Legislature(2013 - 2014)

2014-03-12 House Journal

Full Journal pdf

2014-03-12                     House Journal                      Page 1856
HJR 22                                                                                                                        
The following, which was advanced to third reading from the March                                                               
10, 2014, calendar (page 1820), was read the third time:                                                                        
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 22                                                                                              
     Requesting the United States Congress to call a convention of the                                                          
     states to propose amendments to the Constitution of the United                                                             
     States that impose fiscal restraints on the federal government,                                                            
     limit the power and jurisdiction of the federal government, and                                                            
     limit the terms of office of federal government officials; and                                                             
     urging the legislatures of the other 49 states to request the United                                                       
     States Congress to call a convention of the states.                                                                        
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
HJR 22 be returned to second reading for the specific purpose of                                                                
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, HJR 22 would be returned                                                            
to second reading for all amendments.                                                                                           
                                                                                                                                
Amendment No. 1 was offered  by Representatives Kawasaki, Tuck,                                                                  
Josephson, and Kreiss-Tomkins:                                                                                                  
                                                                                                                                
Page 1, lines 2 - 4 (title amendment):                                                                                          
  Delete "that impose fiscal restraints on the federal government,                                                            
limit the power and jurisdiction of the federal government, and                                                               
limit the terms of office of federal government officials"                                                                    
                                                                                                                                
Page 2, line 4, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS the right of the people to keep and bear arms is                                                                 
protected under the Second Amendment to the Constitution of the                                                                 
United States;                                                                                                                  

2014-03-12                     House Journal                      Page 1857
     WHEREAS the Constitution of the State of Alaska also protects                                                            
the right of a citizen, as an individual right, to keep and bear arms; and                                                      
     WHEREAS federal protection of a person's right to bear arms                                                              
under the Second Amendment to the Constitution of the United States                                                             
should be strengthened and expanded, as exemplified by art. I, sec. 19,                                                         
of the Constitution of the State of Alaska;"                                                                                    
                                                                                                                                
Page 2, line 7:                                                                                                                 
     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 8 - 9:                                                                                                            
     Delete "that impose fiscal restraints on the federal government,                                                           
limit the power and jurisdiction of the federal government, and limit                                                           
the terms of office of federal government officials"                                                                            
                                                                                                                                
Representative Kawasaki moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Stoltze objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  8   NAYS:  30   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III,                                                                    
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gara,                                                              
Gattis, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller,                                                             
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt,                                                                    
Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                
                                                                                                                                
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Josephson, Tarr,                                                                 
Tuck, Kawasaki, Kreiss-Tomkins, Kito III, Gara, and Guttenberg:                                                                 
                                                                                                                                

2014-03-12                     House Journal                      Page 1858
Page 1, lines 2 - 4 (title amendment):                                                                                          
     Delete "that impose fiscal restraints on the federal                                                                     
government, limit the power and jurisdiction of the federal                                                                   
government, and limit the terms of office of federal government                                                               
officials"                                                                                                                    
                                                                                                                                
Page 2, line 4, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS the Constitution of the United States does not                                                                   
explicitly guarantee that the rights it protects are held equally by all                                                        
citizens without regard to sexual orientation; and                                                                              
     WHEREAS the Employment Non-Discrimination Act recognizes                                                                 
the occurrence of discrimination and aims to eliminate discrimination                                                           
based on sexual orientation; and                                                                                                
     WHEREAS the Employment Non-Discrimination Act of 2013                                                                    
passed the United States Senate in 2013 with bipartisan support,                                                                
including the support of both Alaska senators, and is now awaiting                                                              
action in the United States House of Representatives;"                                                                          
                                                                                                                                
Page 2, line 7:                                                                                                                 
     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 8 - 9:                                                                                                            
     Delete "that impose fiscal restraints on the federal government,                                                           
limit the power and jurisdiction of the federal government, and limit                                                           
the terms of office of federal government officials"                                                                            
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Nageak objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                

2014-03-12                     House Journal                      Page 1859
Yeas:  Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III,                                                              
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux,                                                             
Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                          
                                                                                                                                
