94
HR008
Resolve: HR008
Source Root: HR009
Year: 1994
Source Bill: HR 9 am
Protecting the lifestyle of pachyderms.
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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:
WHEREAS elephants are a form of the labor force, provide entertainment, and are used for promotional events; and
WHEREAS there is no known documentation that the African elephant transmits dangerous diseases to mankind; and
WHEREAS the children and other citizens of Alaska should not be deprived of an opportunity to an education as part of the animal world; and
WHEREAS the state should promote good business relations and enhance educational opportunities for visitors and residents to experience; and
WHEREAS a particular African elephant (Moxie) has been officially certified and approved by the United States Department of Agriculture; and
WHEREAS Alaska is the only state in the union that includes elephants on the exotic animal prohibition list;
BE IT RESOLVED that the House of Representatives respectfully requests the Governor to ask the commissioner of fish and game to grant a second extension under an educational permit; and be it
FURTHER RESOLVED that Moxie, a once orphaned elephant and star of television and screen, should be permanently exempted from the exotic animal prohibition list; and be it
FURTHER RESOLVED that any African elephant that enters the state for purposes of exhibition, entertainment, or education should be excluded from the prohibited list.
LR019
Resolve: LR019
Source Root: HJR028
Year: 1994
Source Bill: HJR 28
Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Alaska tourism industry recognizes Denali National Park as Alaska's premier visitor attraction because of the majestic view of Mt. McKinley, the opportunity to enjoy a wilderness experience, the chance to encounter wildlife in its natural habitat, and the relative solitude of the area; and
WHEREAS enhancing the Mt. McKinley experience for visitors would enhance the tourist industry statewide through tourist satisfaction and expanded seasons; and
WHEREAS insufficient access to premier viewing areas and lack of facilities at these areas are major obstacles to enhancing the wilderness experience; and
WHEREAS the state is uniquely able to obtain rights-of-way into Kantishna through leases, land exchanges, assertion of rights under RS 2477, application for transportation utility corridors under Title XI of the Alaska National Interest Lands Conservation Act (ANILCA), and other legal claims to rights-of-way, and can monitor negotiations that would allow private sector development to occur; and
WHEREAS the Kantishna area, with its dry interior climate and long daylight hours, offers splendid viewing opportunities and a high potential to promote both summer and winter activities; and
WHEREAS access to Kantishna would provide the Alaska private sector with the opportunity to meet the increased demand for tourism facilities while taking advantage of a historical transportation route and restricting potentially deleterious environmental effects to areas historically used by the mining industry; and
WHEREAS it is necessary to design and construct these facilities and transportation systems so that they have the least possible negative effect on the environment, the area's wildlife, and the state's fiscal resources;
BE IT RESOLVED that the Alaska State Legislature respectfully urges the Governor and the executive branch to be aggressive in their resolve to enhance the Mt. McKinley experience for our visitors by developing new environmentally sound access routes into Kantishna and a Kantishna visitor activity area; and be it
FURTHER RESOLVED that appropriate state agencies should work with the National Park Service and interested members of the public and private sectors to thoroughly investigate the potential of establishing a rail utility corridor into Kantishna in which the private sector could construct and operate a transportation system and other facilities that would serve the public needs; and be it
FURTHER RESOLVED that the Alaska State Legislature strongly supports the efforts of the Governor of Alaska, the Alaska delegation to the U.S. Congress, and the President of the United States in pursuit of the necessary studies, land acquisition processes, and other necessary permits that would allow new environmentally sound routes into Kantishna and a Kantishna visitor activity area.
COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Robert C. Byrd, president Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; Roger Kennedy, Director of the National Park Service; Jack Morhead, Regional Director for Alaska, National Park Service; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR020
Resolve: LR020
Source Root: SJR029
Year: 1994
Source Bill: HCS SJR 29(TRA) am H
Relating to federal efforts to require the use of motorcycle helmets in Alaska.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Tenth Amendment to the U.S. Constitution, part of the original Bill of Rights, reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"; and
WHEREAS the limits on congressional authority to regulate state activities prescribed by the Tenth Amendment have gradually been eroded, and federal mandates to the states in these protected areas have become almost commonplace; and
WHEREAS the regulation of traffic and motor vehicle safety laws is constitutionally the province of state, not congressional, authority; and
WHEREAS a recently passed federal mandate would reduce the apportionment of federal highway funds to states that do not enact statutes requiring the use of helmets by motorcyclists; and
WHEREAS, while the stated goals of this federal mandate to reduce highway fatalities and injuries through increased use of motorcycle helmets are certainly praiseworthy, it is the opinion of the legislature that the passage of such legislation by the U.S. Congress is at least an inappropriate federal mandate and at most a blatant transgression upon the state's regulatory authority under the Tenth Amendment;
BE IT RESOLVED that the Congress is urged to refrain from imposing upon the states' constitutional authority to regulate traffic and motor vehicle safety within their respective boundaries, and specifically to repeal any law mandating the passage of state laws requiring the use of motorcycle helmets.
COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Robert C. Byrd, President Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR021
Resolve: LR021
Source Root: HJR049
Year: 1994
Source Bill: CSHJR 49(RES)
Requesting the United States Department of the Interior to adopt regulations that give a narrow interpretation to certain definitions under the Oil Pollution Act of 1990 relating to evidence of financial responsibility that must be shown by offshore facilities.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Oil Pollution Act of 1990 has been interpreted to require offshore facilities operating on most surface water and adjacent wetlands to maintain evidence of financial responsibility in the amount of $150,000,000; and
WHEREAS the federal definition of "wetlands" includes virtually all nonmountainous areas in Alaska; and
WHEREAS the Act defines "offshore facility" to include a structure, equipment, or device, other than a vessel or deep water port, used for the purpose of exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil in, under, or on any United States navigable or territorial water; and
WHEREAS the Act defines "facility" to specifically include motor vehicles, rolling stock, and pipelines; and
WHEREAS the Alaska State Legislature is concerned that, without further clarification, these definitions might be interpreted in regulations so that "offshore facilities" include marinas, port facilities, utility companies, gasoline filling stations, trucking companies, railroads, refineries, airports, farms, fishing boats and tenders, manufacturing plants, storage tanks, and pipelines, no matter how tangentially related to offshore oil exploration or production; and
WHEREAS this kind of interpretation would be much broader than appears to have been intended by the Congress when it established financial responsibility requirements for offshore facilities; and
WHEREAS implementation of a $150,000,000 financial responsibility requirement on offshore facilities under a broad interpretation of the regulations would have a significantly adverse effect on Alaska villages and municipalities and would probably devastate the economy of Alaska; and
WHEREAS the Department of the Interior did not hold hearings in Alaska on the proposed regulations;
BE IT RESOLVED that the Alaska State Legislature respectfully urges the Department of the Interior to interpret the definitions of "navigable waters," "offshore facility," and "responsible party" in the financial responsibility regulations of the Oil Pollution Act as narrowly as practicable; and be it
FURTHER RESOLVED that the Department of the Interior should propose to the Congress appropriate amendments to the Oil Pollution Act if narrowing regulations are not sufficient to protect the environment without inflicting extreme economic hardships; and be it
FURTHER RESOLVED that the Department of the Interior should hold hearings in Alaska before adopting any regulations under the Oil Pollution Act of 1990.
COPIES of this resolution shall be sent to the Honorable J. Bennett Johnston, U.S. Senator and Chair of the U.S. Senate Natural Resources Committee; the Honorable Bruce Babbitt, Secretary of the Interior; Tom Fry, Director, Minerals Management Service, U.S. Department of the Interior; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR022
Resolve: LR022
Source Root: SJR040
Year: 1994
Source Bill: CSSJR 40(RES)
Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Congress enacted the Oil Pollution Act of 1990 in order to prevent shipping accidents and to ensure that there would be adequate money immediately available to respond to oil pollution discharges, especially those discharges occurring in the ocean; and
WHEREAS the Act increased from $36,000,000 to $150,000,000 the amount of financial responsibility that must be demonstrated by offshore exploration and production facilities; and
WHEREAS the definition of "offshore" in the Act covers facilities in, on, or under navigable waters of the United States; and
WHEREAS the Alaska State Legislature is concerned that this definition may be interpreted to apply to all marinas, port authorities, utility companies, gas stations, trucking companies, railroads, pipelines, farms, and airports in almost every area of Alaska; and
WHEREAS the potential effect on the Alaska economy could be severe because it is unlikely that any but the largest companies will be able to demonstrate the $150,000,000 of financial responsibility required under the Act; and
WHEREAS the broad coverage of the Act is well beyond the historical purview of the Minerals Management Service, United States Department of the Interior, which enforces the Act; and
WHEREAS the Act provides a sliding scale for proof of financial responsibility for vessels but requires $150,000,000 of proof of financial responsibility for all offshore facilities, regardless of risk to the environment from a potential spill; and
WHEREAS the Alaska State Legislature agrees with the requirements of the Act to the extent that they relate to large companies conducting offshore activities on the outer continental shelf, but does not agree that the same financial responsibility requirements should apply to small companies that are only indirectly related to offshore activities;
BE IT RESOLVED that the Alaska State Legislature urges the Congress to amend the Oil Pollution Act of 1990 so that the financial responsibility requirements of persons involved in oil operations more closely reflect the relative risks of those operations; and be it
FURTHER RESOLVED that, in particular, facilities on the outer continental shelf should be the only facilities subject to the kind of high financial responsibility requirements now contained in the Act.
