LR035
Resolve: LR035
Source Root: SJR008
Year: 2003
Source Bill: HCS SJR 8(JUD)Relating to the division of the Ninth Circuit Court of Appeals._______________
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS the United States Court of Appeals for the Ninth Circuit encompasses the States of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, as well as the Commonwealth of the Northern Marianas Islands and Guam; and
WHEREAS the United States Court of Appeals for the Ninth Circuit oversees nearly one-fifth of the population of the United States, and has nearly twice as many judges as the next largest circuit court; and
WHEREAS a distinguished commission appointed by the United States Congress and chaired by the Honorable Byron R. White, Associate Justice of the United States Supreme Court, recommended that the Ninth Circuit as an adjudicative entity be divided; and
WHEREAS, when that distinguished panel solicited the opinions of the Justices of the United States Supreme Court, four out of the five who responded endorsed splitting the Ninth Circuit; and
WHEREAS the White Commission further noted that "in our opinion, apparently shared by more than two-thirds of all federal, appellate judges, the maximum number of judges for an effective appellate court functioning as a single decisional unit is somewhere between eleven and seventeen"; and
WHEREAS the Ninth Circuit has 28 seats for active judges and a total of 45 active and senior judges currently active on the court, a size far larger that the maximum recommended by the White Commission; and
WHEREAS the size of the Ninth Circuit requires that en banc decisions be heard in panels of 11 judges, less than half of the 28-judge court, resulting in majority decisions of only six judges, less than one-fourth of the 28-judge court, that are cited to reflect the judgment of the circuit as a whole; and
WHEREAS, in order for a court to produce a thorough and coherent body of law, the judges on that court must each be familiar with all the opinions published by that court; and
WHEREAS the Ninth Circuit produced 504 published opinions and 3,744 unpublished opinions in 2002 and regularly produces a quantity of written opinions that makes it virtually impossible for each judge to thoroughly review each opinion; and
WHEREAS the White Commission said "[t]he volume of opinions produced by the Ninth Circuit's Court of Appeals and the judges' overall workload combine to make it impossible for all the court's judges to read all the court's published opinions when they are issued"; and
WHEREAS this inability to read the corpus of published law in the circuit makes the production of consistent, coherent decisions impractical and results in frequent errors by the court, as demonstrated by its having the highest rate of reversal by the United States Supreme Court of any appellate court in the nation; and
WHEREAS the Ninth Circuit was reversed five of the first six times it was reviewed in the October 2002 term, including three unanimous and per curiam reversals; and
WHEREAS a 2002 statistical survey conducted by the Honorable Richard A. Posner, a judge on the United States Court of Appeals for the Seventh Circuit, demonstrated a statistically significant correlation between an increase in the number of judgeships on a court and the rate at which that court was reversed on review; and
WHEREAS the Chief Justice of the United States Supreme Court's 2002 Year-End Report on the Federal Judiciary states that appellate filings in the Ninth Circuit have increased by more than 115 percent since new judgeships were last established, an increase in workload considerably higher than that of any other circuit court; and
WHEREAS appeals filed in the Ninth Circuit increased by over 10 percent in the year 2002 alone, a year in which filings in the appellate courts nationwide increased by only 0.2 percent; and
WHEREAS the Ninth Circuit received nearly 20 percent of all pro se filings in the federal appellate courts last year; and
WHEREAS the Ninth Circuit, which handles more than 50 percent of the nation's immigration cases, has, as a result of new requirements that the Immigration and Naturalization Service clear out their backlog of cases by March 25, 2003, begun receiving an average of 150 petitions for review a week, a nearly 500 percent increase over past years; the Ninth Circuit's immigration case load is likely to increase even more in the coming years; and
WHEREAS cases involving crucial federal legislation affecting Alaska exclusively, such as the Alaska Native Claims Settlement Act and the Alaska National Interest Land Conservation Act, require great familiarity with the legislation to properly adjudicate, due to the great complexity of the legislation; and
WHEREAS a Ninth Circuit judge cannot attain the necessary familiarity with federal legislation affecting Alaska because a Ninth Circuit judge may only sit on a panel in Alaska once every 10 years, as a result of the extraordinary size of the court; and
WHEREAS this unfamiliarity has resulted in decisions that have caused great political turmoil in Alaska; and
WHEREAS the issue of splitting the Ninth Circuit has arisen repeatedly, consuming vital judicial and legislative resources, a drain on judges' and legislators' time that will continue until the Ninth Circuit is split; and
WHEREAS Alaska Senators Ted Stevens and Frank Murkowski, along with other United States Senators, cosponsored S. 2184 in 2000 and S. 346 in 2001, endorsing a division of the current Ninth Circuit into two circuits, the Ninth and the Twelfth, with the resulting Ninth Circuit encompassing only Arizona, Nevada, and California, and the Twelfth Circuit encompassing the rest, which would be an excellent solution to the current problem and beneficial to Alaska; and
WHEREAS Idaho Congressman Mike Simpson introduced H.R. 1203 in 2001, a companion bill that would divide the Ninth Circuit in the same way; and
WHEREAS, when the former Fifth Circuit grew too large, both the judges of the court and members of Congress recognized the problems caused by its size and, in 1980, split the court successfully into the Fifth and Eleventh Circuits;
BE IT RESOLVED that the Alaska State Legislature respectfully requests the United States Congress to divide the United States Court of Appeals for the Ninth Circuit into two more circuit courts in order to resolve the problems caused by its size.