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representatives Kreiss-Tomkins,                                                                  
Tuck, Tarr, Josephson, Kawasaki, Kito III, Gara, and Guttenberg:                                                                
                                                                                                                                
Page 1, lines 2 - 4 (title amendment):                                                                                          
     Delete "that impose fiscal restraints on the federal                                                                     
government, limit the power and jurisdiction of the federal                                                                   
government, and limit the terms of office of federal government                                                               
officials"                                                                                                                    
                                                                                                                                
Page 1, line 10, following "government":                                                                                        
     Insert "and special interests"                                                                                             
                                                                                                                                
Page 2, line 4, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS a vast majority of Americans recognize that the                                                                  
influence of large contributions by corporations, wealthy individuals,                                                          
and organizations harms the ability of average citizens to have a voice                                                         
in their own government; and                                                                                                    
     WHEREAS the narrow majority five to four decision of the                                                                 
United States Supreme Court in Citizens United v. Federal Election                                                              
Commission, 558 U.S. 310 (2010), allows corporations and unions to                                                              
make unlimited independent expenditures supporting or opposing a                                                                
candidate for public office; and                                                                                                
     WHEREAS unlimited independent expenditures from                                                                          
corporations and unions were prohibited until the ruling of the United                                                          
States Supreme Court in Citizens United v. Federal Election                                                                     
Commission; and                                                                                                                 
     WHEREAS much of the hundreds of millions of dollars being                                                                
spent by corporations and unions since the ruling of the United States                                                          

2014-03-12                     House Journal                      Page 1860
Supreme Court in Citizens United v. Federal Election Commission is                                                              
used for negative ads, which often misinform voters rather than lead to                                                         
a productive discussion of the states' and nation's most important                                                              
issues; and                                                                                                                     
     WHEREAS, unless the United States Supreme Court reverses its                                                             
ruling, the only way to reverse the harmful effects of the Citizens                                                             
United ruling is to amend the Constitution of the United States; and                                                            
     WHEREAS, while not addressed by the United States Supreme                                                                
Court's ruling in Citizens United, unlimited independent expenditures                                                           
made by individuals also distort the political process and ability of all                                                       
American citizens to have an equal voice in government;"                                                                        
                                                                                                                                
Page 2, line 7:                                                                                                                 
     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 8 - 9:                                                                                                            
     Delete "that impose fiscal restraints on the federal government,                                                           
limit the power and jurisdiction of the federal government, and limit                                                           
the terms of office of federal government officials"                                                                            
                                                                                                                                
Representative Kreiss-Tomkins moved and asked unanimous consent                                                                 
that Amendment No. 3 be adopted.                                                                                                
                                                                                                                                
Representative Keller objected.                                                                                                 
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III,                                                              
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux,                                                             
Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                          
                                                                                                                                

2014-03-12                     House Journal                      Page 1861
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
Amendment No. 4 was offered  by Representatives Tarr, Tuck,                                                                      
Guttenberg, Josephson, Gara, Kreiss-Tomkins, Kito III, and Kawasaki:                                                            
                                                                                                                                
Page 1, lines 2 - 4 (title amendment):                                                                                          
     Delete "that impose fiscal restraints on the federal                                                                     
government, limit the power and jurisdiction of the federal                                                                   
government, and limit the terms of office of federal government                                                               
officials"                                                                                                                    
                                                                                                                                
Page 2, line 4, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS the Constitution of the United States does not                                                                   
explicitly guarantee that the rights it protects are held equally by all                                                        
citizens without regard to sex; and                                                                                             
     WHEREAS, without the Equal Rights Amendment, women                                                                       
regularly have to fight long, expensive, and difficult legal battles in an                                                      
effort to prove that their rights are equal to those of men; and                                                                
     WHEREAS the Equal Rights Amendment would provide a clear                                                                 
judicial standard for deciding cases of sex discrimination, since federal                                                       
and state courts still reflect confusion and inconsistency in dealing                                                           
with sex discrimination claims;"                                                                                                
                                                                                                                                
