02/01/2013 01:30 PM Senate JUDICIARY

           SJR  2-LIMIT FEDERAL INTERVENTION IN STATE                                                                       
                                                                                                                                
1:31:09 PM                                                                                                                    
CHAIR COGHILL announced the consideration of SJR 2, and moved to                                                                
adopt the CS for SJR 2, labeled 28-LS0302\N.                                                                                    
                                                                                                                                
SENATOR DYSON objected for discussion purposes.                                                                                 
                                                                                                                                
CHUCK KOPP, Staff to Senator Fred Dyson, sponsor of SJR 2,                                                                      
explained that the CS was drafted in response to previous                                                                       
committee discussion. He reviewed the following changes:                                                                        
                                                                                                                                
   · Page 2, line 7, incorporates references to protecting                                                                      
     state's rights and local self-governance.                                                                                  
   · Page 2, lines 11-12, amend the language to include                                                                         
     reference  to the  state's right  to be  the steward  of and                                                               
     manage its natural resources.                                                                                              
   · Page 2, lines 15-16, amend the language to address the                                                                     
     equal  footing doctrine  derived from  the Alaska  Statehood                                                               
     Act,  whereby new  states created  from federal  territories                                                               
     are  admitted   to  the  Union   with  all  the   powers  of                                                               
     sovereignty and  jurisdiction that  pertain to  the original                                                               
     states.                                                                                                                    
   · Page 2, lines 21-24, add language directing that copies of                                                                 
     the resolution will also be sent  to the Chair of the Energy                                                               
     and Natural  Resources Committee  of the U.S.  Senate; Chair                                                               
     of the  Energy and Commerce  Committee of the U.S.  House of                                                               
     Representatives;   and  Chair   of  the   Natural  Resources                                                               
     Committee of the U.S. House of Representatives.                                                                            
                                                                                                                                
1:33:14 PM                                                                                                                    
SENATOR DYSON removed his objection, and version N was before                                                                   
the committee.                                                                                                                  
                                                                                                                                
CHAIR COGHILL  commented that the  resolution was  timely because                                                               
there would soon be a new energy secretary.                                                                                     
                                                                                                                                
SENATOR DYSON  explained that he introduced  a similar resolution                                                               
last year and then Attorney  General Sullivan said the resolution                                                               
would have  value in  court proceedings.  It would  help buttress                                                               
the  case that  the executive  branch was  doing what  the people                                                               
want.                                                                                                                           
                                                                                                                                
CHAIR  COGHILL  advised  the committee  that  Assistant  Attorney                                                               
General Brad Meyen was available to answer questions.                                                                           
                                                                                                                                
SENATOR OLSON  referenced line 24 and  asked if there was  also a                                                               
Natural Resources Committee in the U.S. Senate.                                                                                 
                                                                                                                                
CHAIR COGHILL pointed out that it was on line 21.                                                                               
                                                                                                                                
SENATOR OLSON asked  if other states had taken  similar action to                                                               
stop federal overreach.                                                                                                         
                                                                                                                                
SENATOR DYSON  said yes,  most were western  states and  Utah was                                                               
taking a leadership role.                                                                                                       
                                                                                                                                
SENATOR  OLSON asked  what stance  the more  conservative western                                                               
states had taken, North Dakota in particular.                                                                                   
                                                                                                                                
SENATOR DYSON replied, "They're with us."                                                                                       
                                                                                                                                
1:36:33 PM                                                                                                                    
CHAIR  COGHILL enumerated  several  common  western state  issues                                                               
with  the federal  government including  water rights,  R.S. 2477                                                               
Rights-of-Way, Endangered  Species Act, grazing on  federal land,                                                               
homesteading,   and  Native   treaties.  He   said  the   federal                                                               
government has significantly hampered  states' ability to produce                                                               
any resource off federal land, including forestry.                                                                              
                                                                                                                                
SENATOR OLSON  asked what the  result had been when  other states                                                               
passed resolutions.                                                                                                             
                                                                                                                                
MR. KOPP relayed  that the former attorney general  said that the                                                               
value of such  a resolution was that it represented  the voice of                                                               
the people.                                                                                                                     
                                                                                                                                
SENATOR  COGHILL suggested,  before the  resolution moves  to the                                                               
floor,  that  he count  the  resolutions  in this  category  that                                                               
passed last year and were introduced this year.                                                                                 
                                                                                                                                
MR. KOPP  agreed to provide  the information. He noted  that last                                                               
year a  consortium of  Native Corporations  listed the  points in                                                               
the resolution as their top concerns.                                                                                           
                                                                                                                                
1:39:42 PM                                                                                                                    
SENATOR DYSON  surmised that  it would  be difficult  to quantify                                                               
the impact of a resolution before a hearing board or in court.                                                                  
                                                                                                                                
SENATOR OLSON asked  Mr. Kopp what response  the Native community                                                               
had  to this  resolution.  He specifically  asked  if the  Alaska                                                               
Federation of Natives (AFN) had written a letter.                                                                               
                                                                                                                                
MR. KOPP answered  no, but the common issues  and concerns listed                                                               
in the  Native Corporations'  presentation last  year highlighted                                                               
most  of   the  points   on  the   resolution.  Copies   of  that                                                               
presentation are in the packets.                                                                                                
                                                                                                                                
SENATOR OLSON  asked what affect  this would have  on subsistence                                                               
activities.                                                                                                                     
                                                                                                                                
MR.  KOPP said  the resolution  does not  address subsistence  or                                                               
other  controversial  issues  that   the  state  is  working  out                                                               
internally.                                                                                                                     
                                                                                                                                
1:42:14 PM                                                                                                                    
SENATOR  OLSON asked  if he  contacted the  North Slope  Borough,                                                               
because Polar Bears were in that region.                                                                                        
                                                                                                                                
MR. KOPP  said he did not  contact the North Slope  Borough about                                                               
the resolution,  but the borough  mayor and  leadership presented                                                               
at two energy conferences in  Anchorage and expressed frustration                                                               
about federal government incursion on resource issues.                                                                          
                                                                                                                                
SENATOR DYSON highlighted that there  have been significant areas                                                               
of  cooperation between  the state  and federal  government. What                                                               
the resolution does  is endorse what the  administration is doing                                                               
in trying to assert state's rights.                                                                                             
                                                                                                                                
1:44:30 PM                                                                                                                    
SENATOR DYSON  moved to report CS  for SJR 2 from  committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR  COGHILL announced  that  without  objection, CSSJR  2(JUD)                                                               
moved from the Senate Judiciary Standing Committee.