Legislature(1999 - 2000)
1999-09-27 House Journal
Full Journal pdf1999-09-27 House Journal Page 1842 HJR 202 The following was read the second time: HOUSE JOINT RESOLUTION NO. 202 Proposing an amendment to the Constitution of the State of Alaska relating to use of indigenous subsistence resources by residents. with the: Journal Page JUD RPT CS(JUD) NT 1DP 4NR 2AM 1838 2 FISCAL NOTES (F&G, GOV) 1838 FIN RPT CS(FIN) NT 7DP 2DNP 2NR 1840 2 FISCAL NOTES (F&G, GOV) 9/27/99 1840 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 202(FIN) Proposing amendments to the Constitution of the State of Alaska relating to use of renewable resources for subsistence by residents. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Mulder and Kott: Page 1, line 9, through page 2, line 1: Delete all material and insert: "(b) The legislature may, consistent with the sustained yield principle, provide a preference to and among residents to take a wild renewable resource for subsistence uses on the basis of 1999-09-27 House Journal Page 1843 HJR 202 customary and traditional use, direct dependence, the availability of alternative resources, the place of residence, or proximity to the resource. When the harvestable surplus of the resource is not sufficient to provide for all beneficial uses, other beneficial uses shall be limited to protect subsistence uses." **The presence of Representative Ogan was noted. Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 202(FIN) Second Reading Amendment No. 1 YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams Nays: Coghill, Dyson, Kohring, Masek, Ogan, Sanders, Therriault And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Ogan: Page 1, line 1, through the end (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska relating to subsistence use of renewable resources by residents. 1999-09-27 House Journal Page 1844 HJR 202 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. Article I, sec. 1, Constitution of the State of Alaska, is amended to read: Section 1. Inherent Rights. (a) This constitution is dedicated to the principles that all persons have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of their own industry; that all persons are equal and entitled to equal rights, opportunities, and protection under the law; and that all persons have corresponding obligations to the people and to the State. (b) This section does not restrict the power of the legislature to provide a preference to and among residents to take a renewable resource for subsistence under Subsection (b) of Section 4 of Article VIII. * Sec. 2. Article I, sec. 7, Constitution of the State of Alaska, is amended to read: Section 7. Due Process. (a) No person shall be deprived of life, liberty, or property, without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be infringed. (b) This section does not restrict the power of the legislature to provide a preference to and among residents to take a renewable resource for subsistence under Subsection (b) of Section 4 of Article VIII. * Sec. 3. Article VIII, sec. 3, Constitution of the State of Alaska, is amended to read: Section 3. Common Use. (a) Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use. (b) This section does not restrict the power of the legislature to provide a preference to and among residents to take a renewable resource for subsistence under Subsection (b) of Section 4 of this article. * Sec. 4. Article VIII, sec. 4, Constitution of the State of Alaska, is amended to read: Section 4. Sustained Yield. (a) Fish, forests, wildlife, grasslands, and all other replenishable resources belonging to the State shall be utilized, developed, and maintained on the sustained yield principle, subject to preferences among beneficial uses. 1999-09-27 House Journal Page 1845 HJR 202 (b) The legislature may, consistent with the sustained yield principle, provide a preference to and among residents to take a wild renewable resource for subsistence uses on the basis of customary and traditional use, direct dependence, the availability of alternative resources, the place of residence, or proximity to the resource. When the harvestable surplus of the resource is not sufficient to provide for all beneficial uses, other beneficial uses shall be limited to protect subsistence uses. * Sec. 5. Article VIII, sec. 15, Constitution of the State of Alaska, is amended to read: Section 15. No Exclusive Right of Fishery. (a) No exclusive right or special privilege of fishery shall be created or authorized in the natural waters of the State. (b) This section does not restrict the power of the State to limit entry into any fishery for purposes of resource conservation, to prevent economic distress among fishermen and those dependent upon them for a livelihood and to promote the efficient development of aquaculture in the State. (c) This section does not restrict the power of the legislature to provide a preference to and among residents to take a renewable resource for subsistence under Subsection (b) of Section 4 of this article. * Sec. 6. Article VIII, sec. 17, Constitution of the State of Alaska, is amended to read: Section 17. Uniform Application. (a) Laws and regulations governing the use or disposal of natural resources shall apply equally to all persons similarly situated with reference to the subject matter and purpose to be served by the law or regulation. (b) This section does not restrict the power of the legislature to provide a preference to and among residents to take a renewable resource for subsistence under Subsection (b) of Section 4 of this article. * Sec. 7. 