Legislature(1997 - 1998)
1998-07-20 Senate Journal
Full Journal pdf1998-07-20 Senate Journal Page 4327 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE SECOND SPECIAL SESSION Juneau, Alaska First Day Pursuant to adjournment the Senate was called to order by President Miller at 1:14 p.m. The roll showed eighteen members present. Senators Leman, Mackie were absent. The prayer was offered by the Chaplain, Senator Green. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Dear Heavenly Father, we thank You for the knowledge that You are among us as we are gathered here. We ask You for the wisdom to make good decisions and the patience to understand and study what we need to be talking about. Each of us has an area in which we need special consideration. We ask for Your understanding as we deliberate. We ask You particularly to be with the members of the Cliff Groh family today as we have just learned that our associate and colleague, a former member of the body, passed away last night. He was a very dear and special man. Please hold his family in safekeeping. Our thoughts are with them. We ask You to remember our families as we are separated from them. We ask these things in Jesus Name. Amen. Senator Kelly led the Senate in the Pledge of Allegiance. 4327 1998-07-20 Senate Journal Page 4328 Certification Senator Taylor moved and asked unanimous consent that the journal for the seventh legislative day of the First Special Session and the final journal supplement for the Second Session and the First Special Session of the Twentieth Legislature be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor The secretary read the following: Executive Proclamation Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska Constitution, and in the public interest, I call the Twentieth Legislature of the State of Alaska into its second special session at Juneau, Alaska, in the legislative chambers on July 20, 1998, at 1 p.m., to consider the following subjects: (1) an amendment to the Alaska Constitution granting authority to the Legislature to provide a priority for the taking of fish and wildlife for subsistence uses, including provisions that set an effective date for the amendment, and providing for its repeal on the date of a final nonappealable order or judgment of 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; (2) laws implementing the priority described in (1) of this proclamation; and (3) a law authorizing the Alaska Legislative Council to sue on behalf of the state in Legislative Council v. Babbitt, Civil No. 1:98CV0069(JR), United States District Court for the District of Columbia, concerning the validity of federal statutes requiring a rural subsistence priority. 1998-07-20 Senate Journal Page 4329 Dated at Juneau, Alaska this 3rd day of July, 1998. /s/ Tony Knowles Governor Introduction and Reference of Senate Resolutions SJR 201 SENATE JOINT RESOLUTION NO. 201 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, Proposing an amendment to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and relating to the effective date and repeal of the subsistence amendment. was read the first time and referred to the Resources Committee. Zero fiscal notes published today from Office of the Governor, Department of Law. Governors transmittal letter dated July 20: Dear President Miller: The attached joint resolution, calling for a vote on a state constitutional amendment, is the key element of a compromise plan developed at the end of the last special session. Along with a bill I am also introducing today on legal standing, this resolution offers a solution to Alaska's longstanding subsistence dilemma. The measure is the foundation of a plan that will enable the state to regain and retain complete management of fish and wildlife on all land and water in Alaska. 1998-07-20 Senate Journal Page 4330 SJR 201 This legislation will allow the people of the state to vote in this November's general election to amend the Alaska Constitution. The constitutional amendment would require the Legislature to provide a subsistence priority for residents of an area substantially dependent on fish and wildlife. The priority may be based on place of residence. The resolution also addresses concerns over the on-going court challenge to ANILCA's subsistence provisions. If approved by the voters, the constitutional amendment would not take effect until October 1, 2000, allowing time to pursue legal action. Should a final court decision find ANILCA's subsistence priority unconstitutional, the state constitutional amendment would be automatically repealed. Since the last special session this approach has been reviewed and received the support of the Secretary of the Interior and Alaska's