COPIES of this resolution shall be sent to the Honorable Al Gore, Vice-President of the United States and President of the U.S. Senate; the Honorable Robert C. Byrd, President Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR023
Resolve: LR023
Source Root: HJR030
Year: 1994
Source Bill: HJR 30
Relating to epidemiological and quarantine services in ports of entry in the state.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS Alaska is becoming increasingly important as an international center for trade and travel to and from the Russian Far East and other Pacific Rim countries; and
WHEREAS the increasing frequency of travelers increases the risk of the spread of communicable diseases; and
WHEREAS Alaskans have reported medical problems after returning from the Russian Far East and other Pacific Rim countries; and
WHEREAS the medical and disease monitoring capabilities in the Russian Far East may not be sufficient due to the political changes occurring in the Russian government; and
WHEREAS the Centers for Disease Control and Prevention has discontinued its support of epidemiological and quarantine services in ports of entry in the state, including the Anchorage International Airport;
BE IT RESOLVED that the Alaska State Legislature urges the Congress and the Centers for Disease Control and Prevention to support additional epidemiological staff to increase Alaska's capability to monitor potential outbreaks of communicable diseases carried by travelers from the Russian Far East and other Pacific Rim countries.
COPIES of this resolution shall be sent to Donna E. Shalala, Secretary of Health and Human Services; James O. Mason, Assistant Secretary for Health, Public Health Service; William L. Roper, Director, Centers for Disease Control and Prevention; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR024
Resolve: LR024
Source Root: SJR013
Year: 1994
Source Bill: CSSJR 13(RLS)
Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS 50 U.S.C.S. Appx. 2406(d) (sec. 7(d), Export Administration Act of 1979) prohibits, with tightly restrictive exceptions, the export of domestically produced crude oil transported by pipeline over the right-of-way granted by 43 U.S.C. 1652 (sec. 203 of the Trans-Alaska Pipeline Authorization Act); and
WHEREAS the limitation on export of Alaska North Slope crude oil effectively limits its sale to the domestic American market; and
WHEREAS the higher transportation cost associated with shipping Alaska North Slope crude oil through the Panama Canal to the Gulf Coast states reduces the wellhead price of the oil; and
WHEREAS lower wellhead prices raise the economic threshold for exploring for and producing all North Slope oil and, as a result, production from certain existing and newly discovered oil fields is currently uneconomic; and
WHEREAS the export ban singles out Alaska to pay its costs, penalizing the state and the North Slope producers, which pay 85 percent of the taxes collected by the state; and
WHEREAS the current export ban reduces the value of crude oil production in the state by an estimated $1,000,000,000 per year, or about $1.10 per barrel; and
WHEREAS Alaska North Slope crude oil required to be transported and delivered for sale in the domestic market incurs approximately $2.70 per barrel in higher transportation charges than if the oil could be exported in international tankers to Pacific Rim countries; and
WHEREAS domestic exploration and development of newly discovered oil reserves will enhance the nation's energy and economic security; and
WHEREAS the foreign export of Alaska North Slope crude oil will provide an incentive for further domestic oil exploration and development; and
WHEREAS new discoveries and production resulting from increased domestic exploration will facilitate the development of infrastructure and production facilities needed to produce currently uneconomic Alaska North Slope reserves and, thus, lower the average development costs of all Alaska North Slope production; and
WHEREAS exporting oil to Pacific Rim nations will decrease the substantial trade deficit with nations that have expressed a strong interest in purchasing Alaska produced oil, as evidenced by the sale under a United States Department of Commerce export license of Alaska Cook Inlet oil to a Taiwanese company; and
WHEREAS Canada, Mexico, and Venezuela, among other neighboring countries in this hemisphere, may provide stable, secure exports of crude oil to the United States at more competitive prices than Alaska North Slope crude oil because of the transportation savings; and
WHEREAS the additional cost of shipping Alaska North Slope crude oil to the Gulf Coast and eastern states imposes an unnecessary burden on those states, reduces federal and state tax revenue, reduces state royalties, and discourages exploration and development of North Slope reserves; and
WHEREAS U.S. Secretary of Energy Hazel O'Leary is reviewing the pros and cons of lifting the ban on the export of Alaska North Slope oil as part of her Domestic Energy Initiative; and
WHEREAS during his term as president, President George Bush had lifted the ban on the export of oil produced in the State of California; and
WHEREAS the amended Export Administration Act authorizes the President of the United States to recommend, and the Congress to approve by adoption of a joint resolution, export of Alaska North Slope crude oil;
BE IT RESOLVED that the Alaska State Legislature opposes the continuing ban on export of Alaska North Slope crude oil because the ban results in inefficiencies and economic waste and because it reduces the overall level of national economic activity; and be it
FURTHER RESOLVED that the Alaska State Legislature endorses HR 543, legislation removing the restraints on the export of Alaska North Slope crude oil; and be it
FURTHER RESOLVED that the Alaska Congressional delegation and the Governor are urged to continue using their best efforts to obtain passage of HR 543 or comparable legislation permitting the export of Alaska North Slope crude oil, regardless of the oil's point of production within the state; and be it
FURTHER RESOLVED that the Alaska State Legislature respectfully requests the President of the United States to exercise power given him under the amended Export Administration Act to recommend approval of the export of that oil.
COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; the Honorable George Mitchell, Majority Leader of the U.S. Senate; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR025
Resolve: LR025
Source Root: SCR004
Year: 1994
Source Bill: SCR 4 am H
Relating to the Alaska Supreme Court's interpretation of Alaska Rule of Civil Procedure 82 and requesting that the court modify its interpretation of that rule.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS Alaska's future economic well-being depends on the wise use and development of natural resources; and
WHEREAS natural resource development is dependent upon the issuance of permits by state and federal agencies; and
WHEREAS applicants for permits must demonstrate that they have mitigated environmental impacts before state and federal agencies may issue permits; and
WHEREAS natural resource development requires substantial financial investment by developers before applications for permits may be approved; and
WHEREAS national and international special interest groups oppose natural resource development in Alaska and elsewhere; and
WHEREAS some special interest groups have founded, and support financially, special organizations dedicated to litigation over the issuance of permits in Alaska and elsewhere; and
WHEREAS litigation over the issuance of permits is a significant economic burden to both the state and permit applicants; and
WHEREAS litigation over the issuance of permits appears to further the goals and objectives of national and international special interest groups, delay or terminate the process of issuing permits by state and federal agencies, and deprive Alaskans of the opportunities that wise development of natural resources will bring; and
WHEREAS the Alaska Supreme Court has interpreted Alaska Rule of Civil Procedure 82 to allow special litigation organizations to recover full attorney fees if successful when all other prevailing litigants may recover only partial attorney fees, and to relieve special litigation organizations from paying attorney fees to prevailing parties; and
WHEREAS this interpretation of Alaska Civil Rule 82 fosters litigation to prevent or delay natural resource development and encourages special litigation organizations to use the economic burden of litigation to obstruct natural resource development; and
WHEREAS national and international special interest groups opposed to natural resource development in Alaska and elsewhere publicize their efforts in the courts in order to raise funds;
BE IT RESOLVED that the Alaska State Legislature requests the Alaska Supreme Court to modify its interpretation of Alaska Civil Rule 82 to permit all prevailing parties to recover attorney fees and costs, including those who prevail over parties represented by special litigation organizations opposed to natural resource development in the state; and be it
FURTHER RESOLVED that the Alaska State Legislature requests the Alaska Supreme Court to recognize that organizations specially founded to oppose natural resource development in Alaska and elsewhere through litigation over permits bring actions to further their private economic interests lacking general importance.
COPIES of this resolution shall be sent to the Honorable Daniel A. Moore, Jr., Chief Justice of the Alaska Supreme Court; to the Honorable Robert L. Eastaugh, Allen T. Compton, Warren W. Matthews, and Jay A. Rabinowitz, associate justices of the Alaska Supreme Court.
LR026
Resolve: LR026
Source Root: SCR003
Year: 1994
Source Bill: SSHSCR 3
Disapproving Executive Order No. 89.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Governor, under the authority of art. III, sec. 23, Constitution of the State of Alaska, has proposed to transfer the authority to enforce size, weight, and load standards for vehicles operating on the state highway system and the authority to issue overweight or oversize permits from the Department of Commerce and Economic Development to the Department of Transportation and Public Facilities; and
WHEREAS the Department of Transportation and Public Facilities currently has the authority to adopt standards governing the size, weight, and loads of vehicles operating on the state highway system and responsibility for construction and maintenance of the state's highways; and
WHEREAS the Department of Commerce and Economic Development currently has the authority to administer and enforce all weight and measure standards in the state; and
WHEREAS transferring the commercial vehicle enforcement functions to another department would not necessarily lead to efficiency; and
WHEREAS the creation within the Department of Transportation and Public Facilities of a unit to enforce size, weight, and load restrictions is inconsistent with the need to reduce the cost of government because it would require more administrative and operating overhead than would be the case if a consolidated division with those responsibilities is retained in the Department of Commerce and Economic Development; and
WHEREAS effective enforcement of the size, weight, and load standards for vehicles operating on the state highway system and the efficient issuance of oversize or overweight permits and the ability to provide optimum coverage for the commercial vehicle enforcement program has been enhanced by fostering a professional and open relationship between the Department of Commerce and Economic Development, the trucking industry, local officials within the Railbelt, the Department of Public Safety, and the Department of Transportation and Public Facilities without compromising the integrity of the commercial vehicle enforcement program and the trucking industry; and
WHEREAS the powers and duties proposed for transfer affect a large number of citizens and have a direct effect on intrastate and interstate commerce; and
WHEREAS, before any transfer of authority is made, the implications and effects of the transfer should be carefully analyzed by the legislature;
BE IT RESOLVED that the Alaska State Legislature disapproves Executive Order No. 89.
