 19 of Article VIII, regarding a priority for subsistence uses of fish and wildlife, is repealed if a federal court issues a final decision that a provision of Title VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487), violates the Constitution of the United States. (d) For the purposes of (c) of this section, Section 19 of Article VIII is repealed on the day after the date of the final decision. The date of the final decision is (1) the date the time for appellate review of the decision expires without request for appellate review; or (2) for a final decision by the Supreme Court of the United States, the date of the decision itself." Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Representative Rokeberg moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HJR 201 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 201 was read the third time. Representative Kubina placed a call of the House on the resolution. The Speaker stated the call was satisfied. 1998-07-21 House Journal Page 4135 HJR 201 Representative Barnes rose to a point of order stating the member was questioning the motives of members of the body. The Speaker cautioned the member to proceed in order. The question being: "Shall HJR 201 pass the House?" The roll was taken with the following result: HJR 201 Third Reading Final Passage YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Williams Nays: Barnes, Bunde, Cowdery, Dyson, Green, Hanley, James, Kelly, Kohring, Kott, Masek, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Martin And so, lacking the necessary 27 votes, HJR 201 failed to pass the House and was referred to the Chief Clerk for permanent filing.