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LR013

Resolve: LR013

Source Root: HCR015

Year: 1997

Source Bill: HCR 15

Authorizing a recess by the Senate and the House of Representatives for a period of more than three days.

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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 March 28, 29, 30, and 31 of 1997 and that each house concurs in this four-day recess by the other.

LR014

Resolve: LR014

Source Root: HCR008

Year: 1997

Source Bill: HCR 8

Creating the Deferred Maintenance Task Force.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the maintenance costs for public facilities represent a significant expense of state government; and

WHEREAS a substantial amount of maintenance costs for public facilities have been deferred from previous years; and

WHEREAS these deferred maintenance costs should be addressed in a comprehensive manner that gives due regard both to the importance of preserving the value of the facilities with proper maintenance and to the restricted availability of funds to meet maintenance needs;

BE IT RESOLVED that the Alaska State Legislature establishes the Deferred Maintenance Task Force to make recommendations to the Governor and the legislature on how to address the deferred maintenance needs of public facilities, including transportation facilities, educational facilities, and the other types of public facilities described and defined inAS 44.42.055 ; and be it

FURTHER RESOLVED that the task force shall consist of the following ten voting members:

(1) five members of the House of Representatives appointed by the Speaker of the House; at least one member shall be a member of the majority and at least one a member of the minority; and

(2) five members of the Senate appointed by the President of the Senate; at least one member shall be a member of the majority and at least one a member of the minority; and be it

FURTHER RESOLVED that the task force includes the Speaker of the House of Representatives and the President of the Senate as nonvoting members; and be it

FURTHER RESOLVED that the task force shall select a chair and vice-chair from among its members, shall meet as frequently as the task force determines necessary to perform its work, may meet during the interim, and may meet and vote by teleconference; and be it

FURTHER RESOLVED that the task force shall

(1) review and evaluate state policy and strategy recommendations and assumptions from reports and publications from similar efforts in the past made by the executive branch, the legislative branch, and other public and private individuals and organizations;

(2) identify and evaluate all current and deferred maintenance needs for public facilities, including their location, estimated costs, and the priority with which they should be addressed; the task force shall coordinate with the University of Alaska, the principal state departments, municipalities, the office of management and budget, and other affected entities in order to ensure that the task force's work is as comprehensive and complete as possible;

(3) disseminate information and solicit public comment about its subject of consideration;

(4) submit a report of its findings and recommendations to the Governor and the legislature by the convening of the Second Regular Session of the Twentieth Alaska State Legislature concerning the current scope of deferred maintenance for public facilities and, to the extent necessary, a plan for funding the expenses of the deferred maintenance needs identified by the task force; and be it

FURTHER RESOLVED that the task force may begin work immediately upon the appointment of its full membership and is terminated upon the convening of the Second Regular Session of the Twentieth Alaska State Legislature.

LR015

Resolve: LR015

Source Root: SJR022

Year: 1997

Source Bill: SJR 22 am H

Inviting the United States Department of Defense to select Alaska as the site to base and train military troops.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the nation's military strategy has shifted from its focus during the Cold War on deterrence and containment to support for the nation's new policies of global leadership in preventive diplomacy and promotion of democratic values; and

WHEREAS our armed forces, in the face of budget and force reductions and increasingly limited resources, are now called upon to conduct operations ranging from enforcing peace to preventing conflict and providing humanitarian assistance, while at all times remaining fully trained and prepared to accomplish their ultimate mission: to fight our nation's wars and win; and

WHEREAS the United States Department of Defense is now conducting its quadrennial review to evaluate the roles, missions, force structure, and base structure required to meet the challenges of the changing world situation; and

WHEREAS Alaska's military bases offer the armed forces an unmatched military value as a global power projection platform, as well as incomparable joint training areas that combine world class airspace and air-to-surface target ranges with state-of-the-art electronic arrays and capabilities and a wide range of terrain that is similar to the terrain of many worldwide contingency operations areas; and

WHEREAS the State of Alaska and its citizens have always extended a warm welcome to members of the armed forces and their families and supported them with state and local programs and educational opportunities that recognize the contributions that members of the armed forces and their families have made to our nation as well as to our local communities;

BE IT RESOLVED that the Alaska State Legislature invites the United States Department of Defense to make use of Alaska's unique qualities and capabilities by selecting military areas of operation within the state as the site to base and train the full spectrum force our nation now requires to successfully deploy and conduct both joint and combined operations in environments around the world.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; to the Honorable Al Gore, Vice-President of the United States and President of the U.S. Senate; the Honorable William S. Cohen, Secretary of Defense; the Honorable Togo D. West, Jr., Secretary of the Army; the Honorable John H. Dalton, Secretary of the Navy; the Honorable Sheila E. Widnall, Secretary of the Air Force; the Honorable Strom Thurmond, Chairman of the Committee on Armed Services of the U.S. Senate; the Honorable Floyd D. Spence, Chairman of the National Security Committee 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.