COPIES of this resolution shall be sent to the Honorable Richard B. Cheney, Vice-President of the United States and President of the U.S. Senate; the Honorable Ted Stevens, President Pro Tempore of the U.S. Senate and member of the Alaska delegation in Congress; the Honorable J. Dennis Hastert, Speaker of the U.S. House of Representatives; the Honorable Bill Frist, Majority Leader of the U.S. Senate; the Honorable Tom DeLay, Majority Leader of the U.S. House of Representatives; the Honorable Thomas Daschle, Minority Leader of the U.S. Senate; the Honorable Nancy Pelosi, Minority Leader of the U.S. House of Representatives; the Honorable Orrin B. Hatch, Chair of the U.S. Senate Committee on the Judiciary; the Honorable F. James Sensenbrenner, Jr., Chair of the U.S. House Committee on the Judiciary; and to the Honorable Lisa Murkowski, U.S. Senator, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
SR001
Resolve: SR001
Source Root: SR001
Year: 2003
Source Bill: SR 1
Establishing a Senate Special Committee on World Trade and State/Federal Relations._______________
BE IT RESOLVED BY THE SENATE:WHEREAS world trade is of increasing importance to the economy of the state; and
WHEREAS legislation enacted by the federal government has far reaching impact on the economy of the state; and
WHEREAS there is renewed interest in the Congress of the United States in exploring the ramifications of federal legislation on the states and their economies; and
WHEREAS the legislature should take an active role in exploring opportunities to promote world trade and assist the Congress in understanding the effect of federal legislation on the state's economy;
BE IT RESOLVED by the Senate that a Senate Special Committee on World Trade and State/Federal Relations is established to study issues relating to world trade and state/federal relations; and be it
FURTHER RESOLVED that the president of the Senate shall determine the number of senators to be members of the committee and shall appoint the members and designate a member to chair the committee; and be it
FURTHER RESOLVED that the Senate Special Committee on World Trade and State/Federal Relations may meet during and between sessions of the Twenty-Third Alaska State Legislature and is terminated on the convening of the First Session of the Twenty-Fourth Alaska State Legislature.
04
LR036
Resolve: LR036
Source Root: SCR021
Year: 2004
Source Bill: SCR 21
Relating to declaring March 2004 as Sobriety Awareness Month._______________BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS it is the policy of the State of Alaska, under AS 47.37.010 , "to recognize, appreciate, and reinforce the example set by its citizens who lead, believe in, and support a life of sobriety"; and
WHEREAS sobriety has been defined to mean "a positive, healthy, and productive way of life, free from the devastating effects of alcohol and drugs" by more than 50 profit and nonprofit organizations, community groups, and student governments throughout the state; and
WHEREAS these organizations, community groups, and student governments constitute what is commonly referred to as a growing "sobriety movement"; and
WHEREAS the "sobriety movement" is interpreted as "[t]he collective effort on the part of individuals, families and communities, and public and private agencies, affected by, concerned with, and working toward the prevention of alcohol and drug abuse, who by example encourage and support others in leading a life of sobriety"; and
WHEREAS the practice and benefits of leading a life of sobriety to Alaska's citizens are threefold:
(1) improvement in the quality of life and health of individuals, families, and communities;
(2) reduction in the incidence of alcohol- and drug-related crimes;
(3) reduction in the burden on government by not having to exhaust its resources to pay for the pervasive problems caused by alcohol and drug abuse; and
WHEREAS March has been designated "Sobriety Awareness Month" by the Alaska State Legislature and the governor every year since 1995 to recognize, appreciate, and reinforce the example set by citizens who lead, believe in, and support a life of sobriety;
BE IT RESOLVED by the Alaska State Legislature that the month of March 2004 is proclaimed as Sobriety Awareness Month; and be it
FURTHER RESOLVED that the Alaska State Legislature respectfully requests Governor Frank Murkowski to proclaim the same and have copies of the proclamation sent to all the respective departments and departmental agencies within the administration that fund or have contact with youth, schools, family services, or provide rehabilitation or correctional services; and be it
FURTHER RESOLVED that all Alaska citizens who lead, believe in, or support a life of sobriety indicate so by wearing a white ribbon of their choosing so that they may be readily recognized and appreciated during Sobriety Awareness Month, March 2004.
