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 22 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.]