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 28.