LR027
Resolve: LR027
Source Root: HJR036
Year: 1994
Source Bill: CSHJR 36(HES)
Urging the federal Department of Health and Human Services to repeal the "100-hour rule" relating to employment of certain persons receiving AFDC and to replace it with a regulation that will serve as an incentive for AFDC recipients to accept employment of more than 100 hours a month.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS aid to families with dependent children (AFDC) includes aid for a child of a parent who is less than fully employed; and
WHEREAS the Congress, in 42 U.S.C. 607(a), has allowed the federal Department of Health and Human Services to define the meaning of "unemployed" with respect to the AFDC program; and
WHEREAS the federal Department of Health and Human Services, in 45 C.F.R. 233.100, defines "unemployed" to mean being employed less than 100 hours per month; and
WHEREAS this "100-hour rule," which denies benefits to families where a parent works more than 100 hours in a month, fosters dependency, increases the cost of the program, and wastes state and federal program dollars; and
WHEREAS this rule frequently means that AFDC recipients cannot afford to accept any work that would put them over the 100-hour limit even though they would still be less than fully employed; and
WHEREAS, because of this rule, families that might work themselves off of AFDC turn down part-time work and stay on AFDC hoping for a job that will pay enough to support them, thereby giving up a source of income that would partially support the family and reduce their AFDC benefits;
BE IT RESOLVED that the Alaska State Legislature requests the federal Department of Health and Human Services to repeal the "100-hour rule" in 45 C.F.R. 233.100 and replace it with a regulation that will encourage AFDC recipients to accept employment, regardless of the number of hours worked, remaining eligible for AFDC benefits as long as the amount of their income does not exceed the state's standard of need.
COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; Donna E. Shalala, Secretary of Health and Human Services; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR028
Resolve: LR028
Source Root: SJR017
Year: 1994
Source Bill: CSSJR 17(JUD) am H
Relating to reauthorization of the Magnuson Fishery Conservation and Management Act.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Magnuson Fishery Conservation and Management Act established a fishery conservation zone, now known as the exclusive economic zone (EEZ), out to 200 miles off the coast of Alaska and the other coastal states to protect, conserve, and manage the extensive fishery resources of the continental shelf; and
WHEREAS the Magnuson Fishery Conservation and Management Act has fostered rational management of formerly unregulated fisheries off Alaska; and
WHEREAS the Magnuson Fishery Conservation and Management Act has successfully promoted the development of an American fishing industry within the EEZ off Alaska; and
WHEREAS the Magnuson Fishery Conservation and Management Act has eliminated foreign fishing within the EEZ off Alaska; and
WHEREAS the Magnuson Fishery Conservation and Management Act established the North Pacific Fishery Management Council as the fishery management council for the EEZ fisheries off Alaska; and
WHEREAS the Magnuson Fishery Conservation and Management Act since its enactment in 1976 has provided that a majority of the membership of the North Pacific Fishery Management Council be from Alaska; and
WHEREAS it is reasonable and just that a majority of the membership of the fishery management council responsible for the EEZ fisheries off Alaska be Alaskans;
BE IT RESOLVED that the Alaska State Legislature supports the reauthorization of the Magnuson Fishery Conservation and Management Act and respectfully requests the Congress to act expeditiously in reauthorizing the Act; and be it
FURTHER RESOLVED that the Alaska State Legislature respectfully requests that the current geographic composition of the North Pacific Fishery Management Council be retained.
COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Ron Brown, Secretary of the U.S. Department of Commerce; the Honorable Robert C. Byrd, President Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; the Honorable Gerry E. Studds, Chair, Committee on Merchant Marine and Fisheries of the U.S. House of Representatives; the Honorable Thomas J. Manton, Chair, Fisheries Management Subcommittee of the Committee on Merchant Marine and Fisheries of the U.S. House of Representatives; the Honorable Ernest F. Hollings, Chair, Committee on Commerce, Science, and Transportation of the U.S. Senate; the Honorable John C. Danforth, Ranking Minority Member, Committee on Commerce, Science, and Transportation of the U.S. Senate; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR029
Resolve: LR029
Source Root: SCR015
Year: 1994
Source Bill: SCR 15
Relating to the twenty-eighth annual Boys' State.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the twenty-eighth annual Boys' State will be held June 10 - 17, 1994, at the Elks Camp in the Matanuska-Susitna Borough under the sponsorship of the American Legion and cooperating organizations; and
WHEREAS this fine annual program is dedicated to increasing the delegates' awareness of their future roles in state and local government as well as promoting interest and knowledge about the operation of our system of government; and
WHEREAS it is only through an admirable combination of volunteer effort and the enterprising talents of generous individuals who do not receive government or taxpayer monetary support that this week-long youth citizenship exercise known as Boys' State takes place; and
WHEREAS the legislature encourages state and local legislators and other public officials and agencies to volunteer their services and to provide copies of state publications and materials related to the program;
BE IT RESOLVED that the Alaska State Legislature applauds the sponsors of and participants in the twenty-eighth annual Boys' State program; commends those government officials and agencies and private individuals and organizations who support and participate in this exercise in youth citizenship; and promises to continue to provide legislative materials, advice, and encouragement to the Boys' State program as it does to similar worthy civic efforts.
