Legislature(1997 - 1998)
1998-05-31 House Journal
Full Journal pdf1998-05-31 House Journal Page 4019 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SPECIAL SESSION Juneau, Alaska Sunday May 31, 1998 Sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:02 p.m. Roll call showed 38 members present. Representatives Kohring and Moses were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Porter. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "God, grant us the serenity to change the things we can, the courage to accept the things we cannot change, and the wisdom to know the difference. Amen." The Pledge of Allegiance was led by Representative Barnes. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the fifth legislative day of the First Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1998-05-31 House Journal Page 4020 MESSAGES FROM THE GOVERNOR HB 257 The following letter, dated May 30, 1998, was received: "Dear Speaker Phillips: Under the authority vested in me by art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) "An Act relating to elections, to election officials and election workers, to voter registration, and to candidates for election; and providing for an effective date." Although much of this bill contains election items which this Administration introduced, it also contains a provision that represents the worst form of special legislation. This provision applies to a single member of the Legislature. It retroactively reverses an admitted violation of financial disclosure law and the Legislature's code of ethics. This remedy would not be available to an ordinary citizen who may miss a statutory deadline. The penalty for this violation is not allowing a candidate to appear on the ballot. While it may seem a harsh penalty, it is the law. No citizen is above the law. I will not be a party to this abuse of the legislative process. Sincerely, /s/ Tony Knowles, Governor" CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopt the First Supplemental Calendar. There being no objection, the following First Supplemental Calendar was adopted: SJR 101 am 1998-05-31 House Journal Page 4021 SECOND READING OF SENATE RESOLUTIONS 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). RECONSIDERATION 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. ENGROSSMENT HJR 101 Reconsideration of the following was not taken up on this legislative day. It was referred to the Chief Clerk for permanent filing: HOUSE JOINT RESOLUTION NO. 101 am(fld H) 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. 1998-05-31 House Journal Page 4031 HJR 102 Reconsideration of the following was not taken up on this legislative day. It was referred to the Chief Clerk for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 102(JUD)(fld H) Proposing amendments to the Constitution of the State of Alaska relating to a preference for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendments. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., June 1, 1998. There being no objection, the House adjourned at 2:39 a.m., June 1, 1998. Suzi Lowell Chief Clerk