02/01/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR2 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 2 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 1, 2013
1:30 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Fred Dyson
Senator Donald Olson
MEMBERS ABSENT
Senator Lesil McGuire, Vice Chair
Senator Bill Wielechowski
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 2
Commending and supporting actions taken by the Office of the
Governor, the attorney general, and the commissioner of natural
resources to protect the state from federal government incursion
into the care and management of state resources and to promote
the economic prosperity of the state; and urging the United
States Congress and the President of the United States to limit
federal government overreach into management of state resources.
- MOVED CSSJR 2(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 2
SHORT TITLE: LIMIT FEDERAL INTERVENTION IN STATE
SPONSOR(s): SENATOR(s) DYSON
01/16/13 (S) READ THE FIRST TIME - REFERRALS
01/16/13 (S) JUD
01/28/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/28/13 (S) Heard & Held
01/28/13 (S) MINUTE(JUD)
02/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CHUCK KOPP, Staff
Senator Fred Dyson
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained the changes in CSSJR 2.
ACTION NARRATIVE
1:30:53 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:30 p.m. Present at the call to
order were Senators Dyson, Olson, and Chair Coghill.
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.
1:45:55 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 1:45 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 3 - SJR 2 Sponsor Statement.pdf |
SJUD 1/28/2013 1:30:00 PM SJUD 2/1/2013 1:30:00 PM |
SJR 2 |
| 4 - SJR002A.pdf |
SJUD 1/28/2013 1:30:00 PM SJUD 2/1/2013 1:30:00 PM |
SJR 2 |
| 5 - AK Native Corporation's Resource Development.pdf |
SJUD 1/28/2013 1:30:00 PM SJUD 2/1/2013 1:30:00 PM |
SJR 2 |
| Copy of 2013 Fiscal Note SJR 2.xlsx |
SJUD 2/1/2013 1:30:00 PM |
SJR 2 Fiscal Note |
| cs for SJR 2.pdf |
SJUD 2/1/2013 1:30:00 PM |
CS for SJR 2 |
| CS Notes for SJR2 Judiciary Committee.docx |
SJUD 2/1/2013 1:30:00 PM |
Explanation of CS changes SJR 2 |