LR030
Resolve: LR030
Source Root: SCR017
Year: 1994
Source Bill: CSSCR 17(STA) am
Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS Alaskan Tommy Moe showed early promise as a world class skier; and
WHEREAS Tommy Moe displayed true Alaskan spirit in overcoming personal hardships and difficulties to continue to develop his athletic skills; and
WHEREAS Tommy Moe and his father, Tommy Moe, Sr., exemplify the importance of family support, love, and devotion -- values Alaskans hold dear; and
WHEREAS Tommy Moe never lost sight of his dream and persevered in bringing honor and respect to the State of Alaska and the United States of America by winning a Gold Medal in the Men's Downhill Skiing and a Silver Medal in the Men's Super-Giant Slalom in the 1994 Winter Olympic Games in Lillehammer, Norway;
BE IT RESOLVED that the members of the Eighteenth Alaska State Legislature reflect Alaska's pride by honoring Tommy Moe for his outstanding athletic achievement and, in so doing, setting an example for Alaskans and Americans everywhere.
COPIES of this resolution shall be sent to Tommy Moe and the members of his family.
LR031
Resolve: LR031
Source Root: SJR046
Year: 1994
Source Bill: CSSJR 46(STA)
Requesting the United States Congress to provide a waiver for nontaxable diesel fuel sold in Alaska from the requirement that it contain a dye additive.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Omnibus Budget Reconciliation Act of 1993 changed the point of collection of the federal highway tax and, effective January 1, 1994, requires dyeing of diesel fuel that is exempt from the federal diesel fuel tax; and
WHEREAS a regulation of the Internal Revenue Service requires dye to be added to nontaxable diesel fuel in the state; and
WHEREAS the use of diesel fuel for taxable purposes in Alaska is substantially below that used in the rest of the United States; the State of Alaska has determined that less than five percent of all diesel fuel sold in the state is sold for taxable purposes for use in on-road vehicles and recreational boats, which means that 95 percent of the diesel fuel in Alaska will have to be dyed; and
WHEREAS compliance with the requirement imposes a special hardship in rural Alaska in that the ability to meet the requirement in some rural areas is threatened due to the logistical limitations of available tankage and controls; and
WHEREAS in a state in which there is a high per capita usage of private aircraft, the dye requirement poses a particular problem for private aircraft users in that the dyed diesel is very similar in color to one or more fuels, which could lead to inadvertent mixing or substitution of fuels and increases the probability of improper fuel handling and potential for accidents, serious bodily injury, or death; and
WHEREAS the Federal Aviation Administration is very concerned about these serious public health issues and associated safety risks; and
WHEREAS the penalties for failure to comply with this legislation can be very high; and
WHEREAS there is no indication of any tax fraud in the state related to the improper use of nontaxable fuel for taxable purposes;
BE IT RESOLVED that the Alaska State Legislature urges the United States Congress to take appropriate action to assure the elimination of the safety threats imposed by the current requirement that nontaxable diesel fuel offered for sale in Alaska be dyed by providing a waiver of the requirement.
COPIES of this resolution shall be sent to the Honorable Al Gore, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Robert C. Byrd, President Pro Tempore of the U.S. Senate; the Honorable Thomas S. Foley, Speaker of the U.S. House of Representatives; the Honorable Lloyd Bentsen, Secretary of the U.S. Department of Treasury; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR032
Resolve: LR032
Source Root: SCR021
Year: 1994
Source Bill: SCR 21
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 505, making appropriations.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
That under Rule 54 of the Uniform Rules of the Alaska State Legislature, the provisions of Rules 24(c), 35, 41(b), and 42(e) of the Uniform Rules, regarding changes to the title of a bill, are suspended in consideration of House Bill No. 505, so that the title is "An Act making appropriations to the constitutional budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; making an appropriation to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and making appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date."
