02/09/1994 01:15 PM House JUD

  HCR 24 - SUPPORT SUIT AGAINST FEDERAL GOVERNMENT                             
                                                                               
  Number 027                                                                   
                                                                               
  MELVA KROGSENG testified on behalf of Representative Ramona                  
  Barnes, Prime Sponsor of HCR 24.  She read the following                     
  position statement:                                                          
                                                                               
  "HCR 24 supports the Governor's decision to authorize a suit                 
  against the United States government for violating the                       
  Alaska Statehood Act.  When the Alaska Statehood Act was                     
  crafted, Congress guaranteed all attributes of sovereignty                   
  that were granted to all other states under the U.S.                         
  Constitution.  However, over the past few years, the terms                   
  of the Alaska Statehood Act have been violated by the                        
  Congress.  These violations include withdrawal from                          
  development of nearly 80 percent of the federal land from                    
  which Alaska was to derive mineral royalties.  Alaska is                     
  also the only state not allowed to sell her oil resources                    
  abroad.                                                                      
                                                                               
  "Alaska is a sovereign state and we must not let our                         
  sovereignty be violated.  The Statehood Act was an agreement                 
  between Congress and the People of Alaska and it cannot                      
  unilaterally be changed.  We must stand up for our rights                    
  now and in the future."                                                      
                                                                               
  MS.KROGSENG distributed a pamphlet from the Governor's                       
  office entitled "Defending Alaska's Statehood Compact."                      
                                                                               
  Number 077                                                                   
                                                                               
  CHERI L. JACOBUS, Assistant Attorney General, Department of                  
  Law, testified in support of HCR 24.  She said the reason                    
  the Department of Law (DOL) so strongly supported this was                   
  several fold.  Ms. Jacobus said that Alaska became a state a                 
  little over 35 years ago, and two things happened when we                    
  became a state:  the first being we were to be admitted on                   
  equal footing with all other states, which means certain                     
  sovereign rights were guaranteed to us as a state.  Ms.                      
  Jacobus described a number of those rights that have been                    
  infringed upon, including the oil export ban.                                
                                                                               
  MS. JACOBUS continued, saying we entered into a statehood                    
  compact, and that a compact is a contract, is legally                        
  enforceable, and as a contract it has been enforced by the                   
  U.S. Supreme Court on many occasions.  She added that it is                  
  not unusual for a state to ask the courts to enforce the                     
  terms of that contract.  She said, in addition, for the past                 
  thirty-five years several terms of that contract have been                   
  violated by the federal government, and there is only one                    
  way at this point for us to regain what we have lost over                    
  the past thirty-five years, and that is in the court, which                  
  is why Governor Hickel has authorized and insisted upon                      
  certain pieces of litigation being brought against the                       
  federal government in federal court.                                         
                                                                               
  MS. JACOBUS pointed out that regardless of the outcome of                    
  any of these lawsuits, it is important for the people of the                 
  state of Alaska to know exactly what it is it got at                         
  statehood.  She said for thirty-five years we've seen those                  
  statehood rights infringed upon and eroded, and it is now                    
  time for us to find out what this means.                                     
                                                                               
  MS. JACOBUS concluded that it should be pointed out that the                 
  compact is unlike other legislation that was issued by the                   
  United States Congress, that it is not simply a form of                      
  legislation, it did not become self-enacting, rather, it                     
  only became effective after the people of the state of                       
  Alaska specifically voted on all attributes of that compact,                 
  including all the terms, and agreeing to accept all the                      
  responsibilities and burdens and expense of statehood.                       
                                                                               
  Number 163                                                                   
                                                                               
  REP. PHILLIPS commented that HCR 24 is a very good                           
  resolution, and referred Ms. Jacobus to the first whereas,                   
  where it differentiates between the statehood compact and                    
  the statehood act.  She then discussed the last page, which                  
  specifies violating the statehood act, and asked if the                      
  committee should add language on the statehood compact.                      
                                                                               
  Number 165                                                                   
                                                                               
  MS. JACOBUS replied that she thinks that is important to add                 
  the words.                                                                   
                                                                               
  Number 176                                                                   
                                                                               
  REP. PHILLIPS moved to amend the "be it resolved" portion of                 
  HCR 24, adding the words "Alaska Statehood Compact."                         
                                                                               
  REP. GREEN moved the amendment and asked for unanimous                       
  consent.                                                                     
                                                                               
  Number 217                                                                   
                                                                               
  REP. PORTER heard no objection, and Amendment No. 1 was so                   
  moved.                                                                       
                                                                               
  Hearing a motion to move CS HCR 24(JUD) with individual                      
  recommendations, and hearing no objection, CS HCR 24(JUD)                    
  was moved out of committee.                                                  
                                                                               
  CHAIRMAN PORTER announced the next order of business was HCR
.