LR037
Resolve: LR037
Source Root: SJR026
Year: 2004
Source Bill: CSSJR 26(RES)
Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision._______________
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS, on December 30, 2003, the United States Court of Appeals for the Ninth Circuit ruled in The Wilderness Society v. United States Fish and Wildlife Service (Case No. 01-35266) that the stocking of hatchery-reared salmon fry into Tustumena Lake violated provisions of the Wilderness Act (16 U.S.C. 1131 - 1136); and
WHEREAS the United States District Court for the District of Alaska had ruled in favor of the United States Fish and Wildlife Service and denied a motion for summary judgment on behalf of the plaintiffs; and
WHEREAS a three-judge panel of the United States Court of Appeals for the Ninth Circuit found the stocking of salmon fry in Tustumena Lake to be consistent with the Wilderness Act and the Alaska National Interest Lands Conservation Act; and
WHEREAS an en banc panel of the United States Court of Appeals for the Ninth Circuit erroneously ruled that the stocking of salmon fry in Tustumena Lake was an impermissible "commercial enterprise" that is prohibited by the Wilderness Act, despite the fact that the commercial harvesting occurs outside the Kenai Wilderness; and
WHEREAS the sockeye salmon enhancement program in Tustumena Lake contributes significantly to the lives and activities of the residents of the Kenai Peninsula, and the loss of this project would create substantial hardships for the residents of this area and the many nonresident fishermen who participate in fisheries outside the Kenai Wilderness; and
WHEREAS the decision of the en banc panel is important to Alaskans because Alaska has over 50,000,000 acres of Congressionally designated wilderness areas, more than all of the rest of the United States combined; and
WHEREAS the decision of the en banc panel has broad economic implications throughout Alaska concerning the conduct of any commercially related activities, such as guiding, trapping, customary trade, commercial lodges, eco-tourism, and other similar operations, within or near a wilderness area that have been traditionally engaged in by Alaskans; and
WHEREAS the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit could be broadly construed to prohibit other fish and wildlife management and research programs in wilderness areas designed to benefit a wide variety of users, including some that are commercial in nature; and
WHEREAS the effects of this decision of the en banc panel are not limited to Alaska and will detrimentally affect management of wilderness areas in the other states; and
WHEREAS the en banc panel of the United States Court of Appeals for the Ninth Circuit did not conclude that the stocking of salmon fry in the wilderness area was inconsistent with wilderness and refuge values or with Congressionally established purposes for the withdrawals; and
WHEREAS the United States Fish and Wildlife Service has officially recognized and approved this program since before the Kenai Wilderness was created in 1980; and
WHEREAS a one-year emergency stay of the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit is needed to accommodate the release of existing salmon fry this spring;
BE IT RESOLVED that the Alaska State Legislature respectfully requests that the United States Department of the Interior and the United States Department of Justice appeal the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service (Case No. 01-35266) to either the entire United States Court of Appeals for the Ninth Circuit or the United States Supreme Court; and be it
FURTHER RESOLVED that the Alaska State Legislature respectfully requests that the United States Department of the Interior and the United States Department of Justice request a temporary emergency stay of the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit to allow the enhancement project to continue this year while the decision is under appeal.
COPIES of this resolution shall be sent to the Honorable Gale Norton, United States Secretary of the Interior; the Honorable Theodore B. Olson, Solicitor General, United States Department of Justice; and to the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR038
Resolve: LR038
Source Root: SJR032
Year: 2004
Source Bill: CSHJR 32(FSH) am S
Relating to the labeling of fish and fishery food products._______________BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS Americans deserve wholesome foods and information about the contents and production of their food supply; and
WHEREAS concerns have recently been raised about the safety of farmed fish to consumers; and
WHEREAS farmed fish are often fed antibiotics, hormones, and coloring agents, and their environments are treated with various chemicals; and
WHEREAS Alaska's fish production is distinct from farmed fish production because our stocks are wild, free-ranging, and, therefore, naturally wholesome and healthy; and
WHEREAS there are numerous outstanding issues and questions regarding public policy, fair trade, and the social and economic consequences of farmed fish production; and
WHEREAS more and more consumers are expressing a preference for and requesting wild fish over farmed fish; and
WHEREAS both the Alaska State Legislature and the United States Congress have passed labeling laws specifically to inform consumers about fishery and other food products;
BE IT RESOLVED that the Alaska State Legislature supports the timely labeling of fish and fishery food products in the marketplace to identify the country of origin and the presence of coloring and other additives, to indicate whether there has been genetic modification, and to distinguish between wild and farmed fish.
