Legislature(2007 - 2008)

2007-05-10 House Journal

Full Journal pdf

2007-05-10                     House Journal                      Page 1241
HJR 17                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 17                                                                                              
     Encouraging Coeur Alaska, Inc., to pursue all legal options to                                                             
     resolve the issues presented in Southeast Alaska Conservation                                                              
     Council v. United States Army Corps of Engineers on behalf of                                                              
     itself and consistent with the state's efforts to enforce its rights as a                                                  
     state over its resources; and requesting the United States Court of                                                        
     Appeals for the Ninth Circuit to adjudicate those matters that                                                             
     come before the court in a fair and impartial manner so that the                                                           
     state's natural resources can be developed in a timely and lawful                                                          
     manner.                                                                                                                    
                                                                                                                                
with the:                                                       Journal Page                                                    
                                                                                                                                
 RES RPT CS(RES) NT 6DP 2DNP 1NR                                         1086                                                   
 FN1: ZERO(GOV)                                                          1087                                                   
 JUD RPT 4DP 2AM                                                         1231                                                   
 FN1: ZERO(GOV)                                                          1232                                                   
                                                                                                                                

2007-05-10                     House Journal                      Page 1242
Representative Samuels moved and asked unanimous consent that                                                                   
HJR 17 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.                                                                                                        
                                                                                                                                
Objection was heard, and the advancement motion was withdrawn.                                                                  
                                                                                                                                
**The presence of Representative Kohring was noted.                                                                             
                                                                                                                                
                                                                                                                                
Amendment No. 1 was offered  by Representatives Kawasaki,                                                                        
Edgmon, Gatto, Guttenberg, Seaton, and Olson:                                                                                   
                                                                                                                                
Page 1, lines 4 - 7 (title amendment):                                                                                          
 Delete "; and requesting the United States Court of Appeals                                                                  
for the Ninth Circuit to adjudicate those matters that come before                                                            
the court in a fair and impartial manner so that the state's natural                                                          
resources can be developed in a timely and lawful manner"                                                                     
                                                                                                                                
Page 2, lines 9 - 12:                                                                                                           
 Delete "and                                                                                                                    
 WHEREAS the United States Court of Appeals for the Ninth                                                                     
Circuit has demonstrated a pattern of antidevelopment decision                                                                  
making that has injured the people of this state, and it is anticipated                                                         
that the court will continue that pattern into the foreseeable future;"                                                         
                                                                                                                                
Page 2, lines 17 - 21:                                                                                                          
 Delete "; and be it                                                                                                            
 FURTHER RESOLVED that the Alaska State Legislature                                                                           
respectfully requests the United States Court of Appeals for the Ninth                                                          
Circuit to adjudicate those matters that come before the court in a fair                                                        
and impartial manner so that the state's natural resources may be                                                               
developed in a timely and lawful manner"                                                                                        
                                                                                                                                
Page 2, line 22, through page 3, line 28:                                                                                       
 Delete all material and insert:                                                                                                
 "COPIES of this resolution shall be sent by electronic                                                                       
transmission to the Honorable George W. Bush, President of the                                                                  
United States; the Honorable Richard B. Cheney, Vice-President of                                                               
the United States and President of the U.S. Senate; the Honorable                                                               
Nancy Pelosi, Speaker of the U.S. House of Representatives; the                                                                 

2007-05-10                     House Journal                      Page 1243
Honorable Mary M. Schroeder, Chief Judge, United States Court of                                                                
Appeals for the Ninth Circuit; the Honorable Jeff Bingaman, Chair of                                                            
the U.S. Senate Committee on Energy and Natural Resources; the                                                                  
Honorable Nick J. Rahall II, Chair of the U.S. House Committee on                                                               
Natural Resources; the Honorable Sarah Palin, Governor of Alaska;                                                               
and the Honorable Tom Irwin, Commissioner, Department of Natural                                                                
Resources; Dennis E. Wheeler, President, Coeur Alaska, Inc.; and the                                                            
Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S.                                                                    
Senators, and the Honorable Don Young, U.S. Representative,                                                                     
members of the Alaska delegation in Congress."                                                                                  
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Ramras objected.                                                                                                 
                                                                                                                                
**The presence of Representative Lynn, who was excused (page                                                                    
1227), was noted.                                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 17                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doogan, Edgmon, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula,                                                                
LeDoux, Nelson, Olson, Roses, Salmon, Seaton, Wilson                                                                            
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Fairclough, Foster, Harris,                                                                
Hawker, Johansen, Johnson, Kelly, Kohring, Lynn, Meyer, Neuman,                                                                 
Ramras, Samuels, Stoltze, Thomas                                                                                                
                                                                                                                                
Excused:  Doll                                                                                                                  
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 17 am                                                                                           
     Encouraging Coeur Alaska, Inc., to pursue all legal options to                                                             
     resolve the issues presented in Southeast Alaska Conservation                                                              

2007-05-10                     House Journal                      Page 1244
     Council v. United States Army Corps of Engineers on behalf of                                                              
     itself and consistent with the state's efforts to enforce its rights as a                                                  
     state over its resources.                                                                                                  
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
HJR 17 am be considered engrossed, advanced to third reading, and                                                               
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HJR 17 am will advance to third reading on tomorrow's calendar.