Page 2, line 7:                                                                                                                 
     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 8 - 9:                                                                                                            
     Delete "that impose fiscal restraints on the federal government,                                                           
limit the power and jurisdiction of the federal government, and limit                                                           
the terms of office of federal government officials"                                                                            
                                                                                                                                
Representative Tarr moved and asked unanimous consent that                                                                      
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative T. Wilson objected.                                                                                              
                                                                                                                                

2014-03-12                     House Journal                      Page 1862
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Gara, Gruenberg, Guttenberg, Josephson, Kawasaki, Kito III,                                                              
Kreiss-Tomkins, Tarr, Tuck                                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux,                                                             
Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold,                                                                  
Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                          
                                                                                                                                
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representatives Herron and                                                                       
Edgmon:                                                                                                                         
                                                                                                                                
Page 1, lines 3 - 4 (title amendment):                                                                                          
     Delete ", and limit the terms of office of federal government                                                            
officials"                                                                                                                    
                                                                                                                                
Page 2, line 9:                                                                                                                 
     Delete ", and limit the terms of office of federal government                                                              
officials"                                                                                                                      
                                                                                                                                
Representative Herron moved and asked unanimous consent that                                                                    
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Isaacson objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  21   EXCUSED:  2   ABSENT:  3                                                                              
                                                                                                                                

2014-03-12                     House Journal                      Page 1863
Yeas:  Edgmon, Feige, Foster, Gruenberg, Guttenberg, Herron,                                                                    
Josephson, Kito III, Lynn, Munoz, Nageak, Saddler, Tarr, Tuck                                                                   
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Gattis, Higgins, Holmes,                                                                  
Hughes, Isaacson, Johnson, Keller, LeDoux, Millett, Neuman, Olson,                                                              
Pruitt, Reinbold, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson                                                                 
                                                                                                                                
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
Absent:  Gara, Kawasaki, Kreiss-Tomkins                                                                                         
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
Amendment No. 6 was offered  by Representative T. Wilson:                                                                        
                                                                                                                                
Page 2, line 1:                                                                                                                 
     Insert "WHEREAS the federal government has ceased to live                                                                
under a proper interpretation of the Constitution of the United States;                                                         
and"                                                                                                                            
                                                                                                                                
Representative T. Wilson moved and asked unanimous consent that                                                                 
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  24   NAYS:  14   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis,                                                            
Herron, Higgins, Hughes, Isaacson, Johnson, Keller, Lynn, Millett,                                                              
Munoz, Neuman, Olson, Pruitt, Reinbold, Seaton, Stoltze, Thompson,                                                              
T.Wilson                                                                                                                        
                                                                                                                                
Nays:  Gara, Gruenberg, Guttenberg, Holmes, Josephson, Kawasaki,                                                                
Kito III, Kreiss-Tomkins, LeDoux, Nageak, Saddler, Tarr, Tuck,                                                                  
P.Wilson                                                                                                                        
                                                                                                                                

2014-03-12                     House Journal                      Page 1864
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
And so, Amendment No. 6 was adopted.                                                                                            
                                                                                                                                
HJR 22 am was automatically in third reading.                                                                                   
                                                                                                                                
                                                                                                                                
The question being:  "Shall HJR 22 am pass the House?"  The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
HJR 22 am                                                                                                                       
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  24   NAYS:  13   EXCUSED:  2   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Chenault, Costello, Feige, Gattis, Herron, Higgins, Holmes,                                                              
Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz,                                                                
Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson,                                                                    
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Nays:  Austerman, Edgmon, Foster, Gara, Gruenberg, Guttenberg,                                                                  
Josephson, Kawasaki, Kito III, Kreiss-Tomkins, Nageak, Seaton, Tuck                                                             
                                                                                                                                
Excused:  Drummond, Hawker                                                                                                      
                                                                                                                                
Absent:  Tarr                                                                                                                   
                                                                                                                                
And so, HJR 22 am passed the House and was referred to the Chief                                                                
Clerk for engrossment.