Congressional Delegation. If favorable action is taken on a constitutional amendment this year, the Secretary has agreed to delay further federal takeover of fish and wildlife management now slated for December 1 of this year. To regain state management, however, the Legislature must still pass state statutory changes necessary to comply with ANILCA. Giving Alaskans an opportunity to make their contribution to solving the dilemma by allowing them to vote on the amendment is critical. To adopt the proposal, the Legislature must act prior to the July 26 deadline for placing an amendment on the November ballot. I urge the Legislature to demonstrate its faith in Alaskans by promptly considering and passing this resolution. This is our last opportunity for a number of years to prevent the federal government from dominating the management of fish and wildlife in Alaska. Sincerely, /s/ Tony Knowles Governor 1998-07-20 Senate Journal Page 4331 Introduction and Reference of Senate Bills SB 2001 SENATE BILL NO. 2001 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act authorizing the Alaska Legislative Council to sue on behalf of the state concerning the validity of a rural subsistence priority conferred in federal statute; and providing for an effective date. was read the first time and referred to the Resources Committee. Zero fiscal note published today from Department of Law. Governors transmittal letter dated July 20: Dear President Miller: The attached legislation was developed at the end of the last special session as part of a compromise approach to resolve the subsistence dilemma. Along with a constitutional amendment, which I am also transmitting today, this compromise is the fundamental step in regaining and retaining full state management of our fish and wildlife resources. The bill grants the authority for the Alaska Legislative Council to pursue a constitutional challenge of Title VIII of ANILCA. This will confer legal standing to the Council in its current lawsuit before the U.S. District Court. Although I personally do not support this suit, I will allow this bill to become law as part of the overall compromise approach to provide for subsistence under state management of fish and wildlife resources. 1998-07-20 Senate Journal Page 4332 SB 2001 I urge the Legislature to take swift action on this and the constitutional amendment so we can allow the Alaskan voters to decide this long-standing issue once and for all. Sincerely, /s/ Tony Knowles Governor Unfinished Business HB 325 Memorandum regarding CONFERENCE CS FOR HOUSE BILL NO. 325(brf sup maj fld H/S) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date, from Pamela Finley, Revisor of Statutes, Division of Legal and Research Services, Legislative Affairs Agency, dated July 17, 1998 was received, stating: Please be advised that we have found the following manifest error in section 32, ch. 137, SLA 1998, page 66, lines 17-18: first session of the twentieth legislature should be second session of the twentieth legislature. In addition, while this is not an error that I can correct, the Office of Management and Budget (OMB) has stated that the lining out of an allocation in sec. 31, ch. 137, SLA 1998 at page 54, line 24 (Judicial services - Anchorage--$2,048,200) was inadvertent. The OMBs letter is attached. Because the chapters have already been printed, we will simply include this notice and the attached letter in the 1998 Session Laws and also ask the publisher of the Alaska Statutes to print them in the 1998 Temporary & Special Acts pamphlet. 1998-07-20 Senate Journal Page 4333 Senator Kelly introduced the Senate Pages for the Second Special Session of the Twentieth Legislature: Ethan Falatko, Sergeant at Arms Amanda Hoffer, Assistant Sergeant at Arms Chris Blalock Scotty Jackson Ian Simpson President Miller announced that he and Senator Taylor would inform the Governors Office of the passing of Senator Cliff Groh and request that flags be lowered to half mast. Announcements Announcements are at the end of the journal. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 1:00 p.m., July 21, 1998. Without objection, the Senate adjourned at 1:22 p.m. Nancy Quinto Secretary of the Senate July 1998 1998-07-20 Senate Journal Page 4334 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. + indicates teleconference SENATE STANDING COMMITTEES + indicates teleconference RESOURCES JUL 20 MONDAY 4:00 PM SENATE FINANCE 532 SB2001RURAL SUBSISTENCE PRIORITY LAW SUIT SJR201SUBSISTENCE PRIORITY IN RURAL AREAS JOINT COMMITTEES ELECTRIC UTILITY RESTRUCTURING ANCHORAGE LIO AUG 06 THURSDAY 10:00 AM 10:00 AM TESTIMONY FROM ELECTRIC ASSOCIATIONS LOCATION: ANCHORAGE LIO 716 WEST 4TH AVENUE AUG 18 TUESDAY 12:00 PM PUBLIC HEARING