LR033
Resolve: LR033
Source Root: HCR024
Year: 1994
Source Bill: CSHCR 24(JUD) am
Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act and the Alaska Statehood Compact.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS, when the Territory of Alaska became a state, its citizens ratified a compact with the federal government known as the Alaska Statehood Compact, which is embodied in the Alaska Statehood Act that was passed by the Congress; and
WHEREAS compacts such as the Alaska Statehood Act are properly viewed as contracts between sovereigns that may not be unilaterally altered by either party; and
WHEREAS the principle that the controlling terms of statehood acts may not be altered unilaterally has been consistently upheld by the United States Supreme Court in Cooper v. Roberts, 59 U.S. (18 How.) 173 (1855); Beecher v. Wetherby, 95 U.S. (5 Otto) 517 (1877); and Stearns v. Minnesota ex. rel. Marr, 179 U.S. 223 (1900); and
WHEREAS there are sufficient grounds for believing that the federal government has violated this principle by unilaterally altering or attempting to alter important terms of the Alaska Statehood Act and the Alaska Statehood Compact;
BE IT RESOLVED that the Alaska State Legislature strongly supports the governor in his efforts to protect against federal violations of the Alaska Statehood Act and the Alaska Statehood Compact and towards that end strongly supports his decision to file suit against the federal government in Alaska v. United States, United States Court of Federal Claims (Bruggnik), 90-454-L Civ., State v. Brown, United States District Court (Sedwick), A92-364 Civ. and State v. United States, United States Court of Federal Claims.
LR034
Resolve: LR034
Source Root: SJR051
Year: 1994
Source Bill: SJR 51 am H
Expressing support for the development of a fiberboard plant in Sitka; encouraging the Alaska Industrial Development and Export Authority to continue its efforts to assist with that development; and requesting the United States Forest Service to continue a long-term timber purchase contract necessary to supply material to the plant.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the Alaska Industrial Development and Export Authority and the Alaska Pulp Corporation have explored the possibility of constructing a medium density fiberboard plant in Sitka; and
WHEREAS the proposed plant would restore economic activity and create employment opportunities that were lost with the closure of the Sitka pulp mill; and
WHEREAS the proposed plant would, to the maximum extent feasible, make use of existing facilities in Sitka; and
WHEREAS it is the purpose of the Alaska Industrial Development and Export Authority to promote the development of industry and to encourage economic growth within the state; and
WHEREAS the Alaska Industrial Development and Export Authority proposes to continue to assist the Alaska Pulp Corporation to explore the viability of the proposed fiberboard plant by conducting feasibility and other studies, and, if the proposed plant proves to be viable, the Alaska Industrial Development and Export Authority will consider providing financial assistance for the development of the proposed plant, including financial assistance through the issuance of bonds of the Alaska Industrial Development and Export Authority; and
WHEREAS the issuance of bonds by the Alaska Industrial Development and Export Authority for the financing of the proposed plant will require further action by the legislature; and
WHEREAS assistance provided by the Alaska Industrial Development and Export Authority in the proposed restoration and conversion of the Sitka pulp mill to a medium density fiberboard plant will further the purposes of promoting the development of industry and encouraging economic growth in the state and will improve the quality of life in Southeast Alaska by providing jobs and improving the local economy; and
WHEREAS it is essential to the viability of the proposed plant that the Alaska Pulp Corporation be able to maintain an adequate supply of timber; and
WHEREAS the Tongass National Forest is the only adequate, sustainable timber source in Southeast Alaska; and
WHEREAS potential financing of the proposed plant will require a contract between the federal government and the Alaska Pulp Corporation that provides a firm commitment for adequate timber sales from the Tongass National Forest;
BE IT RESOLVED that the Alaska State Legislature supports the continued effort to construct and otherwise develop the proposed medium density fiberboard plant in Sitka and, upon conclusion of any feasibility studies the Alaska Industrial Development and Export Authority considers appropriate, and assuming the results of those feasibility studies are satisfactory, the Alaska State Legislature encourages the Alaska Industrial Development and Export Authority to seek the legislative approval necessary to proceed with the financing of the proposed plant; and be it
FURTHER RESOLVED that the Alaska State Legislature encourages the Alaska Industrial Development and Export Authority to continue to work with, and provide assistance to, the Alaska Pulp Corporation, to the extent of its ability underAS 44.88,
for the development of the proposed fiberboard plant in Sitka; and be it
FURTHER RESOLVED that the Forest Service of the United States Department of Agriculture is respectfully requested to reconsider its decision to cancel its long-term timber contract with the Alaska Pulp Corporation.
COPIES of this resolution shall be sent to the Honorable Jack Ward Thomas, Chief of the United States Forest Service; and to William R. Snell, Executive Director of the Alaska Industrial Development and Export Authority; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
LR035
Resolve: LR035
Source Root: HCR030
Year: 1994
Source Bill: HCR 30
Relating to the twenty-sixth annual Girls' State.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the twenty-sixth annual Girls' State will be held June 10 - 17, 1994, at the University of Alaska Fairbanks under the sponsorship of the American Legion Auxiliary and cooperating organizations; and
WHEREAS this outstanding annual program of the American Legion Auxiliary ranks high among the efforts of several Alaska organizations to bring to the youth delegates an awareness of their future roles in state and local government; and
WHEREAS this week-long youth citizen exercise of Girls' State is made possible by an admirable combination of volunteer service and the free enterprise of generous people and organizations without placing a financial burden on government or on the taxpayer; and
WHEREAS it is consistent with these standards for the legislature to encourage state and local legislators and other public officials and agencies to volunteer their services and provide copies of state publications and materials that form an important part of the program;
BE IT RESOLVED that the Alaska State Legislature salutes the sponsors of and participants in the twenty-sixth annual Girls' State program; commends those government officials and agencies and private individuals and organizations who support and participate in this exercise in youth citizenship; and pledges to continue to provide legislative materials, advice, and encouragement to the Girls' State program as it does to similar worthy civic efforts.
