Legislature(1997 - 1998)
1998-05-31 House Journal
Full Journal pdf1998-05-31 House Journal Page 4024 SJR 101 Representative Porter moved and asked unanimous consent that the reconsideration of SJR 101 am H(fld H) be taken up on the same day. Representative Kubina objected. 1998-05-31 House Journal Page 4025 SJR 101 Representative Porter placed a call of the House on the resolution. The call was satisfied. The question being: "Shall the reconsideration of SJR 101 am H(fld H) be taken up on the same day?" The roll was taken with the following result: SJR 101 am H--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey And so, the motion passed. The following was again before the House in third reading: SENATE JOINT RESOLUTION NO. 101 am H Proposing amendments to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendment. Representative Porter moved and asked unanimous consent that SJR 101 am H be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Barnes, Green and Hudson: 1998-05-31 House Journal Page 4026 SJR 101 Page 1, line 7, through page 2, line 31: Delete all material and insert: "Section 19. Subsistence Preference. (a) The legislature may, consistent with the sustained yield principle, provide a preference for subsistence uses in the taking of fish and wildlife based on place of residence. (b) A preference established under (a) of this section shall not adversely diminish the utilization of forests, grasslands, or other replenishable resources or mineral, water, or other natural resources of the State. * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new section to read: Section 29. Effective Date and Repeal of Subsistence Amendment. (a) The governor shall certify the date that federal law governing subsistence uses of fish and wildlife on federal public lands in the State (1) defines the term "public lands" to expressly exclude (A) any and all State and private lands and waters, including any and all navigable waters; and (B) any federal interest in waters arising under the navigational servitude or doctrine of reserved waters; (2) waives federal jurisdiction, as provided or otherwise asserted under the Alaska National Interest Lands Conservation Act (P.L. 96-487), as amended, over any and all State and private lands and waters, including any and all navigable waters, in the State transferred to the State under the Submerged Lands Act of 1953 or the Alaska Statehood Act; and (3) acknowledges that the laws of the State that are in existence on December1, 1998, are consistent with provisions of federal law governing the subsistence uses of fish and wildlife on federal public lands in the State. (b) Section 19 of Article VIII, regarding a preference for subsistence uses of fish and wildlife, takes effect on the day after the date on which the legislature adopts a resolution concurring with the governors certification under (a) of this section. (c) Section 19 of Article VIII, regarding a preference for subsistence uses of fish and wildlife, is repealed if a federal court issues a final decision that a provision of Title VIII, Alaska National Interest Lands Conservation Act (P.L. 96-487), violates the Constitution of the United States. 1998-05-31 House Journal Page 4027 SJR 101 (d) For the purposes of (c) of this section, Section 19 of Article VIII is repealed on the day after the date of the final decision. The date of the final decision is (1) the date the time for appellate review of the decision expires without request for appellate review; or (2) for a final decision by the Supreme Court of the United States, the date of the decision itself." Representative Porter moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Davies objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SJR 101 am H--RECONSIDERATION Second Reading Amendment No. 3 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Kott, Martin, Masek, Mulder, Phillips, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Moses, Nicholia, Ogan, Porter, Vezey And so, Amendment No. 3 was not adopted. Amendment No. 4 was not offered. Representative Porter moved and asked unanimous consent that SJR 101 am H be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Porter: 1998-05-31 House Journal Page 4028 SJR 101 Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska authorizing a priority for subsistence uses of fish and wildlife that is based on place of residence; and providing for an effective date. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. ArticleVIII, Constitution of the State of Alaska, is amended by adding a new section to read: Section 19. Subsistence Priority. The legislature may, consistent with the sustained yield principle, provide a priority for subsistence uses in the taking of fish and wildlife based on place of residence. * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding new sections to read: Section 29. Effective Date of Subsistence Amendment. (a) Section 19 of Article VIII, regarding a priority for subsistence uses of fish and wildlife, takes effect on the day following the later of the date of a final decision of a federal court in cases described in (b) of this section that the Congress of the United States acted within the scope of its constitutional authority by enacting the Alaska National Interest Lands Conservation Act (P.L. 96-487), which included the following: (1) a rural resident preference for subsistence uses of fish and wildlife; (2) a preemption of state authority over the management of fish and wildlife on federal public lands in the State; and (3) other provisions. (b) A final decision as described in (a) of this section may occur only in Alaska Legislative Council v. Babbitt, Civil No. 1:98CV0069(JR), United States District Court for the District of Columbia, or in another case filed within one year after the dismissal of Alaska Legislative Council v. Babbitt under circumstances that do not produce a final decision as described in (a) of this section, including but not limited to lack of standing of all plaintiffs. (c) For the purposes of (a) of this section, the date of a final decision is (1) the date the time for appellate review of the decision expires without request for appellate review; or 1998-05-31 House Journal Page 4029 SJR 101 (2) for a final decision by the Supreme Court of the United States, the date of the decision itself. Section 30. Subsistence Litigation. The governor whose term of office begins at noon on the first Monday of December 1998 shall, within three months from the beginning of the governors term of office, bring a legal action in the United States Supreme Court challenging the constitutionality of the Alaska National Interest Lands Conservation Act (P.L. 96-487), which included provisions that establish a rural resident preference for subsistence uses of fish and wildlife and that preempt State authority over management of fish and wildlife on federal public lands in the State. This legal action shall address conflicts between the sovereignty of the State and the federal government regarding the authority to manage or regulate all fish and wildlife resources in the State and the navigable waters of the State. The governor shall also join existing litigation that challenges the Alaska National Interest Lands Conservation Act (P.L. 96-487). The governor shall vigorously pursue the litigation described in this section. * Sec. 3. 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 Porter moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SJR 101 am H--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Green, Hanley, Hodgins, Hudson, Kelly, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1998-05-31 House Journal Page 4030 SJR 101 Nays: Austerman, Barnes, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Nicholia, Ogan, Sanders And so, Amendment No. 5 was not adopted. The question to be reconsidered: "Shall SJR 101 am H pass the House?" The roll was taken with the following result: SJR 101 am H--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Barnes, Cowdery, Dyson, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey And so, lacking the necessary 27 votes, SJR 101 am H failed to pass the House on reconsideration. SJR 101 am H(fld H) was returned to the Senate for permanent filing.