Legislature(1997 - 1998)
1998-05-28 Senate Journal
Full Journal pdf1998-05-28 Senate Journal Page 4225 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Third Day Pursuant to adjournment the Senate was called to order by President Miller at 12:10 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Sharp. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, we ask today for Your guidance in giving us the patience to seek out wise solutions. Provide us with the courage to make difficult decisions, and give us benevolence to recognize the strengths of each legislator in this body. And most importantly, Lord, help us to come together and utilize these virtues for the best interests of all Alaskans. We ask this in the Name of Jesus Christ. Amen. Senator Parnell led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the second legislative day and Senate Journal Supplement No. 8 be approved as certified by the Secretary. Without objection, it was so ordered. 4225 1998-05-28 Senate Journal Page 4226 Consideration of the Calendar Citations Honoring - Ruth H. Samsa, The Gallery, Fairbanks Arts Association Representative(s) Brice Senator(s) Wilken, Miller, Pearce, Duncan, Kelly, Taylor, Lincoln, Pearce, Leman Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Specialist David Tillett, Soldier of the Year, Fort Wainwright Representative(s) Vezey Senator(s) Wilken, Duncan, Pearce, Donley, Lincoln, Hoffman, Taylor, Kelly, Leman Honoring - Ellen Northup Representative(s) Hudson, Elton Senator(s) Duncan, Ellis, Wilken, Pearce, Lincoln, Hoffman, Taylor, Kelly, Halford, Leman Honoring - Ylli Ferati Representative(s) Cowdery Senator(s) Wilken, Duncan, Pearce, Donley, Lincoln, Hoffman, Taylor, Kelly, Leman Commemorating - The Centennial of the Philippines Representative(s) Hudson, Elton Senator(s) Duncan, Ellis, Wilken, Pearce, Lincoln, Hoffman, Taylor, Kelly, Adams, Leman 1998-05-28 Senate Journal Page 4227 Commemorating - The 75th Anniversary of the Red Dog Saloon, The Oldest Man-Made Tourist Attraction in Juneau Senator(s) Duncan, Ellis, Wilken, Pearce, Lincoln, Hoffman, Taylor, Kelly, Leman Representative(s) Elton, Hudson In Memoriam - Senator Genie Chance Senator(s) Duncan, Ellis, Wilken, Phillips, Pearce, Donley, Parnell, Lincoln, Hoffman, Taylor, Kelly, Halford, Adams, Leman Representative(s) Elton, Hudson In Memoriam - Mary Lucille Weir Senator(s) Duncan, Wilken, Pearce, Lincoln, Hoffman, Taylor, Kelly, Halford, Leman Representative(s) Elton, Hudson Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Wayne Fleek and Brian Rairick Senator(s) Kelly, Wilken, Duncan, Pearce, Donley, Lincoln, Hoffman, Taylor, Halford, Ellis, Adams, Leman Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1998-05-28 Senate Journal Page 4228 Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 12:45 p.m. Without objection, the Senate recessed at 12:28 p.m. After Recess The Senate reconvened at 12:51 p.m. Unfinished Business Reconsideration of Senate Resolutions 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. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:16 p.m. After Recess The Senate reconvened at 8:23 p.m. Unfinished Business Continued Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on May 29, 30, and 31. Without objection, Senator Halford was excused. 1998-05-28 Senate Journal Page 4240 Senator Pearce moved and asked unanimous consent that she be excused from a call of the Senate on May 29. Senator Pearce moved and asked unanimous consent that she be allowed to withdraw her motion. Without objection, it was so ordered. Enrollment SB 153 CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 153 An Act relating to issuance of special license plates was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. SB 223 CS FOR SENATE BILL NO. 223(FIN) am An Act relating to the age requirement for purposes of senior housing programs and requiring the Alaska Housing Finance Corporation to establish the age requirement, which may not be less than 55 years of age, for occupants of certain senior housing; relating to the senior housing revolving fund; repealing the senior housing bond account; relating to bonds to fund senior housing loans; repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. SB 254 CS FOR SENATE BILL NO. 254(FIN) An Act relating to the exemption from levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. 1998-05-28 Senate Journal Page 4241 SB 334 HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN) am H An Act relating to guidelines and standards for state training programs; relating to the Alaska Human Resource Investment Council; extending the termination date of the state training and employment program; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. Memorandum from Division of Legal and Research services, Legislative Affairs Agency, dated May 15 was received, reporting the following manifest error in HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN) am H that has been corrected in enrolling. Page 5, line 21 Delete and Page 5, line 25, following costs; Insert and SB 347 SENATE BILL NO. 347 An Act relating to the increase of an appropriation item based on additional federal or other program receipts was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. SB 354 SENATE BILL NO. 354 am H An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:25 a.m., May 28, 1998. 1998-05-28 Senate Journal Page 4242 SB 354 Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated May 21 was received, reporting the following manifest error in SENATE BILL NO. 354 am H that has been corrected in enrolling: Page 2, line 23, following revocation Insert , Page 3, line 15 Delete property, Insert property, Page 9, line 28 Delete has not Insert has Page 15, line 9 Delete trustee of Insert trustee or Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 29, 1998. Without objection, the Senate adjourned at 8:26 p.m. Nancy Quinto Secretary of the Senate May 1998