COPIES of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable Don Evans, United States Secretary of Commerce; the Honorable Ann Veneman, United States Secretary of Agriculture; and to the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR039
Resolve: LR039
Source Root: HCR033
Year: 2004
Source Bill: HCR 33
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 63, relating to municipal property taxation in annexed, detached, and newly incorporated areas._______________
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:That under Rule 54, Uniform Rules of the Alaska State Legislature, the provisions of Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, regarding changes to the title of a bill, are suspended in consideration of Senate Bill No. 63, so that the title will read: "An Act relating to municipal property taxation in annexed, detached, and newly incorporated areas."
LR040
Resolve: LR040
Source Root: SCR023
Year: 2004
Source Bill: SCR 23
Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, those days being April 9, 10, 11, and 12 of 2004._______________
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS art. II, sec. 10, Constitution of the State of Alaska, provides that neither house may adjourn or recess for longer than three days unless the other house concurs; and
WHEREAS Rule 52, Uniform Rules of the Alaska State Legislature, provides that adoption of a concurrent resolution by a majority vote of the full membership of each house constitutes concurrence;
BE IT RESOLVED by the Alaska State Legislature that the Senate and the House of Representatives may be in recess during April 9, 10, 11, and 12 of 2004 and that each house concurs in this four-day recess by the other.
LR041
Resolve: LR041
Source Root: SCR019
Year: 2004
Source Bill: SCR 19
Relating to the support of fisheries education, training, and research and encouraging collaborative efforts between the state, the University of Alaska, and other educational institutions to provide fisheries education programs._______________
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS Alaska's wealth lies in the human resources of the state as much as in its great natural fisheries resources; and
WHEREAS broad fisheries education programs can provide Alaskans with the knowledge and skills necessary to support their families and communities, foster the long-term sustainability of our seafood industry, and compete in a global economy; and
WHEREAS specialized vocational training programs for skills required by the fishing and seafood industries, such as training to become a roe technician or to maintain specialized seafood processing equipment, are not offered in the state; and
WHEREAS neither the University of Alaska nor any other institution in the United States offers a seafood business degree; and
WHEREAS new educational paradigms, which recognize the need for innovation, must be supported not only in the harvesting and processing sector but in fisheries product development, marketing, research, and seafood business management; and
WHEREAS a wealth of information resides within the state's executive departments and agencies that deal with fisheries, including the Departments of Education and Early Development, Fish and Game, Community and Economic Development, Labor and Workforce Development, Revenue, and Environmental Conservation; and
WHEREAS many agencies located within these departments and agencies, such as the Alaska Seafood Marketing Institute, develop and disseminate a vast amount of knowledge and information on the fishing and seafood industry; and
WHEREAS the University of Alaska system, working in collaboration with the state, has the potential to provide world-class fisheries and seafood education and training programs; and
WHEREAS the Joint Legislative Salmon Industry Task Force was formed to address the issues of the fishing and seafood industry;
BE IT RESOLVED that the Alaska State Legislature supports the recommendation from the Joint Legislative Salmon Industry Task Force to support and promote fisheries education, training, and research as a long-term solution for the fishing and seafood industry; and be it
FURTHER RESOLVED that the Alaska State Legislature supports the recommendation of the Joint Legislative Salmon Industry Task Force that the State of Alaska, the University of Alaska, and other vocational and technical education providers in Alaska collaborate to develop and provide fisheries education programs in Alaska.
COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Governor of Alaska; the Honorable Mark Hamilton, President, University of Alaska; Fred Esposito, Director, Alaska Vocational Technical Center; and Cheryl Edenshaw, Executive Director, Alaska Technical Center.