LR016

Resolve: LR016

Source Root: SJR024

Year: 1997

Source Bill: CSSJR 24 (RES)

Relating to the Tongass Land Management Plan and to continued Congressional oversight of that plan.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS employment and economic prosperity in Southeast Alaska are inextricably linked to the resources of the Tongass National Forest and are dependent on the management of those resources; and

WHEREAS jobs in the forest products industry are an important element of the economic diversity of Southeast Alaska and should provide an opportunity in the region for communities to maintain healthy economies; and

WHEREAS approximately 60 percent of timber industry jobs have been lost since passage of the Tongass Timber Reform Act of 1990; and

WHEREAS the establishment of a value-added forest products industry in Southeast Alaska can occur only as a segment of a fully integrated forest products industry capable of the harvesting, transporting, and primary processing of raw forest products into a form usable by the value-added sector of the industry; and

WHEREAS the Alaska Congressional delegation has consistently supported the historic sustainable harvest levels from the Tongass National Forest that are of vital importance to all Southeast Alaska communities and continues to work for the restoration of the socioeconomic vitality of communities devastated by the failure of the federal government to meet contractual and Tongass Land Management Plan (TLMP) commitments; and

WHEREAS the Governor's Timber Task Force has determined that an annual harvest of 300 MMBF is the minimum level necessary to sustain an integrated timber industry in Southeast Alaska; and

WHEREAS the draft TLMP Environmental Impact Statement indicates no viability problem for any species of wildlife or fish on the Tongass National Forest under any of the proposed plan alternatives for at least the next 10 - 15 year planning cycle; and

WHEREAS the United States Forest Service testified before oversight hearings held by Senator Murkowski last summer that the draft TLMP was based on the best science available and indicated no current viability problem for any species of fish or wildlife on the Tongass National Forest; and

WHEREAS the United States Forest Service's wildlife conservation model is based on inadequate data and science extrapolated from models developed for use with South Seas Islands species; and

WHEREAS the lack of any near-term viability crisis for any species of fish or wildlife on the Tongass National Forest provides the opportunity for maintaining a steady course while the necessary Tongass-based science on which to base a long-term conservation strategy is developed; and

WHEREAS, after 10 years of data gathering, analysis, and planning by the United States Forest Service, the people of Southeast Alaska are still burdened by the uncertainty of a stable, reliable timber supply; and

WHEREAS adoption of a final TLMP alternative incapable of providing for a minimum 300 MMBF harvest level will almost certainly cause substantial additional job loss and economic dislocation in the communities of Southeast Alaska that are dependent on a stable supply of timber for all or part of their economic well-being;

BE IT RESOLVED that the Alaska State Legislature supports the efforts of the Alaska Congressional delegation, in its oversight responsibilities, to ensure that the Tongass National Forest restores and continues to provide for the socioeconomic vitality of the communities of Southeast Alaska; and be it

FURTHER RESOLVED that the Alaska State Legislature supports, at a minimum, the recommendation of the Governor's Timber Task Force that the United States Forest Service make available an annual amount of at least 300 MMBF of timber that is economical to harvest from the Tongass National Forest with offerings uniformly released throughout each fiscal year, because any record of decision that further reduces the harvest level in the Tongass below that volume will continue the devastation of the existing timber industry infrastructure throughout Southeast Alaska and preclude the reestablishment of an integrated forest products industry in Southeast Alaska; and be it

FURTHER RESOLVED that the Alaska State Legislature strongly objects to any Tongass Land Management Plan revision that would prevent the United States Forest Service from making available an annual amount of 300 MMBF of timber that is economical to harvest from the Tongass National Forest and urges that a Tongass Land Management Plan Record of Decision allowing for such an offering level be issued without further delay; and be it

FURTHER RESOLVED that the Alaska State Legislature supports continued Congressional oversight and review of the adequacy of the science, social and economic analysis, and process employed by the United States Forest Service in order to ensure that any decisions by the United States Forest Service are not detrimental to the social and economic well-being of the communities and people of Southeast Alaska and that all decisions are scientifically credible and legally defensible.

COPIES of this resolution shall be sent 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.

LR017

Resolve: LR017

Source Root: Source Root: SCR008

Year: 1997

Source Bill: SCR 8

Relating to the twenty-ninth annual Girls' State.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the twenty-ninth annual Girls' State will be held June 8 - 15, 1997, at Camp Challenge near Palmer 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-ninth 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.

LR018

Resolve: LR018

Source Root: SCR007

Year: 1997

Source Bill: SCR 7

Relating to the thirty-first annual Boys' State.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the thirty-first annual Boys' State will be held June 21 - 28, 1997, at Camp Challenge near Palmer under the sponsorship of the American Legion and cooperating organizations; and

WHEREAS this outstanding 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 thirty-first 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.

