Legislature(1999 - 2000)

1999-09-22 Senate Journal

Full Journal pdf

1999-09-22                     Senate Journal                      Page 1827
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                            TWENTY-FIRST LEGISLATURE                           
                                                                               
                             SECOND SPECIAL SESSION                            
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                   First Day                                   
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 1:10 p.m.                                                            
                                                                               
The roll showed eighteen members present. Senators Pete Kelly,                 
Taylor were absent.                                                            
                                                                               
Senator Mackie moved and asked unanimous consent that Senators                 
Pete Kelly, Taylor be excused from a call of the Senate because of             
weather. Without objection, Senators Pete Kelly, Taylor were                   
excused.                                                                       
                                                                               
The prayer was offered by the Chaplain, Tom Moffatt of St.                     
Nicholas Orthodox Christian Church of Juneau. Senator Hoffman                  
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Let us pray for the repose of the soul of newly                               
departed handmaiden of God Gertrude Williams,                                  
mother-in-law of our Senate President: O God of                                
spirits, and of all flesh, Who hast trampled down                              
death and overthrown the Devil, and given life to                              
Thy world; Do Thou, the same Lord, give rest to                                
the soul of Thy departed servant Gertrude, in a                                
place of brightness, a place of refreshment, a place                           
of repose, where all sickness, sighing, and sorrow                             
have fled away. Pardon every transgression which                               
she has committed, whether by word or deed or                                  
thought. For Thou art a good God and lovest                                    
mankind;  because there is no woman who lives yet                              
                                                                               
                                      1827                                     

1999-09-22                     Senate Journal                      Page 1828
does not sin; for Thou only art without sin; Thy                              
righteousness is to all eternity; and Thy word is                              
truth.                                                                         
                                                                               
For Thou art the Resurrection, the Life, and the                              
Repose of Thy servant Gertrude who is fallen                                   
asleep, O Christ our God, and unto Thee we ascribe                             
glory, together with Thy Father, Who is from                                   
everlasting, and Thine all-holy, good, and life-                               
creating Spirit, now and ever and unto ages of ages,                           
amen.                                                                          
                                                                               
Now, Lord, look down from Heaven upon these,                                  
Your Senators, gathered here. Endow them with the                              
wisdom to discern a right course of action and                                 
allow them to understand that ultimately it is Your                            
will that shall be done.                        Amen.                          
                                                                               
Senator Wilken led the Senate in the Pledge of Allegiance.                     
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the sixth legislative day of the First Special Session, the First          
Supplement of the First Session and the First Special Session of the           
Twenty-first Legislature and Senate Journal Supplements No. 5 and              
No. 6 be approved as certified by the Secretary. Without objection,            
it was so ordered.                                                             
                                                                               
                                                                               
                          Messages from the Governor                         
                                                                               
The secretary read the following:                                              
                                                                               
                                                                               

1999-09-22                     Senate Journal                      Page 1829
                            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 Twenty-First       
Legislature of the State of Alaska into its second special session at          
Juneau, Alaska, in the Legislative chambers on September 22, 1999,             
at 1:00 p.m., to consider an amendment to the Alaska Constitution              
granting authority to the legislature to provide a priority in the taking      
of fish and wildlife and other renewable natural resources for                 
subsistence uses.                                                              
                                                                               
Dated at Anchorage, Alaska this 2nd day of September 1999.                     
                                                                               
					/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 subsistence use of                                 
renewable natural resources by residents of the state;                         
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Fiscal notes published today from Department of Fish and Game,                 
Office of the Governor.                                                        
                                                                               
Governors transmittal letter dated September 22, 1999:                         
                                                                               
                                                                               

1999-09-22                     Senate Journal                      Page 1830
SJR 201                                                                      
Dear President Pearce:                                                         
                                                                               
On October 1 the federal government will take over management of               
subsistence fishing on nearly 60 percent of Alaskas rivers and lakes.          
That date will mark a historic reversal of Alaskas independence.               
Our state will lose the right to manage a significant portion of the           
fish and wildlife within its borders, a right that was at the heart of         
the battle for Alaska Statehood. Today I am once again putting                 
forward the only approach that will prevent this federal takeover--a           
simple, permissive constitutional amendment to be placed before the            
voters at the next general election.                                           
                                                                               
