Legislature(1997 - 1998)

1998-07-20 House Journal

Full Journal pdf

1998-07-20                     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