01/31/1995 05:05 PM House WTR

 HJR 8 - OPPOSING FEDERAL MANDATES ON STATES                                 
                                                                               
 Number 500                                                                    
                                                                               
 HJR 8 was the next order of business to come before the committee.            
                                                                               
 REPRESENTATIVE OGAN, sponsor, stated that HJR 8 is a means of                 
 articulating the resolve of the citizens of Alaska to stand against           
 further attempts by the federal government to encroach upon our               
 autonomy and rights, as a state, under the Tenth Amendment to the             
 U.S. Constitution.  A prime example of this abuse, the federal                
 management of fish and wildlife resources within the state, is                
 specifically addressed in HJR 8.  Nowhere in the U.S. Constitution            
 is either Congress or the Executive Branch given authority to                 
 regulate or manage fish and game, except to the extent these                  
 resources enter the flow of interstate commerce.                              
                                                                               
 GORDON EPPERLY, spoke in support of HJR 8.  He pointed out there is           
 a little known historical problem with the Tenth Amendment of the             
 Constitution.  As a result of the United States bankruptcy in 1993,           
 Congress declared that the nation shall be in a state of National             
 Emergency.  When that happens, the Constitution is suspended and              
 the sovereign rights of the states temporarily cease to exist.  It            
 was under the declared emergency that the U.S. swayed the states to           
 contract away most of their sovereign powers.  Mr. Epperly said               
 that State of Emergency still exists.                                         
                                                                               
 TAPE 95-2, SIDE B                                                             
 Number 000                                                                    
                                                                               
 ROBERT SCHMACHER, testified from the Mat-Su Valley, in support of             
 HJR 8.  He said it reaffirms the Tenth Amendment Right.  Mr.                  
 Shoemaker said he realizes that fish and game tends to be a hot               
 issue.  He noted he has been upset about the position that the                
 Governor has taken.                                                           
                                                                               
 There being no further testimony, REPRESENTATIVE MULDER moved and             
 asked unanimous consent to pass HJR 8 out of committee with the               
 accompanying fiscal notes.  Hearing no objection, it was so                   
 ordered.