Legislature(1999 - 2000)

1999-09-22 House Journal

Full Journal pdf

1999-09-22                     House Journal                      Page 1807
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                            TWENTY-FIRST LEGISLATURE                           
                                                                               
                             SECOND SPECIAL SESSION                            
                                                                               
Juneau, Alaska                     Wednesday        September 22, 1999         
                                                                               
                                  First Day                                  
                                                                               
                                                                               
Pursuant to the Governor's proclamation, the House was called to order         
by Speaker Porter at 1:03 p.m.                                                 
                                                                               
                                                                               
Roll call showed 36 members present.  Representative Kohring was               
absent.                                                                        
                                                                               
Representative Green moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Halcro - from today to 9:30 a.m., plane time,                   
September24, 1999                                                              
                                                                               
Representative Kapsner - to afternoon plane time                               
                                                                               
Representative Williams - to 7:00 p.m., plane time, today                      
                                                                               
                                                                               
The invocation was offered by the Chaplain Designee, Representative            
Hudson.  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,                                                                  
                                                                               
Lord we know from the Bible that You made the birds of the                    
air, the fishes in the sea and all living creatures on this Earth.             

1999-09-22                     House Journal                      Page 1808
Each of us are part of Your grand design.  We are blessed                     
with Your gifts of love, compassion and unique intelligence.                   
Thank you Lord for our wonderful life and for those we love.                   
                                                                               
Now we assemble one more time to consider the divisive issue                  
of subsistence.  We Alaskans are richly blessed with a land                    
and waters teeming with all of Your creation.                                  
                                                                               
We need Your guidance.  We need Your steady hand.  We                         
need understanding.  We need charity in our hearts.                            
                                                                               
Lord, we ask You to elevate our thinking and give each of us                  
renewed humility to forget our own self interest, that we can                  
truly become statesmen and women that embrace the                              
wonderful difference that You have created in all mankind.                     
                                                                               
Give us respect for each other.  Let us walk in each others                   
shoes.  Let us pierce into the eyes and minds of those that                    
others serve and fill us with love for all we serve and a                      
feeling of satisfaction when the day is done.	Amen.                            
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Green.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the sixth legislative day of the First Special Session, the        
First Supplement for the First Regular Session and the First Special           
Session, and House Journal Supplement No. 4 be approved as certified           
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
The following proclamation was read:                                           
                                                                               
"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 Twenty-First              
Legislature of the State of Alaska into its second special session at          

1999-09-22                     House Journal                      Page 1809
Juneau, Alaska, in the Legislative chambers on September 22, 1999,             
at 1:00 p.m., to consider an amendment to the Alaska Constitution              
granting authority to the legislature to provide a priority in the taking      
of fish and wildlife and other renewable natural resources for                 
subsistence uses.                                                              
                                                                               
Dated at Anchorage, Alaska this 2nd day of September 1999.                     
                                                                               
							Done by                                                                 
							/s/                                                                     
							Tony Knowles, Governor"                                                 
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Commerce & Economic Development                                       
	Alaska Commercial Fishing and Agriculture Bank                                
	1999 Annual Report                                                            
	(as required by AS 44.81.200)                                                 
                                                                               
	Alaska Seafood Marketing Institute                                            
	FY 98 Annual Report                                                           
	(as required by AS 16.31.100)                                                 
                                                                               
Dept. of Fish & Game                                                           
	Commercial Fisheries Entry Commission                                         
	Executive Summary - Changes in the Distribution                               
	of Alaska's Commercial Fisheries Entry Permits,                               
	1975 to 1998                                                                  
                                                                               
Dept. of Health & Social Services                                              
	1999 Comprehensive Integrated Mental Health Plan                              
	(as required by AS 47.30.660)                                                 
                                                                               
The following audit reports were received:                                     
                                                                               
Division of Legislative Audit                                                  
Legislative Budget and Audit Committee                                         
(as required by AS 24.20.311)                                                  

1999-09-22                     House Journal                      Page 1810
	Office of the Governor                                                        
	Select Public Relations or Information                                        
	Dissemination Expenditures for                                                
	Fiscal Years 1997 and 1998                                                    
	April 14, 1999                                                                
                                                                               
	Dept. of Community & Regional Affairs                                         
	Division of Energy                                                            
	Teller Bulk Fuel Facility Upgrade                                             
	April 29, 1999                                                                
                                                                               
	Dept. of Natural Resources                                                    
	State Recorder's Office                                                       
	Procurement of Document Conversion Services                                   
	May 13, 1999                                                                  
                                                                               
	Dept. of Transportation & Public Facilities                                   
	Anchorage International Airport                                               
	Terminal Redevelopment Project                                                
	February 19, 1999                                                             
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Alaska National Guard Youth Corps School, Graduating                
Class 99-2                                                                     
By Representative Mulder                                                       
                                                                               
Honoring - Reverend E. Leon Thompson                                           
By Representatives Hudson, Kerttula; Senator Elton                             
                                                                               
Honoring - Jude T. Metoyer                                                     
By Representative Mulder                                                       
                                                                               
Honoring - Alaska State Trooper Barry J. Croy, National Sixth Annual           
Top Cop Award Recipient                                                        
By Representative Morgan; Senator Lincoln                                      
                                                                               

1999-09-22                     House Journal                      Page 1811
Honoring - Galena School District, Suzuki Motors of Japan & America            
and General Motors Corporation of America, Corporate and Business              
Partnerships Promoting Education                                               
By Representative Morgan; Senator Lincoln                                      
                                                                               
Honoring - Morris Thompson                                                     
By Representatives Brice, Phillips                                             
                                                                               
Commemorating - VFW 100th Anniversary                                          
By Senator Leman                                                               
                                                                               