LR019

Resolve: LR019

Source Root: SJR020

Year: 1997

Source Bill: CSSJR 20 (RLS) am H

Requesting the United States Congress to accommodate Alaska's unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaska's outstanding history of wetlands conservation.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS, in 1972, the federal Clean Water Act allowed a broad expansion of federal jurisdiction over wetlands by modifying the definition of navigable waters to include all waters of the United States; and

WHEREAS, in 1975, the United States Army Corps of Engineers expanded wetlands regulations to include restricted discharge of dredged and fill material into wetlands; and

WHEREAS, in 1997, the United States Army Corps of Engineers has proposed to phase out its Nationwide Permit 26 (NWP 26) that allows developers to fill wetlands from one to 10 acres without gaining individual permit approval; and

WHEREAS this particular action may put a financial and logistical constraint on thousands of homeowners, businesses, and communities; and

WHEREAS Alaska contains more wetlands than all other states combined; and

WHEREAS approximately 99.5 percent of Alaska's original wetlands acreage remains today; and

WHEREAS most Alaska communities, including some 200 rural villages, are located in areas where wetlands are the dominant feature of the landscape; and

WHEREAS 88 percent of Alaska's wetlands are publicly owned; and

WHEREAS more than 60,000,000 acres of Alaska's wetlands are known to be conserved in some form of land designation, including federally designated wilderness land, federal park and refuge land, and state park and refuge land, that restricts use or degradation of wetlands;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the United States Congress to amend the federal Clean Water Act to modify the wetlands regulatory program to

(1) continue existing activities related to airport safety, logging, mining, ice pads, roads, and snow removal without the existing requirement that the activity be determined not to add to the "cumulative" loss of wetlands nationally;

(2) provide flexibility in Alaska wetlands permitting commensurate with the large amount of wetlands set aside in Alaska and the low historic rate of wetlands loss in Alaska;

(3) eliminate existing requirements in states with substantial conserved wetlands to mitigate unavoidable impacts or to prove no alternative sites are available; and

(4) require the United States Army Corps of Engineers to customize a permitting process for all lands in Alaska that does not include burdensome mitigation, avoidance, and other requirements applying nationally; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully requests the United States Congress to recognize the unique contribution the citizens of Alaska have made to wetlands conservation and Alaska's outstanding record of wetlands conservation.

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 Strom Thurmond, President Pro Tempore of the U.S. Senate; the Honorable Trent Lott, Majority Leader of the U.S. Senate; the Honorable Thomas Daschle, Minority Leader of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Dick Armey, Majority Leader of the U.S. House of Representatives; the Honorable Richard A. Gephardt, Minority Leader of the U.S. House of Representatives; the Honorable John H. Chafee, Chair of the Senate Committee on Environment and Public Works; 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: HJR016

Year: 1997

Source Bill: HJR 16

Relating to a federal balanced budget amendment.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS it is in the national interest for the federal government to live within its means; and

WHEREAS eliminating the national deficit and controlling national government spending could be accomplished by the passage of a balanced budget amendment by the United States Congress and ratification of the amendment by the states of the Union;

BE IT RESOLVED that the Alaska State Legislature urges the United States Congress to pass, and the President to support, a resolution proposing an amendment to the United States Constitution that requires the balancing of the federal budget; and be it

FURTHER RESOLVED that the Alaska State Legislature urges the legislature of each state of the nation to ratify a balanced budget amendment that is passed by the United States Congress.

LR021

Resolve: LR021

Source Root: HJR023

Year: 1997

Source Bill: HJR 23

Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the United States Internal Revenue Service is engaging in the seizure and involuntary sale of Alaska commercial fishing entry permits in order to collect past taxes owed by commercial fishermen; and

WHEREAS the United States Internal Revenue Service persists in seizing and selling entry permits even when the seizure results in a significant economic hardship to the commercial fisherman in spite of federal law (26 U.S.C. 6343) which requires the Internal Revenue Service to release a levy to avoid inflicting economic hardship on a taxpayer; and

WHEREAS the United States Internal Revenue Service entered into a formal Memorandum of Understanding with the State of Alaska under which the Internal Revenue Service agreed to cooperate with the State in good faith before selling seized entry permits; and

WHEREAS, under the agreement with the United States Internal Revenue Service, the State of Alaska has already expended more than $4,500,000 in consideration to the Internal Revenue Service through the state's tax obligation loan program; and

WHEREAS the United States Internal Revenue Service recently sold an entry permit on only two days notice to the State of Alaska and received at the sale only $5,005 for an entry permit valued at $30,000; and

WHEREAS the United States Internal Revenue Service is promoting litigation against the State of Alaska by private individuals to compel the State to accede to involuntary transfers of entry permits resulting from sales conducted by the Internal Revenue Service; and

WHEREAS the United States Internal Revenue Service is threatening to continue seizing and selling entry permits and proposes to seize even more entry permits in Alaska; and

WHEREAS the State of Alaska amended its constitution to allow for the issuance of commercial fishing entry permits in order to conserve Alaska's fishery resources and to prevent economic distress among fishermen and those dependent upon them for a livelihood; and

WHEREAS Alaska commercial fishing entry permits are use privileges created by the State of Alaska to enable commercial fishermen to engage in use of Alaska's common property fishery resources; and