LR042
Resolve: LR042
Source Root: HJR030
Year: 2004
Source Bill: CSHJR 30(STA) am
Relating to supporting the repeal of the Government Pension Offset and the Windfall Elimination Provisions from the Social Security Act._______________BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS the retirement systems established by the state for public employees are independent of the federal social security system; and
WHEREAS Alaska's teachers and most public employees do not participate in the federal social security system while performing public service; and
WHEREAS the Social Security Act includes two offsets, the Government Pension Offset and the Windfall Elimination Provision, that reduce the social security benefits payable to persons earned in the private sector or from other public retirement systems under certain conditions; and
WHEREAS educators and many other public employees in Alaska who earn a pension from working for a government agency incur substantial reductions in their earned social security benefits as surviving spouses through their spouses' social security eligibility under the Government Pension Offset or from employment for which they paid into social security from the Windfall Elimination Provision; and
WHEREAS the Social Security Act offsets discourage individuals with private sector or military service from seeking teaching and other public employment positions in Alaska; and
WHEREAS the recruitment of teachers from other states who have earned social security benefits from other jobs is also undermined by these federal offsets; and
WHEREAS teachers have left Alaska upon learning about these offsets in order to avoid losing social security benefits; and
WHEREAS the Alaska economy is also harmed by these social security offsets due to millions of dollars in lost benefits; and
WHEREAS legislation to remedy the Government Pension Offset and the Windfall Elimination Provision has been introduced in the 108th United States Congress by a bipartisan group of legislators and cosponsored by a large number of other legislators;
BE IT RESOLVED that the Alaska State Legislature requests the Alaska Congressional delegation to sign on as cosponsors to current federal legislation and support the repeal of the Government Pension Offset and the Windfall Elimination Provision.
COPIES of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable Tommy Thompson, United States Secretary of Health and Human Services; the Honorable Rod Paige, United States Secretary of Education; the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR043
Resolve: LR043
Source Root: HCR031
Year: 2004
Source Bill: SCS CSHCR 31(HES) am S
Proclaiming June 2004 as Traumatic Brain Injury Awareness Month._______________BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS brain injury is a serious, national public health epidemic affecting at least 5,300,000 Americans; and
WHEREAS, every 21 seconds, someone in the United States will sustain a traumatic brain injury, which equals more than 4,000 people daily; and
WHEREAS, each year, at least 50,000 Americans die and 80,000 Americans experience the onset of life-long disabilities as a result of sustaining a brain injury; and
WHEREAS, each year at least 600 Alaskans receive acute care for trauma related to brain injuries, 150 Alaskans die from brain injury, and approximately 190 Alaskans experience the beginning of life-long disabilities requiring marked adaptations to daily functioning as a result of sustaining a brain injury; and
WHEREAS prevention is the only known cure; and
WHEREAS the mission of the Alaska Traumatic Brain Injury Advisory Board and the Brain Injury Association of America is to create a better future through brain injury prevention, research, education, and advocacy; and
WHEREAS, in partnership with the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Defense and Veterans Brain Injury Center, the Brain Injury Association of America, and the Alaska Mental Health Trust Authority strive to increase brain injury awareness, thus making prevention and safety measures part of the American culture in an effort to decrease the number of brain injuries;
BE IT RESOLVED that the Alaska State Legislature proclaims the month of June 2004 as Traumatic Brain Injury Awareness Month; and be it
FURTHER RESOLVED that the Alaska State Legislature urges schools, community groups, and other public and private agencies and individuals to observe Traumatic Brain Injury Awareness Month with appropriate activities that increase the public's awareness of traumatic brain injury, the leading causes of traumatic brain injury, and ways of preventing traumatic brain injury.
LR045
Resolve: LR045
Source Root: SJR027
Year: 2004
Source Bill: SJR 27
Relating to the resolution of submerged land title disputes._______________BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:WHEREAS Alaska contains over 20,000 rivers and well over 1,000,000 lakes that are potentially navigable waterways; and
WHEREAS the state received potential title to over 60,000,000 acres of submerged land under navigable fresh and marine water within its boundaries at the time the state initially achieved statehood; and
WHEREAS the existing processes of resolving submerged land title disputes are inadequate and slow; and
WHEREAS litigation in federal courts over submerged land title has been stymied by the narrow interpretation of 28 U.S.C. 2409a (Quiet Title Act) by federal agencies; and
WHEREAS the Quiet Title Act should be amended to encourage federal agencies to constructively participate in resolving submerged land title disputes; and
WHEREAS the intent of the legislature is to create a joint state and federal commission for the purpose of expediting the state's efforts to cooperatively resolve submerged land title disputes; and
WHEREAS the legislature established the Navigable Waters Commission for Alaska in 2002; and
WHEREAS legislation providing for federal participation on the Navigable Waters Commission for Alaska was introduced in the United States Congress in 2002 but failed to pass; and
WHEREAS the legislature recognizes and compliments the United States Department of the Interior, Bureau of Land Management, for using the recordable disclaimer of interest process to help resolve some title disputes, including submerged land and RS 2477 rights-of-way; and
WHEREAS the legislature supports the active pursuit of all means to more quickly resolve submerged land title disputes, including the continuation of the process for recording federal disclaimers of interest, the formation of the Navigable Waters Commission for Alaska, and the amendment of the Quiet Title Act;
BE IT RESOLVED that the Alaska State Legislature encourages the United States Secretary of the Interior and the Alaska congressional delegation to support and endorse the continuation of the process for recording federal disclaimers of interests for quieting title to submerged land; and be it
FURTHER RESOLVED that the Alaska State Legislature requests the Alaska congressional delegation to introduce legislation in the United States Congress to provide for federal participation in the proposed state and federal Navigable Waters Commission for Alaska; and be it
FURTHER RESOLVED that the Alaska State Legislature requests the introduction of legislation in the Congress to amend the Quiet Title Act to ensure federal cooperation in resolving submerged land title disputes.
