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.