WHEREAS an entry permit authorizes a fisherman to pursue a livelihood in the commercial fisheries of Alaska for the support of the fisherman and the fisherman's family and dependents; and

WHEREAS an entry permit is a legally mandated tool of the trade without which a fisherman may not fish in a limited entry commercial fishery; and

WHEREAS commercial fishermen who lose their entry permits are deprived of a source of economic livelihood; and

WHEREAS the seizure and involuntary sale of an entry permit deprives the fisherman of a means of support for the fisherman and the fisherman's family and dependents and of a means to earn money to repay debts owed to creditors, and brings the creditors only a fraction of the real value of the entry permit when the entry permit is sold; and

WHEREAS the State of Alaska has sought to protect the economic livelihood of fishermen from loss of their entry permits through foreclosure and sale for debts; and

WHEREAS the seizure and sale of entry permits by the United States Internal Revenue Service deprives the federal government of payments owed on back taxes by depriving the permit holder of a means to raise funds to pay the debt and limits the ability of the permit holder to pay other debts, including child support obligations, not to mention the ability of the permit holder to earn a livelihood; and

WHEREAS it is in the best interest of the federal government to recoup back taxes through the income earned by viable productive commercial fishing enterprises operated by entry permit holders rather than to recover insignificant amounts through the sale of fishermen's tools of the trade -- Alaska commercial fishing entry permits;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Alaska delegation in Congress to employ all available means to obtain just relief from the actions of the United States Internal Revenue Service toward commercial fishermen in Alaska by

(1) requiring the United States Internal Revenue Service to collect taxes from dollars generated by the sale of fish and through the voluntary sale of entry permits instead of through the forced sale of Alaska commercial fishing entry permits at unconscionably low prices;

(2) ensuring that the United States Internal Revenue Service complies with federal law, including its duty under 26 U.S.C. 6343 to release a levy in order to avoid inflicting economic hardship on a taxpayer; and

(3) protecting the fishing privileges and right to work of Alaska fishermen.

LR022

Resolve: LR022

Source Root: SCR006

Year: 1997

Source Bill: HCS SCR 6 (RES)

Relating to the Alaska Telemedicine Project.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the Alaska Telemedicine Project, founded by the University of Alaska, Anchorage, Providence Health Systems in Alaska, and AT&T Alascom, is a private/public consortium of over 34 telecommunications carriers and health care organizations, including Native health corporations, dedicated to using telecommunications and information technology to improve the delivery of health care to all Alaskans; and

WHEREAS the Alaska Telemedicine Project is beginning its fourth year of operations; and

WHEREAS the Alaska Telemedicine Project has predicated its existence on the idea that "our" health care dollars must be used wisely, and that advances in telecommunications and information technology offer the promise of health care system re-engineering that can both contain costs of health care and improve the quality of health care for all Alaskans; and

WHEREAS the Alaska Telemedicine Project has performed planning for narrow bandwidth telemedicine and telehealth applications that has been predicated on current and planned end user telecommunications and information technology systems in Alaska; and

WHEREAS the Alaska Telemedicine Project has been dedicated to assessing the needs of all health care organizations in the state, demonstrating appropriate telemedicine and telehealth technologies and applications scaled to Alaska's current and planned infrastructure, and evaluating these demonstration projects for cost and benefit, satisfaction, and use; and

WHEREAS the Alaska Telemedicine Project has developed an evaluation method, sanctioned by the National Library of Medicine, designed to reveal cost and benefits, satisfaction, and use of telemedicine and telehealth applications and technologies scaled to Alaska's current and planned telecommunications and information technology infrastructure; and

WHEREAS the Alaska Telemedicine Project has established a nonprofit Alaska TeleHealth Network for e-mail, digital imagery, and continuing medical and health care information and education throughout the state; and

WHEREAS the Alaska Telemedicine Project has been recognized by the government of Romania, the National Library of Medicine, and the United States Department of Commerce as a model for telemedicine and telehealth applications and technologies in rural America and developing nations; and

WHEREAS the Alaska Telemedicine Project has performed all these accomplishments without new, dedicated funding from the state; and

WHEREAS the Alaska Telemedicine Project will not preclude other entities within the state from applying for funding for technology, but support them in their efforts to develop partnerships to secure funding and expertise in the telemedicine field;

BE IT RESOLVED that the Twentieth Alaska State Legislature recognizes the Alaska Telemedicine Project, its founding organizations, and commends its leadership for advancing telemedicine and telehealth in the State of Alaska.

