Legislature(1997 - 1998)
1998-07-20 House Journal
Full Journal pdf1998-07-20 House Journal Page 4119 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SPECIAL SESSION Juneau, Alaska Monday July 20, 1998 First Day Pursuant to the following Governor's proclamation, the House was called to order by Speaker Phillips at 1:18 p.m. "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 Twentieth Legislature of the State of Alaska into its second special session at Juneau, Alaska, in the legislative chambers on July 20, 1998, at 1 p.m., to consider the following subjects: (1) an amendment to the Alaska Constitution granting authority to the Legislature to provide a priority for the taking of fish and wildlife for subsistence uses, including provisions that set an effective date for the amendment, and providing for its repeal on the date of a final nonappealable order or judgment of a federal court deciding that the rural subsistence priority in Title VIII, Alaska National Interest Lands Conservation Act, P.L. 96-487, as amended, violates the Constitution of the United States; (2) laws implementing the priority described in (1) of this proclamation; and (3) a law authorizing the Alaska Legislative Council to sue on behalf of the state in Legislative Council v. Babbitt, Civil No. 1:98CV0069(JR), United States District Court for the District of Columbia, concerning the validity of federal statutes requiring a rural subsistence priority. 1998-07-20 House Journal Page 4120 Dated at Juneau, Alaska this 3rd day of July, 1998. Done by /s/ Tony Knowles, Governor" Roll call showed 36 members present. Representatives Austerman, Martin, Moses and Vezey were absent. The invocation was offered by the Chaplain Designee, Representative Green. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, Almighty God, we thank You for this opportunity to gather in Your presence. Lord, we as children of Yours know that without You, we are nothing. Dear God, we would ask that even though You made us individuals and that we come from various parts of the state representing people of individuality, we are all Your children. Lord, we would ask that the Holy Spirit be with us so that in our deliberations there will be no rancor or malice, that we would arrive at a decision that would be pleasing in Your sight. In Jesus' name we ask this. Amen. " The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the sixth and seventh legislative days of the First Special Session and the Final Supplement for the Second Regular Session and the First Special Session dated July 15, 1998, be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1998-07-20 House Journal Page 4121 ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 7/20 Minority Caucus upon recess, 7/20 The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 1:30 p.m. AFTER RECESS The Speaker called the House back to order at 5:02 p.m. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Gordon C. Jensen on his 80th Birthday By Representative Grussendorf Honoring - E. Jean Kaufman By Representative Rokeberg Honoring - Royce Roberts, Kenai River Homeowners' Advocate By Representative Hodgins Honoring - Keith Storey By Representative Ryan Honoring - Donna Tollman By Representative Kubina; Senator Lincoln Honoring - Christine Smith By Representative Brice Honoring - Cook Inlet Regional Citizens Advisory Council By Representative Hodgins 1998-07-20 House Journal Page 4122 Honoring - Youth Restoration Corps By Senator Torgerson Honoring - Bruce J. Tedtsen, School Board Service By Senator Mackie In Memoriam - Gene R. "G.R." Williams By Representative Phillips In Memoriam - Hazel Parrish Heath By Representative Phillips In Memoriam - Steve Hafling By Representative Rokeberg In Memoriam - Eske Eskesen By Representative Rokeberg In Memoriam - Ernest William "Ernie" Knackstedt, Kenai Pioneer By Representative Hodgins INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 201 HOUSE JOINT RESOLUTION NO. 201 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska relating to establishing a priority for subsistence uses of fish and wildlife; and relating to the effective date and repeal of the subsistence amendment. was read the first time and referred to the Rules Committee. The following fiscal notes apply: Zero fiscal note, Office of the Governor, 7/20/98 Zero fiscal note, Dept. of Law, 7/20/98 1998-07-20 House Journal Page 4123 HJR 201 The Governor's transmittal letter dated July 20, 1998, appears below: "Dear Speaker Phillips: The attached joint resolution, calling for a vote on a state constitutional amendment, is the key element of a compromise plan developed at the end of the last special session. Along with a bill I am also introducing today on legal standing, this resolution offers a solution to Alaska's longstanding subsistence dilemma. The measure is