Legislature(1997 - 1998)
1998-05-31 House Journal
Full Journal pdf1998-05-31 House Journal Page 4021 SJR 101 The following was read the second time: SENATE JOINT RESOLUTION NO. 101 am Proposing amendments to the Constitution of the State of Alaska authorizing a priority for subsistence uses of fish and wildlife that is based on place of residence; and providing for an effective date. Amendment No. 1 was offered by Representative Porter: Page 1, lines 1 - 3 (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendment." Page 1, line 5, through page 2, line 31: Delete all material and insert: "* Section 1. ArticleVIII, Constitution of the State of Alaska, is amended by adding a new section to read: Section 19. Subsistence Priority. The legislature shall, consistent with the sustained yield principle, provide a priority for subsistence uses of a fish or wildlife resource by residents of a community or area that is substantially dependent on fish and wildlife for nutritional and other subsistence uses. The priority may be based on place of residence. * 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 Amendment. (a) If adopted by the voters at the 1998 general election, the amendment set out in Section 19 of Article VIII, regarding subsistence, takes effect on October1, 2000. (b) Section 19 of Article VIII, regarding subsistence, is repealed on the date of a final, nonappealable judgment or order by a federal court deciding that the rural subsistence priority in Title VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487), as amended, violates the Constitution of the United States. 1998-05-31 House Journal Page 4022 SJR 101 (c) In (b) of this section, "final, nonappealable judgment or order" means a judgment or an order that 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." Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. **The presence of Representative Kohring was noted. Representative Brice placed a call of the House. **The presence of Representative Moses was noted. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SJR 101 am Second Reading Amendment No. 1 YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Barnes, Cowdery, Dyson, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey And so, Amendment No. 1 was adopted and the new title appears below: 1998-05-31 House Journal Page 4023 SJR 101 SENATE JOINT RESOLUTION NO. 101 am H Proposing amendments to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendment. Representative Porter moved and asked unanimous consent that SJR 101 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 101 am H was read the third time. Representative Bunde moved and asked unanimous consent that SJR 101 am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 (to SJR 101 am H) was offered by Representatives Bunde and Kookesh: Page 2, line 2: Delete "takes effect on October 1, 2000." Insert "takes effect on the earlier of October 1, 2002 or the date of a final non appealable judgment or order by a federal court deciding whether or not the rural subsistence priority in Title VIII, Alaska Native Interest Lands Conservation Act (P.L. 96-487), as amended, violates the Constitution of the United States." Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SJR 101 am H Second Reading Amendment No. 2 YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 1998-05-31 House Journal Page 4024 SJR 101 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Green, Hanley, Kohring, Kott, Martin, Masek, Ogan, Ryan, Sanders, Vezey And so, Amendment No. 2 was adopted. The question being: "Shall SJR 101 am H pass the House?" The roll was taken with the following result: SJR 101 am H Third Reading Final Passage YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Barnes, Cowdery, Dyson, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey And so, lacking the necessary 27 votes, SJR 101 am H failed to pass the House. Representative Porter gave notice of reconsideration of his vote on SJR 101 am H(fld H).