LR023

Resolve: LR023

Source Root: SJR016

Year: 1997

Source Bill: CSSJR 16 (RES) am H

Relating to reauthorization and reform of the Endangered Species Act.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the Endangered Species Act (Act) will be considered for reauthorization by the Congress; and

WHEREAS the State of Alaska supports the basic concept embodied in the Act to prevent the extinction of species; and

WHEREAS effective protection for most endangered species is dependent upon cooperation among federal agencies, state fish and wildlife agencies, local governments, and private landowners; and

WHEREAS improper implementation of the Act has often created adversarial relationships among federal agencies, state fish and wildlife agencies, local governments, and private landowners; and

WHEREAS the detrimental effects of the Act on private landowners and regional economies is a disincentive for landowners to cooperate in the implementation of the Act and results in less protection for potentially endangered species on private land; and

WHEREAS the federal agencies charged with administering the Act have often misused their authority under the Act; and

WHEREAS an inadequate scientific basis exists for many decisions made by federal agencies regarding the listing of species and recovery plans for endangered species; and

WHEREAS administrative reforms promised by the Clinton administration either have not been implemented or have been wholly inadequate; and

WHEREAS new policies adopted by the federal agencies charged with implementing the Act have not significantly improved the implementation of the Act;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Congress to proceed with reauthorization of the Endangered Species Act (Act); and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully recommends that the reauthorized Act contain the following features in order to assure partnerships with the states, protection of private property rights, and appropriate conservation of endangered species:

(1) an effective partnership with the states in the conservation of endangered species;

(2) greater flexibility for states in implementing the Act, including opportunity for consultation under sec. 7 of the Act;

(3) an exemption from the Federal Advisory Committee Act for cooperative ventures with the states;

(4) requirements for stricter scientific and quantitative criteria for listing species under the Act;

(5) require establishment of biologically sound de-listing criteria and recovery plan population objectives and require timely and mandatory de-listing once recovery plan population objectives have been met;

(6) clarification of the definition of "species" to limit the listing of "distinct population segments" to evolutionarily significant units and major segments of a species' range;

(7) establishment of taxonomic standards for listing subspecies under the Act;

(8) scientific peer review procedures for listing and "de-listing" of species under the Act;

(9) establishment of species conservation and recovery standards that take into consideration the ability of a species to recover, the costs of implementation, and the public interest; and

(10) a requirement that recovery plans impose equitable burdens on user groups; and be it

FURTHER RESOLVED that the Alaska State Legislature requests that the reauthorized Act not include

(1) an expansion of federal authority;

(2) provisions that further complicate the law by integrating implementation of the Biodiversity Treaty with the Act; and

(3) the creation of a new, overlapping, and ambiguous biological diversity reserve system.

COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; 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: HCR004

Year: 1997

Source Bill: CSHCR 4 (JUD)

Relating to records generated and maintained by the Department of Health and Social Services.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the Department of Health and Social Services currently generates and maintains records relating to minors who are or are alleged to be children in need of aid (CINA) and relating to minors who are or are alleged to be delinquent; and

WHEREAS CINA and delinquency records may be subject to different treatment under laws and court rules governing their use and disclosure;

BE IT RESOLVED that the Alaska State Legislature respectfully requests the Governor to direct the Department of Health and Social Services to undertake whatever administrative actions may be necessary so that delinquency information can be disclosed with minimal loss of federal funds.

LR025

Resolve: LR025

Source Root: SJR014

Year: 1997

Source Bill: SJR 14 am H

Relating to support for federal legislation permitting state concealed handgun permittees to carry concealed handguns in other states.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS, in 1994, residents of the state were allowed to receive permits to carry concealed handguns for their personal protection and defense and to effectuate the rights guaranteed to those residents under the Second Amendment to the United States Constitution and art. I, sec. 19, of the Constitution of the State of Alaska; and

WHEREAS many states have provided their residents with the authority to carry concealed handguns as this state has; and

WHEREAS this need and desire for personal protection and defense does not end at the borders of the state of a person's residence; and

WHEREAS there is only limited and haphazard reciprocity allowing concealed handgun permittees of one state to carry a concealed handgun or receive a permit to carry a concealed handgun in another state; and

WHEREAS H.R. 339 has been introduced in the United States House of Representatives to allow concealed handgun permittees of one state to carry concealed handguns in each of the other states;

BE IT RESOLVED that the Alaska State Legislature supports H.R. 339 that effectuates the citizens' rights to bear arms for their personal protection and defense and urges that it be passed by both the United States House of Representatives and the United States Senate as soon as possible in the 105th Congress.

LR026

Resolve: LR026

Source Root: SJR025

Year: 1997

Source Bill: SJR 25

Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS a new northern railroad route will provide majestic views of Mt. McKinley, the opportunity to enjoy a wilderness experience, and the chance to encounter wildlife in its natural habitat, and would connect to the Alaska Railroad corridor; and

WHEREAS a new northern railroad access would enhance the Mt. McKinley experience for visitors to Denali National Park and Preserve, promote tourism statewide through greater visitor satisfaction, and provide a foundation for year-round visitation; and

WHEREAS insufficient transportation access to premier viewing areas in Denali National Park and Preserve and the lack of facilities at these areas are major obstacles to enhancing the wilderness experience that the park offers; and

WHEREAS a new northern railroad transportation system and visitor facilities can be designed and constructed so as not to detract from the qualities that make Denali National Park and Preserve the state's premier visitor attraction; and