COPIES of this resolution shall be sent to the Honorable Gale A. Norton, United States Secretary of the Interior; and to the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
SR002
Resolve: SR002
Source Root: SR002
Year: 2004
Source Bill: SR 2
S T A T E O F A L A S K A
2 Recognizing February 6, 2004, as Ronald Reagan Day in Alaska._______________BE IT RESOLVED BY THE SENATE:WHEREAS Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California, and President of the United States; and
SR003
Resolve: SR003
Source Root: SR005
Year: 2004
Source Bill: SR 5
Relating to the National Day of Prayer._______________BE IT RESOLVED BY THE SENATE:WHEREAS May 6, 2004, is established by AS 44.12.072 as the Alaska Day of Prayer; and
WHEREAS President George W. Bush, Governor Frank Murkowski, and all of the other governors have proclaimed May 6, 2004, the 53rd annual National Day of Prayer; and
WHEREAS the National Day of Prayer stands as a call to us to humbly come before God, seeking His guidance, and enables us to recall and to teach the way in which our founding fathers sought the wisdom of God when faced with critical decisions; and
WHEREAS this year's theme is "Let Freedom Ring" and is based on Leviticus 25:10, ". . . proclaim liberty throughout the land to all its inhabitants";
BE IT RESOLVED that the Senate recognizes May 6, 2004, as the Alaska Day of Prayer and the National Day of Prayer; and be it
FURTHER RESOLVED that the National Day of Prayer be a statement of thankfulness for the individual freedoms we enjoy, under God, in the State of Alaska and in the United States of America; and be it
FURTHER RESOLVED that everyone is invited to attend a program on the Capitol steps sponsored by the churches in the Juneau community at noon on Thursday, May 6, 2004.
SR004
Resolve: SR004
Source Root: SR003
Year: 2004
Source Bill: CSSR 3(FIN)
Relating to commemoration of Senator Frank R. Ferguson and other distinguished Senators._______________
BE IT RESOLVED BY THE SENATE:WHEREAS Frank R. Parraq Ferguson served in both the Alaska State House of Representatives and the Alaska State Senate during a legislative career that spanned 16 years; and
WHEREAS, during his political career, his accomplishments were numerous and led to major improvements in rural Alaska; and
WHEREAS he was one of the principal legislators establishing a statewide telecommunications system that included direct telephone communications in all rural communities; and
WHEREAS he led the effort to establish the rural educational attendance area education system that allowed rural children to be educated at home in their own communities; and
WHEREAS he helped establish the University of Alaska's rural educational system; and
WHEREAS he led the effort to establish the rural housing assistance loan program, which paved the way for commercial lending in rural Alaska; and
WHEREAS he helped establish the delivery of state health care and social services through contracting with the Alaska Native regional nonprofit organizations; and
WHEREAS he helped establish a village public safety officer program and supported search and rescue, emergency medical services, and trail staking in rural communities; and
WHEREAS he helped bring airport lighting to rural village airports so that life-safety and other essential services could be delivered during the long, dark winter months; and
WHEREAS he helped establish a lower cost rural energy program that included the bulk fuel loan program, power cost equalization, and many alternative energy projects; and
WHEREAS he helped establish the village health aide program and rural clinics; and
WHEREAS he helped establish revenue sharing for rural villages and unincorporated municipalities; and
WHEREAS he helped establish the Kotzebue and Barrow courthouses; and
WHEREAS he was a principal negotiator in establishing the Alaska permanent fund and its current earnings distribution system and was a key figure in oil taxation methodology; and
WHEREAS he was a principal legislator in marshalling the state's financial investment in the port and road facilities for the Red Dog Mine and local hire; and
WHEREAS he was known for being a consummate dealmaker with a keen ability to close the session during the days when there was no limit on the length of the session; and
WHEREAS his contributions to this state are many and are attributable to his ability to bring diverse people together for the common good of the state; and
WHEREAS the Alaska State Senate has had a significant role in the rich history of the state and the progress of its citizens through the individual and collective achievements of its members; and
WHEREAS other Senators also merit special recognition for past accomplishments;
BE IT RESOLVED by the Alaska State Senate that a commemorative panel be established at a prominent place inside the Capitol for the listing of Senators who are specially recognized posthumously by resolution of the Alaska State Senate for the value of their contributions to the Alaska State Legislature and the people of Alaska; and be it
FURTHER RESOLVED that a compilation of the accomplishments of the Senators listed on the commemorative panel be kept on file in the Capitol; and be it
FURTHER RESOLVED that the name of Frank R. Ferguson be displayed on the Commemorative Panel of Distinguished Senators.
