Legislature(1997 - 1998)

1998-05-31 House Journal

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1998-05-31                     House Journal                      Page 4024
SJR 101                                                                      
Representative Porter moved and asked unanimous consent that the               
reconsideration of SJR 101 am H(fld H) be taken up on the same day.            
                                                                               
Representative Kubina objected.                                                
                                                                               

1998-05-31                     House Journal                      Page 4025
SJR 101                                                                      
Representative Porter placed a call of the House on the resolution.            
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall the reconsideration of SJR 101 am H(fld            
H) be taken up on the same day?"  The roll was taken with the                  
following result:                                                              
                                                                               
SJR 101 am H--RECONSIDERATION                                                  
Third Reading                                                                  
Take up Reconsideration                                                        
                                                                               
YEAS:  27   NAYS:  13   EXCUSED:  0   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, Ryan,                 
Sanders, Therriault, Williams                                                  
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey                               
                                                                               
And so, the motion passed.                                                     
                                                                               
The following was again before the House in third reading:                     
                                                                               
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 returned to second reading for the specific purpose of             
considering Amendment No. 3.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 3 was offered  by Representatives Barnes, Green and               
Hudson:                                                                        
                                                                               

1998-05-31                     House Journal                      Page 4026
SJR 101                                                                      
Page 1, line 7, through page 2, line 31:                                       
	Delete all material and insert:                                               
	"Section 19.  Subsistence Preference.  (a)  The legislature                
may, consistent with the sustained yield principle, provide a                  
preference for subsistence uses in the taking of fish and wildlife             
based on place of residence.                                                   
	(b)  A preference 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; and                                    
		(B)  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; and                                          
		(3)  acknowledges that the laws of the State that are in                    
existence on December1, 1998, 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 preference 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 preference 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.                                         
                                                                               

1998-05-31                     House Journal                      Page 4027
SJR 101                                                                      
	(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 Porter moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Davies objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SJR 101 am H--RECONSIDERATION                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green,                 
Hanley, Hodgins, Hudson, Kott, Martin, Masek, Mulder, Phillips,                
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf,            
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina,                  
Moses, Nicholia, Ogan, Porter, Vezey                                           
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was not offered.                                               
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that SJR
101 am H be returned to second reading for the specific purpose of             
considering Amendment No. 5.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 5 was offered  by Representative Porter:                          

1998-05-31                     House Journal                      Page 4028
SJR 101                                                                      
	Delete all material and insert:                                               
"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.           
                                                                               
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE                                 
OF ALASKA:                                                                    
   * Section 1.  ArticleVIII, Constitution of the State of Alaska, is        
amended by adding a new section to read:                                       
	Section 19.  Subsistence Priority.  The legislature may,                   
consistent with the sustained yield principle, provide a priority for          
subsistence uses in the taking of fish and wildlife based on place             
of residence.                                                                  
   * Sec. 2.  Article XV, Constitution of the State of Alaska, is            
amended by adding new sections to read:                                        
	Section 29.  Effective Date of Subsistence Amendment.  (a)                 
Section 19 of Article VIII, regarding a priority for subsistence uses          
of fish and wildlife, takes effect on the day following the later of           
the date of a final decision of a federal court in cases described in          
(b) of this section that the Congress of the United States acted               
within the scope of its constitutional authority by enacting the               
Alaska National Interest Lands Conservation Act (P.L. 96-487),                 
which included the following:                                                  
		(1)  a rural resident preference for subsistence uses of fish               
and wildlife;                                                                  
		(2)  a preemption of state authority over the management                    
of fish and wildlife on federal public lands in the State; and                 
		(3)  other provisions.                                                      
	(b)  A final decision as described in (a) of this section may                
occur only in Alaska Legislative Council v. Babbitt, Civil No.                 
1:98CV0069(JR), United States District Court for the District of               
Columbia, or in another case filed within one year after the                   
dismissal of Alaska Legislative Council v. Babbitt under                       
circumstances that do not produce a final decision as described in             
(a) of this section, including but not limited to lack of standing of          
all plaintiffs.                                                                
	(c)  For the purposes of (a) of this section, the date of a final            
decision is                                                                    
		(1)  the date the time for appellate review of the decision                 
expires without request for appellate review; or                               
                                                                               

1998-05-31                     House Journal                      Page 4029
SJR 101                                                                      
		(2)  for a final decision by the Supreme Court of the                       
United States, the date of the decision itself.                                
	Section 30.  Subsistence Litigation.  The governor whose                   
term of office begins at noon on the first Monday of December                  
1998 shall, within three months from the beginning of the                      
governors term of office, bring a legal action in the United States            
Supreme Court challenging the constitutionality of the Alaska                  
National Interest Lands Conservation Act (P.L. 96-487), which                  
included provisions that establish a rural resident preference for             
subsistence uses of fish and wildlife and that preempt State                   
authority over management of fish and wildlife on federal public               
lands in the State.  This legal action shall address conflicts                 
between the sovereignty of the State and the federal government                
regarding the authority to manage or regulate all fish and wildlife            
resources in the State and the navigable waters of the State.  The             
governor shall also join existing litigation that challenges the               
Alaska National Interest Lands Conservation Act (P.L. 96-487).                 
The governor shall vigorously pursue the litigation described in               
this section.                                                                  
   * Sec. 3.  The amendments proposed by this resolution shall be            
placed before the voters of the state at the next general election in          
conformity with art.XIII, sec.1, Constitution of the State of Alaska,          
and the election laws of the state."                                           
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SJR 101 am H--RECONSIDERATION                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Bunde, Cowdery, Davis, Green, Hanley, Hodgins, Hudson,                  
Kelly, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault,           
Vezey, Williams                                                                

1998-05-31                     House Journal                      Page 4030
SJR 101                                                                      
Nays:  Austerman, Barnes, Berkowitz, Brice, Croft, Davies, Dyson,              
Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kohring,              
Kookesh, Kott, Kubina, Masek, Moses, Nicholia, Ogan, Sanders                   
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
The question to be reconsidered:  "Shall SJR 101 am H pass the                 
House?"  The roll was taken with the following result:                         
                                                                               
SJR 101 am H--RECONSIDERATION                                                  
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 on reconsideration.                                                  
                                                                               
SJR 101 am H(fld H) was returned to the Senate for permanent filing.