WHEREAS the Wonder Lake area, located on the north side of Denali National Park and Preserve, has a dry interior climate, long daylight hours, and splendid viewing opportunities, and offers the potential to promote both summer and winter activities; and

WHEREAS creating a new northern railroad access into Denali National Park and Preserve, taking advantage of a long-established and historic transportation route previously used by the mining industry, would offer an opportunity for the private sector to meet the increased demand for tourism facilities; and

WHEREAS, without making a substantial claim on the state's financial resources, the state is uniquely able to assist in this effort to develop a new northern railroad route by supporting the private sector efforts underway, by making available for use the state land adjacent to Denali National Park and Preserve for the creation of a railroad route corridor, and by monitoring negotiations that would encourage development opportunities involving the private sector;

BE IT RESOLVED that the Alaska State Legislature strongly supports the efforts of the federal and state governments and the private sector to complete the necessary studies and acquire the necessary permits that would identify and open a new northern railroad route to the vicinity of Wonder Lake and spur the appropriate development of visitor facilities in the Wonder Lake area; and be it

FURTHER RESOLVED that the Alaska State Legislature respectfully urges the Governor and the state's executive branch agencies to be aggressive in their resolve to support the consensus of Alaska opinion in supporting the creation of a new northern railroad access into Denali National Park and Preserve, as represented by resolutions of endorsement from the city councils of North Pole, Fairbanks, Nenana, and Seward, the Assembly of the Municipality of Anchorage, and the Assemblies of the Denali, Fairbanks North Star, and Matanuska-Susitna Boroughs, to enhance the Mt. McKinley experience for visitors and the creation of a rail connection between the Wonder Lake area and the Alaska Railroad; and be it

FURTHER RESOLVED that appropriate state agencies should work with the National Park Service and interested government officials and representatives of the private sector to investigate the potential of establishing a new northern railroad route into the Wonder Lake area of Denali National Park and Preserve, for the appropriate development of facilities in this area that would serve the needs of park visitors.

LR027

Resolve: LR027

Source Root: HJR030

Year: 1997

Source Bill: SCS HJR 30 (JUD)

Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the State of Alaska is within the jurisdiction of the United States Court of Appeals for the Ninth Circuit; and

WHEREAS the Court of Appeals for the Ninth Circuit consists of the States of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington and the federal territories, possessions, and protectorates in the Pacific; and

WHEREAS United States Senators Stevens and Murkowski of Alaska, Senators Craig and Kempthorne of Idaho, Senator Smith of Oregon, Senator Burns of Montana, and Senator Gorton of Washington have introduced S. 431, a bill that would amend Title 28 of the United States Code to divide the Court of Appeals for the Ninth Circuit into two circuits, and that has the short title of the "Ninth Circuit Court of Appeals Reorganization Act of 1997"; and

WHEREAS S. 431 proposes to remove the states of Alaska, Idaho, Montana, Oregon, and Washington from the Court of Appeals for the Ninth Circuit and place them in a new Court of Appeals for the Twelfth Circuit to be headquartered in Portland, Oregon and Seattle, Washington; and

WHEREAS S. 431 would make each circuit judge of the Court of Appeals for the Ninth Circuit whose duty station is in Alaska, Idaho, Montana, Oregon, or Washington a circuit judge of the new Court of Appeals for the Twelfth Circuit; and

WHEREAS the membership of the Court of Appeals for the Ninth Circuit is heavily weighted toward the State of California and the court seems to concern itself predominately with issues arising out of California and the southwestern United States; and

WHEREAS the Court of Appeals for the Ninth Circuit's case filings in 1995 were greater than any other federal circuit and in 1996 were the second greatest; and

WHEREAS the Court of Appeals for the Ninth Circuit serves a population of more than 45,000,000 people, well over one-third more than any other federal circuit; and

WHEREAS members of the Court of Appeals for the Ninth Circuit have shown a surprising lack of understanding of Alaska's people and geography that has resulted in decisions that have often caused the people of Alaska unnecessary hardship; and

WHEREAS, in the so-called "Katie John" subsistence case, which is of tremendous importance to the people of the State of Alaska, even though the Court of Appeals for the Ninth Circuit granted expedited consideration of that case, the court did not issue its decision for over 13 months; and

WHEREAS Attorney General Bruce Botelho estimates that there are more than 200 Alaska cases currently pending before the Court of Appeals for the Ninth Circuit; and

WHEREAS the Attorneys General of the States of Idaho, Montana, Oregon, and Washington have also found previously that similar issues of unnecessary delay concerning, lack of understanding of, and lack of consideration for cases and issues by the Court of Appeals for the Ninth Circuit exist in regard to those states; and

WHEREAS the Attorneys General of the States of Alaska, Idaho, Montana, Oregon, and Washington endorsed S. 965, introduced in the previous Congress to create a new Twelfth Circuit Court of Appeals and the forerunner to S. 431; and

WHEREAS the creation of a new Court of Appeals for the Twelfth Circuit encompassing the States of Alaska, Idaho, Montana, Oregon, and Washington by S. 431 would benefit these similar states by providing speedier and more consistent rulings by jurists who have a greater familiarity with the social, geographical, political, and economic life of the region;

BE IT RESOLVED that the Alaska State Legislature supports creation of a new Court of Appeals for the Twelfth Circuit for the States of Alaska, Idaho, Montana, Oregon, and Washington headquartered in the Pacific Northwest; and respectfully requests the United States Congress to act in an expeditious manner.