SR005
Resolve: SR005
Source Root: SR004
Year: 2004
Source Bill: SR 4
Requesting the United States Congress to amend the federal Wilderness Act to authorize fishery enhancement programs and similar activities in wilderness areas._______________BE IT RESOLVED BY THE SENATE:WHEREAS The Wilderness Society and the Alaska Center for the Environment brought suit against the United States Fish and Wildlife Service in federal court to challenge the legality of the long standing sockeye salmon enhancement program in Tustumena Lake, which is located within the Kenai Wilderness, under provisions of the federal Wilderness Act (16 U.S.C. 1131 - 1136); and
WHEREAS the United States Fish and Wildlife Service has officially recognized and approved the sockeye salmon enhancement program in Tustumena Lake since before the Kenai Wilderness was created in 1980; and
WHEREAS the United States District Court for the District of Alaska ruled against The Wilderness Society and in favor of maintaining the sockeye salmon enhancement program in Tustumena Lake; and
WHEREAS a three-judge panel of the United States Court of Appeals for the Ninth Circuit also found that, despite the assertions of The Wilderness Society, the stocking of sockeye salmon fry in Tustumena Lake was consistent with the Wilderness Act and the Alaska National Interest Lands Conservation Act; and
WHEREAS, on December 30, 2003, an en banc panel of the United States Court of Appeals for the Ninth Circuit ruled in The Wilderness Society v. United States Fish and Wildlife Service (Case No. 01-35266) that the stocking of hatchery-reared salmon fry into Tustumena Lake was an impermissible "commercial enterprise" that is prohibited by the Wilderness Act; and
WHEREAS loss of the sockeye salmon enhancement program in Tustumena Lake would result in a significantly reduced harvest of sockeye salmon in Cook Inlet and the Kasilof River; 100,000 adult fish, totaling 400,000 pounds of harvestable salmon, would be lost to subsistence, sport, and commercial fisheries; and
WHEREAS the lawsuit brought by The Wilderness Society is important to Alaska because it takes away the ability of the state to enhance fisheries in National Wildlife Refuge Wilderness areas in Alaska; and
WHEREAS Alaska has more than 98 percent of the nation's designated National Wildlife Refuge Wilderness areas and over 50,000,000 acres of Congressionally designated wilderness areas, more than all of the rest of the United States combined; and
WHEREAS the effects of the lawsuit brought by The Wilderness Society are not limited to Alaska and will detrimentally affect management of wilderness areas in the other states; and
WHEREAS the lawsuit brought by The Wilderness Society has broad economic implications throughout Alaska and the nation concerning the conduct of any commercially related activities, such as guiding, trapping, customary trade, commercial lodges, eco-tourism, and other similar operations, within or near wilderness areas; and
WHEREAS the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit could be broadly construed to prohibit other fish and wildlife management and research programs in wilderness areas designed to benefit a wide variety of users, including some that are commercial in nature; and
WHEREAS the en banc panel of the United States Court of Appeals for the Ninth Circuit did not find that the stocking of salmon fry in the wilderness area was inconsistent with wilderness or refuge values or with Congressionally established purposes for the withdrawals; and
WHEREAS the en banc panel of the United States Court of Appeals for the Ninth Circuit found that the Tustumena Lake enhancement project is a commercial enterprise, even though it lacks the traditional hallmarks of a commercial enterprise; and
WHEREAS the decision of the en banc panel of the United States Court of Appeals for the Ninth Circuit relied upon an exceptionally broad definition of "commercial enterprise" as the term is used in the Wilderness Act and almost entirely ignores the Alaska National Interest Lands Conservation Act, which has long been interpreted to permit enhancement and rehabilitation projects in wilderness areas; and
WHEREAS the court's decision steps beyond what the United States Congress intended when it prohibited commercial enterprises in wilderness areas; and
WHEREAS the United States Fish and Wildlife Service should have the discretion to permit fishery enhancement programs in wildlife refuges and refuge wilderness areas if the activity is consistent with the wilderness and refuge values; and
WHEREAS the United States Department of Justice has determined that a further appeal of the decision of the United States Court of Appeals of the Ninth Circuit would not be appropriate under the rules of the United States Supreme Court; and
WHEREAS the only remaining opportunity to cure the adverse result of the lawsuit brought by The Wilderness Society is to amend the Wilderness Act to clarify that fishery enhancement projects in wilderness areas are not commercial enterprises; and
WHEREAS the Congress can amend the Wilderness Act to prevent noncommercial activities such as the sockeye salmon enhancement program in Tustumena Lake from being treated as a commercial enterprise and to avoid untoward consequences of the lawsuit brought by The Wilderness Society throughout the nation;
BE IT RESOLVED that the Alaska State Senate respectfully requests the United States Congress to amend the Wilderness Act (16 U.S.C. 1131 - 1136) to exclude noncommercial activities such as the sockeye salmon enhancement program in Tustumena Lake from being considered to be commercial enterprises under provisions of the Act.
COPIES of this resolution shall be sent to the Honorable Gale Norton, United States Secretary of the Interior; the Honorable Steve Williams, Director, Fish and Wildlife Service, U.S. Department of the Interior; the Honorable J. Dennis Hastert, Speaker of the U.S. House of Representatives; the Honorable Ted Stevens, President Pro Tempore of the U.S. Senate and member of the Alaska delegation in Congress; the Honorable Pete V. Domenici, Chair, U.S. Senate Committee on Energy and Natural Resources; the Honorable James M. Inhofe, Chair, U.S. Senate Committee on Environment and Public Works; the Honorable Richard W. Pombo, Chair, U.S. House of Representatives Committee on Resources; and to the Honorable Lisa Murkowski, U.S. Senator, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
05
HR001
Resolve: HR001
Source Root: HR001
Year: 2005
Source Bill: HR 1
Establishing a House Special Committee on Oil and Gas._______________
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:WHEREAS the state's dependence on oil revenue requires that the Alaska State Legislature be well informed on all aspects of the state's oil and gas resources;
BE IT RESOLVED by the House of Representatives that a House Special Committee on Oil and Gas is established to study issues relating to oil and gas resources in the state; and be it
FURTHER RESOLVED that the speaker of the House of Representatives shall determine the number of representatives to be members of the committee and shall appoint the members and designate a member to chair the committee; and be it
FURTHER RESOLVED that the House Special Committee on Oil and Gas may meet during and between sessions of the Twenty-Fourth Alaska State Legislature and is terminated on the convening of the First Session of the Twenty-Fifth Alaska State Legislature.
HR002
Resolve: HR002
Source Root: HR002
Year: 2005
Source Bill: HR 2
Establishing a House Special Committee on Economic Development, Trade, and Tourism._______________
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:WHEREAS economic development is of vital importance to the economy of the state; and
WHEREAS tourism is of increasing importance to the economy of the state; and
WHEREAS the legislature should remain well informed about the business climate of the state; and
WHEREAS the state must promote business opportunities within the state;
BE IT RESOLVED by the House of Representatives that a House Special Committee on Economic Development, Trade, and Tourism is established to study trade, tourism, and opportunities for future economic development of the state's resources; and be it
FURTHER RESOLVED that the speaker of the House of Representatives shall determine the number of representatives to be members of the committee and shall appoint the members and designate a member to chair the committee; and be it
FURTHER RESOLVED that the House Special Committee on Economic Development, Trade, and Tourism may meet during and between sessions of the Twenty-Fourth Alaska State Legislature and is terminated on the convening of the First Session of the Twenty-Fifth Alaska State Legislature.
HR003
Resolve: HR003
Source Root: HR003
Year: 2005
Source Bill: HR 3
Establishing a House Special Committee on Education._______________
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:WHEREAS education is one of the top priorities of the state;
BE IT RESOLVED by the House of Representatives that a House Special Committee on Education is established to study issues relating to education; and be it
FURTHER RESOLVED that the speaker of the House of Representatives shall determine the number of representatives to be members of the committee and shall appoint the members and designate a member to chair the committee; and be it
FURTHER RESOLVED that the House Special Committee on Education may meet during and between sessions of the Twenty-Fourth Alaska State Legislature and is terminated on the convening of the First Session of the Twenty-Fifth Alaska State Legislature.
