Legislature(1997 - 1998)

1998-05-28 Senate Journal

Full Journal pdf

1998-05-28                     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.