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 Strom Thurmond, President Pro Tempore of the U.S. Senate; the Honorable Newt Gingrich, Speaker of the U.S. House of Representatives; the Honorable Trent Lott, Majority Leader of the U.S. Senate; the Honorable Dick Armey, Majority Leader of the U.S. House of Representatives; the Honorable Thomas Daschle, Minority Leader of the U.S. Senate; the Honorable Richard A. Gephardt, Minority Leader of the U.S. House of Representatives; the Honorable Orrin G. Hatch, Chair of the U.S. Senate Committee on the Judiciary; the Honorable Henry J. Hyde, Chair of the U.S. House Committee on the Judiciary; 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: SCR009

Year: 1997

Source Bill: SCR 9

Declaring June 1 - 7, 1997, to be Alaska Garden Week.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS gardening instills an appreciation of nature and an awareness of the value of conservation and the need for pollution control, as well as enhancing the environment; and

WHEREAS this awareness and this appreciation heighten each citizen's sense of responsibility and trusteeship for this great state; and

WHEREAS gardening efforts bring beauty to communities and promote individual and community pride; and

WHEREAS gardening furnishes a challenging and productive full or part-time activity for a large number of citizens in this state and yields a great variety of flowers of breathtaking beauty that enhance the state's appearance; and

WHEREAS the gardeners of this state produce a large quantity of food for its citizens and have established and continue to sustain more than $28,000,000 in horticultural business in this state;

BE IT RESOLVED that, in order to recognize the importance of gardening to the state, the Alaska State Legislature declares June 1 - 7, 1997, Alaska Garden Week; and be it

FURTHER RESOLVED that the Alaska State Legislature encourages all Alaskans to observe Alaska Garden Week by recognizing the importance of gardening to the state's economy, to the enhancement of neighborhoods in the state, to the improvement of the mental and physical well-being of the citizens of this state, and to the promotion of civic pride throughout the state.

LR029

Resolve: LR029

Source Root: SJR019

Year: 1997

Source Bill: SJR 19

Relating to naming Anchorage as the location of the 2001 Special Olympics World Winter Games.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS it is the mission of Special Olympics International to provide year-round sports training and athletic competition in a variety of Olympic sports for children eight years of age and older and adults with mental retardation, giving them continuing opportunities to develop physical fitness, demonstrate courage, experience the joy of competition, and participate in a sharing of gifts, skills, and friendship with their families, other Special Olympics athletes, and the community; and

WHEREAS the Special Olympics World Winter Games play a crucial role in the fulfillment of the Special Olympics' mission; and

WHEREAS a Special Olympics World Winter Games Committee has been organized in Anchorage, with United States Senator Ted Stevens as its honorary chair; and

WHEREAS Anchorage has in place the facilities necessary to host the 2001 Special Olympics World Winter Games and has selected the theme "Enlightening the World with the Spirit of Brave Heart"; and

WHEREAS the 2001 Special Olympics World Winter Games would bring as many as 6,600 athletes, coaches, delegates, family members, volunteers, and dignitaries to Alaska during the winter months for 10 days; and

WHEREAS hosting the 2001 Special Olympics World Winter Games would leave the Special Olympics program in Alaska bigger and stronger, expand the program to the indigenous people of Alaska, and leave permanent improvements to existing winter sports facilities;

BE IT RESOLVED that the Alaska State Legislature supports the Special Olympics World Winter Games Committee in its efforts to have Anchorage selected as the site for the 2001 Special Olympics World Winter Games of Special Olympics International.

COPIES of this resolution shall be sent to Eunice Kennedy Shriver, founder, Special Olympics International; to the Honorable Ted Stevens, Honorary Chair, Special Olympics World Winter Games Committee; to the Honorable Rick Mystrom, Mayor of Anchorage; and to Patti McGuire, Chair, Special Olympics World Winter Games Committee of Anchorage.