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 Ogan moved and asked unanimous consent that Amendment No. 2 be adopted. 1999-09-27 House Journal Page 1846 HJR 202 Representative Phillips objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Amendment No. 2 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott, Masek, Ogan, Rokeberg, Sanders, Whitaker Nays: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Therriault, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Therriault: Page 1, Line 9, through page 2, line 1: Delete all material and insert: "(b) The legislature may, consistent with the sustained yield principle and sound resource management practices, provide a preference to and among residents for a reasonable opportunity to take a fish stock or wildlife population for nonwasteful, noncommercial subsistence uses during a time when an unusually low fish stock or wildlife population level occurs in an area in which the residents of the area are characteristically dependent upon the fish stock or wildlife population for subsistence. The preference must be based upon a resident's traditional use, direct dependence, availability of alternative resources, place of residence, and proximity to the resource." Representative Therriault moved and asked unanimous consent that Amendment No. 3 be adopted. 1999-09-27 House Journal Page 1847 HJR 202 Representative Croft objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Amendment No. 3 YEAS: 9 NAYS: 30 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, Cowdery, Dyson, James, Kott, Masek, Therriault, Whitaker Nays: Austerman, Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Williams Absent: Rokeberg And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Dyson: Page 1, line 15, following "basis of": Insert ";" Page 2, line 1, following "residence,": Delete "or" Insert "and" Representative Dyson moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1999-09-27 House Journal Page 1848 HJR 202 CSHJR 202(FIN) am Second Reading Amendment No. 4 YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott, Masek, Ogan, Sanders, Therriault, Whitaker Nays: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Williams Absent: Rokeberg And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Kerttula: Page 1, lines 1-2: (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska relating to allowing a preference for the subsistence use of wild renewable resources by residents based on place of residence and other factors." Page 2, following line 7: Insert a new bill section to read: "* Sec. 3. PURPOSE. The purpose of the amendments proposed by this resolution is to provide for a preference for subsistence uses of fish, wildlife, and other renewable natural resources; to ensure state management of fish and wildlife throughout the state; to address the constitutional infirmities identified by the Alaska Supreme Court in McDowell v. State of Alaska, 785 P.2d 1 (Alaska 1989) and State v. Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995); and to bring the state into compliance with Title VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487)." Renumber the remaining bill section accordingly. 1999-09-27 House Journal Page 1849 HJR 202 Representative Kerttula moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Representative Kerttula moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 5 was divided. Part A of Amendment No. 5: Page 1, lines 1-2: (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska relating to allowing a preference for the subsistence use of wild renewable resources by residents based on place of residence and other factors." Representative Kerttula moved and asked unanimous consent that Amendment No. 5 - Part A, be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 5 - Part A, be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Amendment No. 5 - Part A YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Foster, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Smalley, Williams 1999-09-27 House Journal Page 1850 HJR 202 Nays: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Green, Halcro, Harris, James, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker And so, Amendment No. 5 - Part A, was not adopted. Part B of Amendment No. 5: Page 2, following line 7: Insert a new bill section to read: "* Sec. 3. PURPOSE. The purpose of the amendments proposed by this resolution is to provide for a preference for subsistence uses of fish, wildlife, and other renewable natural resources; to ensure state management of fish and wildlife throughout the state; to address the constitutional infirmities identified by the Alaska Supreme Court in McDowell v. State of Alaska, 785 P.2d 1 (Alaska 1989) and State v. Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995); and to bring the state into compliance with Title VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487)." Renumber the remaining bill section accordingly. Representative Kerttula moved and asked unanimous consent that Amendment No. 5 - Part B, be adopted. Representative Therriault objected. Amendment No. 1 to Amendment No. 5 - Part B, was offered by Representative Croft: Under * Sec. 3. PURPOSE.: Delete "infirmities" Insert "issues" Representative Croft moved and asked unanimous consent that Amendment No. 1 to Amendment No. 5 - Part B, be adopted. There being no objection, it was so ordered. 1999-09-27 House Journal Page 1851 HJR 202 Amendment No. 2 to Amendment No. 5 - Part B, as amended was offered by Representative Ogan: Under * Sec. 3. PURPOSE.: Delete "ensure state" Insert "enshrine federal" Representative Ogan moved and asked unanimous consent that Amendment No. 2 to Amendment No. 5 - Part B, as amended be adopted. Objection was heard. The question being: "Shall Amendment No. 2 to Amendment No. 5 - Part B, as amended be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Am. 2 to Amendment No. 5 - Part B, as amended YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Coghill, Cowdery, James, Kohring, Masek, Ogan, Sanders, Therriault Nays: Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams And so, Amendment No. 2 to Amendment No. 5 - Part B, as amended was not adopted. Amendment No. 3 to Amendment No. 5 - Part B, as amended was offered by Representative Coghill: Under * Sec. 3. PURPOSE.: Delete "bring" Insert "force" 1999-09-27 House Journal Page 1852 HJR 202 Representative Coghill moved and asked unanimous consent that Amendment No. 3 to Amendment No. 5 - Part B, as amended be adopted. Objection was heard. The question being: "Shall Amendment No. 3 to Amendment No. 5 - Part B, as amended be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Am. 3 to Amendment No. 5 - Part B, as amended YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Coghill, Cowdery, Dyson, James, Kohring, Kott, Masek, Mulder, Ogan, Rokeberg, Sanders, Therriault, Whitaker Nays: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Murkowski, Phillips, Porter, Smalley, Williams And so, Amendment No. 3 to Amendment No. 5 - Part B, as amended was not adopted. Amendment No. 4 to Amendment No. 5 - Part B, as amended was offered by Representative Croft: Under * Sec. 3. PURPOSE.: Delete "provide" Insert "allow" Representative Croft moved and asked unanimous consent that Amendment No. 4 to Amendment No. 5 - Part B, as amended be adopted. Objection was heard. 1999-09-27 House Journal Page 1853 HJR 202 The question being: "Shall Amendment No. 4 to Amendment No. 5 - Part B, as amended be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Am. 4 to Amendment No. 5 - Part B, as amended YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Kohring, Masek, Ogan, Sanders And so, Amendment No. 4 to Amendment No. 5 - Part B, as amended was adopted. The question being: "Shall Amendment No. 5 - Part B, as amended be adopted?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Amendment No. 5 - Part B, as amended YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Murkowski, Phillips, Smalley, Whitaker, Williams Nays: Barnes, Bunde, Coghill, Cowdery, Dyson, Green, James, Kohring, Kott, Masek, Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault Kohring changed from "Yea" to "Nay". And so, Amendment No. 5 - Part B, as amended was adopted. 1999-09-27 House Journal Page 1854 HJR 202 Representative Green moved and asked unanimous consent that CSHJR 202(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ogan objected. The question being: "Shall CSHJR 202(FIN) am be advanced to third reading on the same day?" The roll was taken with the following result: CSHJR 202(FIN) am Second Reading Advance to Third Reading YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Kohring, Ogan, Sanders And so, the motion passed. CSHJR 202(FIN) am was read the third time. Representative Ogan placed a call of the House. The call was satisfied. The question being: "Shall CSHJR 202(FIN) am pass the House?" The roll was taken with the following result: CSHJR 202(FIN) am Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 1999-09-27 House Journal Page 1855 HJR 202 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Williams Nays: Barnes, Coghill, Cowdery, Dyson, James, Kohring, Kott, Masek, Ogan, Sanders, Therriault, Whitaker And so, CSHJR 202(FIN) am passed the House and was referred to the Chief Clerk for engrossment.