In the past, the consequences of inaction by the Legislature have              
been postponed by the action of our Congressional delegation and               
the Secretary of Interior, but the messages from Washington now are            
loud and clear: No one is going to bail us out again; there are no             
more reprieves. Either the Legislature acts to bring the state into            
compliance with the provisions of ANILCA, or the federal                       
government will expand its current management of game resources                
on federal lands to include the management of fisheries for                    
subsistence on inland rivers and lakes within and adjacent to federal          
public lands.                                                                  
                                                                               
The potential impact of fisheries management is far greater than that          
of game management. Because of the complexity of fishery                       
management, the federal government's reach, under the federal case             
law principle of extra-territoriality, could well extend to fish now           
managed by the state in waters distant from federal lands.                     
                                                                               
This joint resolution calls for a vote on a state constitutional               
amendment to permit a preference to rural residents for subsistence            
uses of renewable natural resources, a principle a majority of                 
Alaskans support. Subsistence defines the special tie we as Alaskans           
have to our land. It makes us unique among the 50 states. In rural             
Alaska, subsistence is the special bond that defines the very essence          
of the rural way of life.                                                      
                                                                               
                                                                               

1999-09-22                     Senate Journal                      Page 1831
SJR 201                                                                      
The language of the amendment is similar to what I have proposed               
in the past and what has been recommended by the Governors                     
Subsistence Task Force and rural legislators. When the amendment               
is coupled with appropriate statutory changes, it will enable the state        
to comply with ANILCA, thereby retaining complete management of                
fish and regaining management of wildlife on all land and water in             
Alaska.                                                                        
                                                                               
Over the years, we have studied many options for resolving the                 
subsistence issue. Now, we are down to two. We can place a simple,             
permissive constitutional amendment on the ballot to be decided by             
Alaskans, or we can relinquish, without a whimper, some of our                 
most precious assets to the heavy hand of federal management.                  
There are no other alternatives.                                               
                                                                               
Every public opinion survey says Alaskans want us to act to preserve           
state sovereignty and the culture of rural residents. As elected               
leaders, I urge you to demonstrate your faith in Alaskans by                   
allowing a vote on this measure that will avert a federal takeover.            
                                                                               
Sincerely,                                                                
/s/                                                                       
Tony Knowles                                                              
Governor                                                                  
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Tim Kelly, Rules Committee Chair, introduced the Second                
Special Session Chamber Staff as follows:                                      
                                                                               
Sergeant at Arms                                                            
	Ian Fisk                                                                      
                                                                               
	Assistant Sergeant at Arms                                                  
	Chris Blalock                                                                 
                                                                               
	Senate Pages                                                                
	Angie Robinson                                                                
	Kimberly Hanger                                                               
                                                                               

1999-09-22                     Senate Journal                      Page 1832
Senator Mackie moved and asked unanimous consent that the Senate               
return to Messages from the House. Without objection, the Senate               
returned to:                                                                   
                                                                               
                           Messages from the House                           
                                                                               
Message dated September 22 was read, stating:                                  
                                                                               
The House of Representatives respectfully invites the Senate to a              
Joint Session of the Legislature at 11:00 a.m. on Friday, September            
24, for the purpose of taking up the veto override of bills vetoed by          
the Governor after the end of last session.                                    
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
accept the House invitation to meet in Joint Session. Without                  
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 1:00 p.m., September 23, 1999. Without              
objection, the Senate adjourned at 1:25 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                        September 1999         

1999-09-22                     Senate Journal                      Page 1833
                                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.                            
                                                                               
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
= indicates bill previously heard/scheduled                                    
                                                                               
                                  RESOURCES                                  
Sep 22                         Wednesday 4:00 PM                               
                               SENATE FINANCE 532                              
	**NOTE LOCATION CHANGE***                                                    
	SJR201CONST.AM: RURAL SUBSISTENCE PRIORITY                                   
                                                                               