LR030

Resolve: LR030

Source Root: SJR023

Year: 1997

Source Bill: SJR 23

Urging the United States Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the federal matching rate for the Medicaid program in each state varies from 50 percent to 77 percent based on the relative per capita income of each state; and

WHEREAS the use of a simple per capita income figure in the Medicaid program is unfair to the State of Alaska because it ignores the higher cost of living in Alaska, particularly the higher cost of health care services; and

WHEREAS this unfair federal funding formula affects not only the state's receipt of federal matching funds for Medicaid but also for the Foster Care and Adoption Assistance Program, child support disbursements, and certain funds under welfare reform; and

WHEREAS the federal government has already recognized the higher cost of living in Alaska by adjusting by 25 percent the Medicare nursing facility rates and the federal poverty level figures for the state; and

WHEREAS the use of a 25 percent cost-of-living adjustment in the federal formula would reduce the state's general fund Medicaid match from 50 percent to 38 percent, resulting in a savings of $39,249,300 in Medicaid and $646,000 in the Foster Care and Adoption Assistance Program that could be applied to other state purposes without any reductions in Medicaid services or services to children;

BE IT RESOLVED that the Alaska State Legislature respectfully urges the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when per capita income is used in determining the federal share of Medicaid costs in the state;

LR031

Resolve: LR031

Source Root: HJR014

Year: 1997

Source Bill: CSHJR 14 (RLS)

Relating to supporting the "American Land Sovereignty Protection Act."

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the United Nations has designated 67 sites in the United States as "World Heritage Sites" or "Biosphere Reserves," which altogether are about equal in size to the State of Colorado, the eighth largest state; and

WHEREAS art. IV, sec. 3, United States Constitution, provides that the United States Congress shall make all needed regulations governing lands belonging to the United States; and

WHEREAS many of the United Nations' designations include private property inholdings and contemplate "buffer zones" of adjacent land; and

WHEREAS some international land designations such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Culture Organization operate under independent national committees such as the United States National Man and Biosphere Committee that have no legislative directives or authorization from the Congress; and

WHEREAS these international designations as presently handled are an open invitation to the international community to interfere in domestic economies and land use decisions; and

WHEREAS local citizens and public officials concerned about job creation and resource based economies usually have no say in the designation of land near their homes for inclusion in an international land use program; and

WHEREAS former Assistant Secretary of the Interior George T. Frampton, Jr., and the President used the fact that Yellowstone National Park had been designated as a "World Heritage Site" as justification for intervening in the environmental impact statement process and blocking possible development of an underground mine on private land in Montana outside of the park; and

WHEREAS a recent designation of a portion of Kamchatka as a "World Heritage Site" was followed immediately by efforts from environmental groups to block investment insurance for development projects on Kamchatka that are supported by the local communities; and

WHEREAS environmental groups and the National Park Service have been working to establish an International Park, a World Heritage Site, and a Marine Biosphere Reserve covering parts of western Alaska, eastern Russia, and the Bering Sea; and

WHEREAS, as occurred in Montana, such designations could be used to block development projects on state and private land in western Alaska; and

WHEREAS foreign companies and countries could use such international designations in western Alaska to block economic development that they perceive as competition; and

WHEREAS animal rights activists could use such international designations to generate pressure to harass or block harvesting of marine mammals by Alaska Natives; and

WHEREAS such international designations could be used to harass or block any commercial activity, including pipelines, railroads, and power transmission lines; and

WHEREAS the President and the executive branch of the United States have, by Executive Order and other agreements, implemented these designations without approval by the Congress; and

WHEREAS actions by the President in applying international agreements to lands owned by the United States may circumvent the Congress; and

WHEREAS Congressman Don Young introduced House Resolution No. 901 in the 105th Congress entitled the "American Lands Sovereignty Protection Act of 1997" that required the explicit approval of the Congress prior to restricting any use of United States land under international agreements;

BE IT RESOLVED that the Alaska State Legislature supports the "American Lands Sovereignty Protection Act" that reaffirms the constitutional authority of the Congress as the elected representatives of the people over the federally owned land of the United States.

LR032

Resolve: LR032

Source Root: HCR018

Year: 1997

Source Bill: HCR 18

Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks.

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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:

WHEREAS the Alaska Agricultural College and School of Mines was created as a land grant college in 1917, after extensive debate in the Alaska Territorial Legislature about whether to accept the federal government land grant for a college, and today is known as the University of Alaska Fairbanks; and

WHEREAS the University of Alaska Fairbanks is celebrating 80 years of serving the state by teaching, research, and public service; and

WHEREAS the University of Alaska Fairbanks, first as a land grant institution and now a sea grant and space grant institution, is mandated to deliver to the public the practical knowledge produced by the research it performs; and

WHEREAS the University of Alaska Fairbanks is one of only 12 institutions in the country that have the "triple crown" of land, sea, and space grant designations; and

WHEREAS the University of Alaska Fairbanks has grown along with the state it serves and has made the state a better place for all of its citizens; and

WHEREAS advancements made by scientists working at the University of Alaska Fairbanks in the areas of northern engineering, global climate change, marine sciences, and arctic biology have changed the way the world views the Arctic;

BE IT RESOLVED that the Alaska State Legislature declares that 1997 is to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizes the vital role the University of Alaska Fairbanks plays in meeting national and state needs and in making the lives of all Alaskans prosperous and fulfilling.

COPIES of this resolution shall be sent to Jerome Komisar, President of the University of Alaska, and to Joan Wadlow, Chancellor of the University of Alaska Fairbanks.