the foundation of a plan that will enable the state to regain and retain complete management of fish and wildlife on all land and water in Alaska. This legislation will allow the people of the state to vote in this November's general election to amend the Alaska Constitution. The constitutional amendment would require the Legislature to provide a subsistence priority for residents of an area substantially dependent on fish and wildlife. The priority may be based on place of residence. The resolution also addresses concerns over the on-going court challenge to ANILCA's subsistence provisions. If approved by the voters, the constitutional amendment would not take effect until October 1, 2000, allowing time to pursue legal action. Should a final court decision find ANILCA's subsistence priority unconstitutional, the state constitutional amendment would be automatically repealed. Since the last special session this approach has been reviewed and received the support of the Secretary of the Interior and Alaska's Congressional Delegation. If favorable action is taken on a constitutional amendment this year, the Secretary has agreed to delay further federal takeover of fish and wildlife management now slated for December 1 of this year. To regain state management, however, the Legislature must still pass state statutory changes necessary to comply with ANILCA. Giving Alaskans an opportunity to make their contribution to solving the dilemma by allowing them to vote on the amendment is critical. To adopt the proposal, the Legislature must act prior to the July 26 deadline for placing an amendment on the November ballot. I urge the Legislature to demonstrate its faith in Alaskans by promptly considering and passing this resolution. This is our last opportunity for 1998-07-20 House Journal Page 4124 HJR 201 a number of years to prevent the federal government from dominating the management of fish and wildlife in Alaska. Sincerely, /s/ Tony Knowles Governor" INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 2001 HOUSE BILL NO. 2001 by the House Rules Committee by request of the Governor, entitled: "An Act authorizing the Alaska Legislative Council to sue on behalf of the state concerning the validity of a rural subsistence priority conferred in federal statute; and providing for an effective date." was read the first time and referred to the Rules Committee. The following fiscal note applies: Zero fiscal note, Dept. of Law, 7/20/98 The Governor's transmittal letter dated July 20, 1998, appears below: "Dear Speaker Phillips: The attached legislation was developed at the end of the last special session as part of a compromise approach to resolve the subsistence dilemma. Along with a constitutional amendment, which I am also transmitting today, this compromise is the fundamental step in regaining and retaining full state management of our fish and wildlife resources. 1998-07-20 House Journal Page 4125 HB 2001 The bill grants the authority for the Alaska Legislative Council to pursue a constitutional challenge of Title VIII of ANILCA. This will confer legal standing to the Council in its current lawsuit before the US District Court. Although I personally do not support this suit, I will allow this bill to become law as part of the overall compromise approach to provide for subsistence under state management of fish and wildlife resources. I urge the Legislature to take swift action on this and the constitutional amendment so we can allow the Alaskan voters to decide this long- standing issue once and for all. Sincerely, /s/ Tony Knowles Governor" UNFINISHED BUSINESS HB 325 Pursuant to: CONFERENCE CS FOR HOUSE BILL NO. 325(brf sup maj fld H/S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." the following memorandum dated July 17, 1998, was received from Pamela Finley, Revisor of Statutes, Division of Legal and Research Services: "Please be advised that we have found the following manifest error in section 32, ch. 137, SLA 1998, page 66, lines 17-18: "first session of the twentieth legislature" should be "second session of the twentieth legislature". In addition, while this is not an error that I can correct, the Office of Management and Budget (OMB) has stated that the lining out of an 1998-07-20 House Journal Page 4126 HB 325 allocation in sec. 31, ch. 137, SLA 1998 at page 54, line 24 (Judicial services--Anchorage--$2,048,200) was inadvertent. The OMB's letter is attached. Because the chapters have already been printed, we will simply include this notice and the attached letter in the 1998 Session Laws and also ask the publisher of the Alaska Statutes to print them in the 1998 Temporary & Special Acts pamphlet." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 4:00 p.m., July 21, 1998. There being no objection, the House adjourned at 5:05 p.m. Suzi Lowell Chief Clerk