Honoring - Juneau Little League Juniors All-Star Team                          
By Senator Elton; Representatives Hudson, Kerttula                             
                                                                               
Honoring - Mike McMullen                                                       
By Senator Elton; Representatives Hudson, Kerttula                             
                                                                               
Honoring - Chugiak High School's Olympiad Team                                 
By Senators Phillips, Halford                                                  
                                                                               
Honoring - Tina and Samuel Pilch on their 50th Wedding Anniversary             
By Senator Phillips                                                            
                                                                               
Honoring - Chugiak High School Concert and Swing Choirs                        
By Senators Phillips, Halford                                                  
                                                                               
Honoring - Colonel Timothy S. Brady, United States Air Force                   
By Senator Tim Kelly                                                           
                                                                               
In Memoriam - John Paul Cooper                                                 
By Representative Phillips                                                     
                                                                               
In Memoriam - Amanda E. 'Mandy' Walker                                         
By Representative Smalley                                                      
                                                                               
In Memoriam - Francis Mae Meeks                                                
By Representative Smalley                                                      
                                                                               
In Memoriam - Mildred 'Peggy' Enberg                                           
By Representative Rokeberg                                                     
                                                                               

1999-09-22                     House Journal                      Page 1812
In Memoriam - Lynne E. Frost                                                   
By Representative Rokeberg; Senator Pearce                                     
                                                                               
In Memoriam - Samuel 'Sam' V. Green, Sr.                                       
By Representatives Rokeberg, Porter                                            
                                                                               
In Memoriam - Richard Gadbury                                                  
By Representative Coghill                                                      
                                                                               
In Memoriam - Jack C. Phillips, Sr.                                            
By Representative Coghill                                                      
                                                                               
In Memoriam - Ruby Tansy John                                                  
By Representatives James, Coghill                                              
                                                                               
In Memoriam - Vera Matherly                                                    
By Representative Murkowski                                                    
                                                                               
In Memoriam - William S. 'Bill' Rose                                           
By Representatives Mulder, Rokeberg                                            
                                                                               
In Memoriam - April R. Relyea                                                  
By Representatives Mulder, Rokeberg                                            
                                                                               
In Memoriam - Charlie Selman                                                   
By Representatives Murkowski, Rokeberg                                         
                                                                               
In Memoriam - Michael Joseph Soolook, Jr.                                      
By Senator Adams; Representative Joule                                         
                                                                               
                                                                               
                   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 subsistence use of renewable natural resources by                  
residents of the state; and providing for an effective date.                   

1999-09-22                     House Journal                      Page 1813
HJR 201                                                                      
was read the first time and referred to the Resources and Judiciary            
Committees (meeting jointly) and the Finance Committee.                        
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Office of the Governor, 9/22/99                                   
Fiscal note, Dept. of Fish & Game, 9/22/99                                     
                                                                               
                                                                               
The Governor's transmittal letter dated September 22, 1999, appears            
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
On October 1 the federal government will take over management of               
subsistence fishing on nearly 60 percent of Alaskas rivers and lakes.          
That date will mark a historic reversal of Alaskas independence.  Our          
state will lose the right to manage a significant portion of the fish and      
wildlife within its borders, a right that was at the heart of the battle for   
Alaska Statehood.  Today I am once again putting forward the only              
approach that will prevent this federal takeovera simple, permissive           
constitutional amendment to be placed before the voters at the next            
general election.                                                              
                                                                               
In the past, the consequences of inaction by the Legislature have been         
postponed by the action of our Congressional delegation and the                
Secretary of Interior, but the messages from Washington now are loud           
and clear: No one is going to bail us out again; there are no more             
reprieves.  Either the Legislature acts to bring the state into compliance     
with the provisions of ANILCA, or the federal government will expand           
its current management of game resources on federal lands to include           
the management of fisheries for subsistence on inland rivers and lakes         
within and adjacent to federal public lands.                                   
                                                                               
The potential impact of fisheries management is far greater than that          
of game management.  Because of the complexity of fishery                      
management, the federal government's reach, under the federal case             
law principle of "extra-territoriality," could well extend to fish now         
managed by the state in waters distant from federal lands.                     
                                                                               

1999-09-22                     House Journal                      Page 1814
HJR 201                                                                      
This joint resolution calls for a vote on a state constitutional               
amendment to permit a preference to rural residents for subsistence            
uses of renewable natural resources, a principle a majority of Alaskans        
support.  Subsistence defines the special tie we as Alaskans have to           
our land.  It makes us unique among the 50 states.  In rural Alaska,           
subsistence is the special bond that defines the very essence of the           
rural way of life.                                                             
                                                                               
The language of the amendment is similar to what I have proposed in            
the past and what has been recommended by the Governors                        
Subsistence Task Force and rural legislators.  When the amendment is           
coupled with appropriate statutory changes, it will enable the state to        
comply with ANILCA, thereby retaining complete management of fish              
and regaining management of wildlife on all land and water in Alaska.          
                                                                               
Over the years, we have studied many options for resolving the                 
subsistence issue.  Now, we are down to two.  We can place a simple,           
permissive constitutional amendment on the ballot to be decided by             
Alaskans, or we can relinquish, without a whimper, some of our most            
precious assets to the heavy hand of federal management.  There are            
no other alternatives.                                                         
                                                                               
Every public opinion survey says Alaskans want us to act to preserve           
state sovereignty and the culture of rural residents.  As elected leaders,     
I urge you to demonstrate your faith in Alaskans by allowing a vote on         
this measure that will avert a federal takeover.                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber       upon adj., 9/22         
Minority Caucus                                        upon adj., 9/22         
                                                                               

1999-09-22                     House Journal                      Page 1815
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn to a call of the Speaker.  There being no objection, the         
House adjourned at 1:23 p.m.                                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk