03/27/2024 01:00 PM House RESOURCES

          HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME                                                                      
                                                                                                                                
1:03:46 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  only order of business  would be                                                               
HOUSE  JOINT RESOLUTION  NO. 22,  Proposing an  amendment to  the                                                               
Constitution of the  State of Alaska relating  to subsistence use                                                               
of  replenishable  natural  resources  by  state  residents;  and                                                               
providing for an effective date for the amendment.                                                                              
                                                                                                                                
1:05:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BAKER,  as prime  sponsor, presented  HJR 22.   He                                                               
said  that  his office  was  planning  to have  public  testimony                                                               
today, but it was delayed due  to administrative duties.  He said                                                               
that  his office  requested the  given  opinion from  Legislative                                                               
Legal Services  based off of  the question  of a rural-  or race-                                                               
based subsistence  use permit.   He said  per the  legal opinion,                                                               
the memo  would likely  violate the  constitution and  its Alaska                                                               
Native  subsistence preference  and it  would violate  the Alaska                                                               
National Interest Lands Conservation Act (ANILCA).                                                                              
                                                                                                                                
1:07:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG asked if  Legislative Legal Services had                                                               
advised that HJR 22 would be unconstitutional.                                                                                  
                                                                                                                                
REPRESENATIVE BAKER answered  no, as HJR 22  currently stands, it                                                               
would bring the  constitution in line with ANILCA.   He said that                                                               
it would be in conflict with  both the constitution and ANILCA if                                                               
it  were amended  to include  "a race-based  or an  Alaska Native                                                               
only subsistence priority."                                                                                                     
                                                                                                                                
REPRESENTATIVE ARMSTRONG asked if  he requested the opinion based                                                               
off of the AFN testimony.                                                                                                       
                                                                                                                                
REPRESENATIVE BAKER said that he  had requested it not only based                                                               
off of  the AFN testimony, but  off of his own  research into the                                                               
topic of subsistence.                                                                                                           
                                                                                                                                
1:10:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked if someone  who is Native and grew up                                                               
in  a city  would have  preference over  a non-Native  person who                                                               
grew up in a rural area,  despite the necessity of subsistence in                                                               
that scenario.                                                                                                                  
                                                                                                                                
REPRESENATIVE BAKER said that is  correct, that the intent of HJR
 is  for rural  preference in subsistence.   He  gave empirical                                                               
evidence for  times when there  is no  stock of groceries  in the                                                               
rural communities of Alaska.                                                                                                    
                                                                                                                                
REPRESENATIVE  BAKER said  that there  will  be one  or two  more                                                               
legal opinions that his office will be able to speak on.                                                                        
                                                                                                                                
[HJR 22 was held over.]