Sep 23                          Thursday 2:00 PM                               
                               SENATE FINANCE 532                              
=	SJR201CONST.AM: RURAL SUBSISTENCE PRIORITY                                  
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                           ARMED SERVICES COMMITTEE                          
                                BUTROVICH RM 205                               
Sep 23                         Thursday 10:30 AM                               
	AGENDA TO BE ANNOUNCED                                                       
                    ----------------------------------------                   
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Sep 23                          Thursday 8:30 AM                               
	AGENDA: CALL TO ORDER, ROLL CALL & MINUTES                                   
	RPLS, EXECUTIVE SESSION, AUDIT REPORTS, AND                                  
	OTHER BUSINESS                                                               
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                                BUTROVICH RM 205                               
Sep 24                           Friday 1:00 PM                                

1999-09-22                     Senate Journal                      Page 1834
                         SPECIAL COMMITTEE ON MERGERS                        
                                BUTROVICH RM 205                               
Sep 24                           Friday 9:00 AM                                
	PROPOSED BP/ARCO MERGER                                                      
	EXECUTIVE SESSION: LEGISLATIVE BRIEFING                                      
                                                                               
                                OTHER MEETINGS                               
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
Sep 24                          Friday 11:00 AM                                
	TAKE UP GOVERNORS VETOES                                                     
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                                BUTROVICH RM 205                               
Sep 22                         Wednesday 1:35 PM                               
		      ----------------------------------------                               
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
Sep 22                         Wednesday 1:35 PM                               
	JT WITH HOUSE MINORITY                                                       
                    ----------------------------------------                   
                                                                               
                                                                               
                         COMMISSION ON PRIVATIZATION                         
                                 ANCHORAGE LIO                                 
Oct 18	***MEETING CANCELLED***                                                 
		FULL COMMITTEE                                                               
Oct 20                         Wednesday 9:00 AM                               
+	FULL COMMITTEE                                                              
                                                                               
Oct 28                         Wednesday 9:00 AM                               
+		FULL COMMITTEE                                                              
                                                                               
                                                                               
                                SUBCOMMITTEES                                
                          COMMISSION ON PRIVATIZATION                         
                                ANCHORAGE LIO                                 
Sep 22                             Wednesday                                   
+		COURTS                                                     12:00 PM         
+		ENVIRONMENTAL CONSERVATION                                  1:30 PM         
+	LABOR                                                       2:30 PM         
+		COMMUNITY AND ECONOMIC DEVELOPMENT                          3:30 PM         

1999-09-22                     Senate Journal                      Page 1835
                                SUBCOMMITTEES                                
                         COMMISSION ON PRIVATIZATION                         
Sep 23                              Thursday                                   
		***RESCHEDULED TO 9/22***                                                    
+		ENVIRONMENTAL CONSERVATION                                  1:30 PM         
                                                                               
                                                                               
Sep 24                               Friday                                    
+	TRANSPORTATION AND PUBLIC FACILITIES                       10:00 AM         
+		PUBLIC SAFETY                                              10:30 AM         
                                                                               
Sep 27                               Monday                                    
+		GOVERNOR                                                   10:00 AM         
+		EDUCATION                                                  12:00 PM         
+		NATURAL RESOURCES                                           4:00 PM         
                                                                               
Sep 28                              Tuesday                                    
+		HEALTH AND SOCIAL SERVICES                                 11:00 AM         
+		CORRECTIONS                                                12:00 PM         
+	FISH AND GAME                                               3:00 PM         
                                                                               
Sep 29                             Wednesday                                   
+		REVENUE                                                     8:00 AM         
+	COURTS                                                     12:00 PM         
+	LABOR                                                       2:30 PM         
+		COMMUNITY AND ECONOMIC DEVELOPMENT                          3:30 PM         
                                                                               
Sep 30                              Thursday                                   
+		LAW                                                        11:30 AM         
		MILITARY & VETERANS AFFAIRS                                 11:30 AM         
+		ENVIRONMENTAL CONSERVATION                                  1:30 PM         
                                                                               
                                                                               
For further Privatization meetings please check the following web sites:       
www.privatizealaska.org or www.legis.state.ak.us/basis21.htm                   
                                                                               
Or call the Senate Secretary at 465-3701.