LR036
Resolve: LR036
Source Root: HCR028
Year: 1994
Source Bill: HCR 28
Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified.
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS, in the early 1980s, the state was sued by various inmates of state correctional institutions who alleged in a case, known as Cleary v. Smith (Cleary), that some, if not all, of the conditions of their confinement were unconstitutional; and
WHEREAS, in Cleary, the state entered into partial settlement agreements to resolve some of the issues of the litigation in the superior court, and the superior court made various findings of fact and conclusions of law and issued orders and decisions based upon the partial settlement agreements and the findings of fact and conclusions of law; and
WHEREAS the superior court, in Cleary, did not find in all cases that the conditions of confinement were at that time unconstitutional; it only found that in some circumstances the conditions of confinement may become unconstitutional at some future unspecified date; and
WHEREAS, despite this failure to find present unconstitutional conditions of confinement, the superior court decided, and in at least some situations the state agreed to allow the court, to dictate conditions of confinement for the correctional system of the state, either through the settlement agreements or the court's orders and decisions, and the superior court continues to oversee the correctional system to ensure that the state complies with all of its orders and decisions; and
WHEREAS the settlement agreements and orders and decisions of the superior court in many situations impose burdens on the state that extend beyond the levels that are required by the state constitution for conditions of confinement as decided by courts both before and after Cleary; and
WHEREAS any unconstitutional conditions of confinement found by the superior court have long ago been satisfied by the state, and continued court intervention in the day-to- day affairs of the correctional system is no longer necessary; and
WHEREAS the Cleary case has helped to make this state's correctional system one of the most, if not the most, expensive correctional system in the United States, if not the world, based upon per prisoner costs of incarceration, by its mandating of conditions beyond those necessary to comply with the constitution; and
WHEREAS continued oversight of the correctional system by the superior court, even when no constitutional violations existed or continue to exist, directly impinges on authority of the legislature to enact laws relating to the corrections system and the authority of the executive branch to implement and enforce those laws and constitutes a fiscal burden that the state cannot afford in these times of declining prices for and production of oil; and
WHEREAS Alaska Rule of Civil Procedure 60(b) allows a court to relieve a party from the burden of a judgment, order, or other proceeding; and
WHEREAS, in Rufo v. Inmates of the Suffolk County Jail (Rufo), the United States Supreme Court considered the reach of federal Rule of Civil Procedure 60(b), upon which Alaska Rule of Civil Procedure 60(b) is based, in the context of a motion to relieve the Commonwealth of Massachusetts and a Massachusetts county from a consent decree that was entered into to resolve jail litigation on the ground that changed circumstances made it no longer equitable that the decree be enforced, the changed circumstances being fiscal constraints (declining state revenues) and a purported change in the law; and
WHEREAS, in Rufo, the United States Supreme Court said that modification under federal Rule of Civil Procedure 60(b) may be warranted when changed factual conditions make compliance with the court order substantially more onerous or when statutory or decisional law has changed to make legal that which the order was designed to prevent and that a court, in considering whether to grant a modification, should consider the public interest; in this regard the United States Supreme Court said: "To refuse modification of a decree is to bind all future officers of the State, regardless of their view of the necessity of relief from one or more provisions of a decree that might not have been entered had the matter been litigated to its conclusion . . . Financial constraints may not be used to justify the creation or perpetuation of constitutional violations, but they are a legitimate concern of government defendants in institutional reform litigation and therefore are appropriately considered in tailoring a consent decree modification"; and
WHEREAS this reasoning of the United States Supreme Court, though not binding on Alaska courts in the interpretation of Alaska Rule of Civil Procedure 60(b), is certainly instructive as to how Alaska Rule of Civil Procedure 60(b) should be applied and due to declining revenue, the current and future legislatures and state officials should not be held to the settlement agreements, orders, and decisions in the Cleary case;
BE IT RESOLVED that the Alaska State Legislature respectfully requests the Governor to direct the Attorney General to undertake all available means to dissolve or modify the partial settlement agreements, orders, and decisions in Cleary v. Smith.
COPIES of this resolution shall be sent to the Honorable Bruce Botelho, Attorney General; and the Honorable Frank Prewitt, Commissioner of Corrections.
