Legislature(1997 - 1998)
1998-05-28 Senate Journal
Full Journal pdf1998-05-28 Senate Journal Page 4228 SJR 101 Senator Duncan requested that the reconsideration on SENATE 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, be taken up. The resolution was before the Senate on reconsideration. Senator Duncan called the Senate. The call was satisfied. Senator Sharp moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No.1. Without objection, the resolution was returned to second reading. Senator Sharp offered Amendment No. 1 : Page 1, line 1: Delete "an amendment" Insert "amendments" 1998-05-28 Senate Journal Page 4229 SJR 101 Page 1, line 2: Delete "renewable natural resources" Insert "fish and wildlife" Page 1, line 9: Delete "and other renewable natural resources" Page 1, following line 9: Insert a new section to read: "* 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 (2) for a final decision by the Supreme Court of the United States, the date of the decision itself. 1998-05-28 Senate Journal Page 4230 SJR 101 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." Renumber the following sections accordingly. Page 1, line 10: Delete "amendment" Insert "amendments" Page 1, line 13, through page 2, line 1: Delete all material. Senator Sharp moved for the adoption of Amendment No. 1. Objections were heard. Senator Kelly moved that Amendment No. 1 be divided into three parts as follows: Part 1 Page 1, lines 1 and 10: Delete "an amendment" Insert "amendments" Page 1, line 2: Delete "renewable natural resources" Insert "fish and wildlife" 1998-05-28 Senate Journal Page 4231 SJR 101 Page 1, line 9: Delete "and other renewable natural resources" Page 1, line 13, through page 2, line 1: Delete all material. Part 2 Page 1, following line 9: Insert a new section to read: * 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 (2) for a final decision by the Supreme Court of the United States, the date of the decision itself. 1998-05-28 Senate Journal Page 4232 SJR 101 Part 3 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. President Miller ruled that the question was divisible. The question being: Shall Amendment No. 1 be divided into three parts? The roll was taken with the following result: SJR 101 Second Reading Amendment No. 1 Divide Amendment No. 1 into 3 parts YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Parnell Nays: Green, Halford, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 was not divided. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1998-05-28 Senate Journal Page 4233 SJR 101 SJR 101 Second Reading Amendment No. 1 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie and so, Amendment No. 1 was adopted. SENATE JOINT RESOLUTION NO. 101 am was automatically in third reading. Senator Leman moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the resolution was returned to second reading. Senator Leman offered Amendment No. 2 : Page 1, line 7, following Subsistence Insert Priority Senator Leman moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. The resolution was automatically in third reading. Senator Lincoln moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the resolution was returned to second reading. Senators Lincoln, Adams, Hoffman, Duncan offered Amendment No.3: 1998-05-28 Senate Journal Page 4234 SJR 101 Page 1, line 7 through line 9: Delete all material and Insert Section 19. Subsistence. Consistent with the sustained yield principle, the legislature shall grant a preference to and among residents in the taking of fish and wildlife for subsistence uses on the basis of customary and traditional use, cultural tradition, direct dependence, rural residence, local residence, or the availability of alternative resources. Senator Lincoln moved for the adoption of Amendment No. 3. Objections were heard. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SJR 101 am Second Reading Amendment No. 3 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 3 failed. The resolution was automatically in third reading. Senator Lincoln moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the resolution was returned to second reading. Senator Lincoln offered Amendment No. 4 : 1998-05-28 Senate Journal Page 4235 SJR 101 Page 1, line 7, following legislature: Delete may Insert shall Senator Lincoln moved for the adoption of Amendment No. 4. Objections were heard. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: SJR 101 am Second Reading Amendment No. 4 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 4 failed. The resolution was automatically in third reading. Senator Lincoln moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the resolution was returned to second reading. Senator Lincoln offered Amendment No. 5 : Page 1, line 9, following based on: Delete place of residence Insert rural residency Senator Lincoln moved for the adoption of Amendment No. 5. Objections were heard. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: 1998-05-28 Senate Journal Page 4236 SJR 101 SJR 101 am Second Reading Amendment No. 5 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 5 failed. The resolution was automatically in third reading. Senator Kelly moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the resolution was returned to second reading. Senator Kelly offered Amendment No. 6 : Page 1, line 1: Delete "an amendment" Insert "amendments" Page 1, line 3, following "date": Insert "and repeal of the amendment" Page 1, following line 9: Insert a new section to read: "* 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) If Section 19 of Article VIII, regarding subsistence, is adopted at the 1998 general election, the amendment takes effect immediately on certification of the election returns by the lieutenant governor. 1998-05-28 Senate Journal Page 4237 SJR 101 (b) Section 19 of Article VIII, regarding subsistence, is repealed 180 days after the date of a final, nonappealable judgment 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 Constitution of the United States. In this subsection, "final, nonappealable judgment or order" means a judgment or 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." Renumber the following sections accordingly. Page 1, line 10: Delete "amendment" Insert "amendments" Page 1, line 13, through page 2, line 1: Delete all material. Senator Kelly moved for the adoption of Amendment No. 6. Objections were heard. Senator Donley moved for the adoption of the following amendment to Amendment No. 6: In Amendment No. 6, Section 29(b): Delete 180 days Delete 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 Constitution of the United States Insert Congress did not act within its 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; 1998-05-28 Senate Journal Page 4238 SJR 101 (2) a preemption of state authority over the management of fish and wildlife on federal public lands in the state; and (3) other provisions. Conform changes to be consistent with previously adopted amendments. Senator Ward objected. The question being: Shall the amendment to Amendment No. 6 be adopted? The roll was taken with the following result: SJR 101 am Second Reading Amendment to Amendment No. 6 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Parnell, Pearce, Torgerson Nays: Green, Halford, Leman, Miller, Phillips, Sharp, Taylor, Ward, Wilken and so, Amendment No. 6 was amended. The question being: Shall Amendment No. 6 as amended be adopted? The roll was taken with the following result: SJR 101 am Second Reading Amendment No. 6 as amended YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie, Pearce Nays: Green, Halford, Leman, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 6 as amended failed. 1998-05-28 Senate Journal Page 4239 SJR 101 The resolution was automatically in third reading. President Miller invoked Masons Manual, Section 102. The question to be reconsidered: Shall 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, pass the Senate? The roll was taken with the following result: SJR 101 am Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Mackie and so, SENATE JOINT RESOLUTION NO. 101 am failed.