00 SENATE JOINT RESOLUTION NO. 101 am H(fld H)                                                                           
01 Proposing amendments to the Constitution of the State of Alaska relating to                                             
02 establishing a priority for subsistence uses of fish and wildlife; and providing for                                    
03 an effective date and repeal of the subsistence amendment.                                                              
04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                              
05    * Section 1.  Article VIII, Constitution of the State of Alaska, is amended by adding a new                        
06 section to read:                                                                                                        
07  Section 19.  Subsistence Priority. The legislature shall, consistent with the                                       
08 sustained yield principle, provide a priority for subsistence uses of a fish or wildlife                                
09 resource by residents of a community or area that is substantially dependent on fish                                    
10 and wildlife for nutritional and other subsistence uses.  The priority may be based on                                  
11 place of residence.                                                                                                     
12    * Sec. 2.  Article XV, Constitution of the State of Alaska, is amended by adding a new                             
13 section to read:                                                                                                        
14  Section 29.  Effective Date and Repeal of Amendment.  (a)  If adopted by                                            
01 the voters at the 1998 general election, the amendment set out in Section 19 of Article                                 
02 VIII, regarding subsistence, takes effect on the earlier of October 1, 2002 or the date                                 
03 of a final nonappealable judgment or order by a federal court deciding whether or not                                   
04 the rural subsistence priority in Title VIII, Alaska Native Interest Lands Conservation                                 
05 Act (P.L. 96-487), as amended, violates the Constitution of the United States.                                          
06  (b)  Section 19 of Article VIII, regarding subsistence, is repealed on the date                                       
07 of a final, nonappealable judgment or order by a federal court deciding that the rural                                  
08 subsistence priority in Title VIII, Alaska National Interest Lands Conservation Act                                     
09 (P.L. 96-487), as amended, violates the Constitution of the United States.                                              
10  (c)  In (b) of this section, "final, nonappealable judgment or order" means a                                         
11 judgment or an order that cannot be appealed because all possible appeals, including                                    
12 a petition for certiorari to the United States Supreme Court, have been taken or the                                    
13 time for taking an appeal has expired without appeal.                                                                   
14    * Sec. 3.  The amendments proposed by this resolution shall be placed before the voters of                         
15 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the                        
16 State of Alaska, and the election laws of the state.