Legislature(1997 - 1998)

1998-05-28 House Journal

Full Journal pdf

1998-05-28                     House Journal                      Page 3982
HJR 101                                                                      
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 101                                                
Proposing an amendment to the Constitution of the State of Alaska             
authorizing a priority for subsistence uses of renewable natural               
resources that is based on place of residence; and providing for an            
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
RES RPT 4DP 3DNP 1NR                                              3978         
ZERO FISCAL NOTE (GOV)                                            3979         
ZERO FISCAL NOTE (LAW) 5/26/98                                    3979         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Kubina:                          
                                                                               
Page 1, line 1 (title amendment):                                              
	Delete "an amendment"                                                       
	Insert "amendments"                                                         
                                                                               
Page 1, line 3, following "residence" (title amendment):                     
	Insert "and providing for the repeal of that authorization"                 
                                                                               
Page 1, following line 9:                                                      
	Insert a new resolution section to read:                                      
                                                                               
"*Sec. 2. Article XV, Constitution of the State of Alaska, is amended        
by adding a new section to read:                                               
                                                                               
		Section 29. Repeal of Amendment.  The 1998                                
amendment regarding subsistence (art. VIII, sec. 19) is repealed               
180 days after the date of a final non-appealable judgement or                 
order by a federal court deciding that the rural subsistence priority          
in 16 U.S.C. 3114 (Sec. 804, Alaska National Interest Lands                    
Conservation Act, P.L. 96-487, as amended by P.L. 105-83)                      
violates the United States Constitution.  In this section, "final, non-        
appealable  judgment  or order" means a judgment or  order that                

1998-05-28                     House Journal                      Page 3983
HJR 101                                                                      
cannot be appealed because all possible appeals, including a                  
petition for certiorari to the United States Supreme Court, have               
been taken or the time for taking an appeal has expired without                
appeal."                                                                       
                                                                               
Page 1, line 10:                                                               
	Delete "amendment"                                                            
	Insert "amendments"                                                           
                                                                               
Page 1, line 13:                                                               
	Delete "amendment"                                                            
	Insert "amendments"                                                           
                                                                               
Page 1, line 14:                                                               
	Delete "takes"                                                                
	Insert "take"                                                                 
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
**The presence of Representative Davies was noted.                             
                                                                               
Representative Kubina placed a call of the House.                              
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HJR 101                                                                        
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule,               
Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips,             
Porter, Rokeberg, Williams                                                     

1998-05-28                     House Journal                      Page 3984
HJR 101                                                                      
Nays:  Barnes, Cowdery, Dyson, Hanley, James, Kelly, Kohring,                  
Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey                          
                                                                               
Bunde changed from "Nay" to "Yea".                                             
                                                                               
And so, Amendment No. 1 was adopted and the new title appears                  
below:                                                                         
                                                                               
HOUSE JOINT RESOLUTION NO. 101 am                                             
Proposing amendments to the Constitution of the State of Alaska               
authorizing a priority for subsistence uses of renewable natural               
resources that is based on place of residence and providing for the            
repeal of that authorization; and providing for an effective date.             
                                                                               
Representative Porter moved and asked unanimous consent that HJR
101 am be considered engrossed, advanced to third reading and placed           
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 101 am was read the third time.                                            
                                                                               
The question being:  "Shall HJR 101 am pass the House?"  The roll              
was taken with the following result:                                           
                                                                               
HJR 101 am                                                                     
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton,               
Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina,            
Moses, Nicholia, Phillips, Porter, Williams                                    
                                                                               
Nays:  Barnes, Bunde, Cowdery, Dyson, Green, Hanley, Hodgins,                  
James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Rokeberg,            
Ryan, Sanders, Therriault, Vezey                                               
                                                                               
And so, lacking the necessary 27 votes, HJR 101 am failed to pass the          
House.                                                                         
                                                                               
Representative Porter gave notice of reconsideration of his vote on            
HJR 101 am(fld H).