Legislature(2013 - 2014)

2014-04-19 Senate Journal

Full Journal pdf

2014-04-19                     Senate Journal                      Page 2618
HJR 22                                                                                                                        
HOUSE JOINT RESOLUTION NO. 22 am 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,                                                       
was read the second time.                                                                                                       
                                                                                                                                
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2619
Senator Ellis offered Amendment No. 1 :                                                                                          
                                                                                                                                
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     Delete "the federal government,"                                                                                         
     Insert "and"                                                                                                             
                                                                                                                                
Page 1, lines 3 - 4:                                                                                                            
     Delete ", and limit the terms of office of federal office                                                                
government officials"                                                                                                         
                                                                                                                                
Page 2, line 10:                                                                                                                
     Delete "the federal government,"                                                                                           
     Insert "and"                                                                                                               
                                                                                                                                
Page 2, line 11:                                                                                                                
     Delete ", and limit the terms of office of federal government                                                              
officials"                                                                                                                      
                                                                                                                                
Senator Ellis moved for the adoption of Amendment No. 1. Objections                                                             
were heard.                                                                                                                     
                                                                                                                                
Senator Dyson rose to a point of order, then withdrew his point of                                                              
order.                                                                                                                          
                                                                                                                                
President Huggins cautioned members to proceed in order.                                                                        
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Egan, Ellis, French, Gardner, Hoffman, Olson,                                                                    
Stedman, Wielechowski                                                                                                           
                                                                                                                                
Nays:  Coghill, Dunleavy, Dyson, Fairclough, Giessel, Huggins,                                                                  
Kelly, McGuire, Meyer, Micciche, Stevens                                                                                        
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2620
Senator Wielechowski offered Amendment No. 2 :                                                                                   
                                                                                                                                
Page 1, lines 2 - 4:                                                                                                            
     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 6, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS the right of the people to keep and bear arms is                                                                 
protected under the Constitution of the United States; and                                                                      
     WHEREAS the Constitution of the State of Alaska further                                                                  
enshrines the right to keep and bear arms, expanding the right to keep                                                          
and bear arms as an individual right; and                                                                                       
     WHEREAS federal protection of our vital Second Amendment                                                                 
right should be strengthened and expanded as exemplified by the                                                                 
Constitution of the State of Alaska;"                                                                                           
                                                                                                                                
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     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 10 - 11:                                                                                                          
     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"                                                                            
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 2.                                                                 
Senator Dyson objected.                                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2621
Yeas:  Egan, Ellis, French, Gardner, Hoffman, Wielechowski                                                                      
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel,                                                                   
Huggins, Kelly, McGuire, Meyer, Micciche, Olson, Stedman, Stevens                                                               
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator French offered Amendment No. 3 :                                                                                         
                                                                                                                                
Page 1, lines 2 - 4:                                                                                                            
     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 6, 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                                                          
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                                                                                                                     
                                                                                                                                
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2622
     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;"                                                                        
                                                                                                                                
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     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 10 - 11:                                                                                                          
     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"                                                                            
                                                                                                                                
Senator French moved for the adoption of Amendment No. 3.  Senator                                                              
Fairclough objected.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Olson, Wielechowski                                                                              
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Stedman,                                                                     
Stevens                                                                                                                         
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator Gardner offered Amendment No. 4 :                                                                                        
                                                                                                                                
Page 1, lines 2 - 4:                                                                                                            
     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"                                                                                                                    
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2623
Page 2, line 6, 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;"                                                                                                
                                                                                                                                
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     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 10 - 11:                                                                                                          
     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"                                                                            
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 4.                                                                      
Objections were heard.                                                                                                          
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Egan, Ellis, French, Gardner, Wielechowski                                                                               
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel,                                                                   
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 4 failed.                                                                                                 
                                                                                                                                
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2624
Senator French offered Amendment No. 5 :                                                                                         
                                                                                                                                
Page 1, lines 2 - 4:                                                                                                            
     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 6, following "power;":                                                                                             
     Insert "and                                                                                                                
     WHEREAS art. I, sec. 22, Constitution of the State of Alaska,                                                            
establishes an explicit right to privacy and states that it shall not be                                                        
infringed; and                                                                                                                  
     WHEREAS the explicit recognition of the right to privacy in art.                                                         
I, sec. 22, Constitution of the State of Alaska, enables the judiciary and                                                      
legislature to protect Alaskans from intrusion into their personal lives;                                                       
and                                                                                                                             
     WHEREAS the ability to respond to threats to privacy is                                                                  
especially significant today because of the increased information-                                                              
gathering capability of both government and business;"                                                                          
                                                                                                                                
Page 2, line 9:                                                                                                                 
     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 10 - 11:                                                                                                          
     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"                                                                            
                                                                                                                                
Senator French moved for the adoption of Amendment No. 5.                                                                       
Objections were heard.                                                                                                          
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2625
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 5 failed.                                                                                                 
                                                                                                                                
Senator Gardner offered Amendment No. 6 :                                                                                        
                                                                                                                                
Page 1, lines 2 - 4:                                                                                                            
     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 6, 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;"                                                                          
                                                                                                                                
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     Delete "sole"                                                                                                              
                                                                                                                                
Page 2, lines 10 - 11:                                                                                                          
     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"                                                                            
                                                                                                                                
Senator Gardner moved for the adoption of Amendment No. 6.                                                                      
Senator Dyson objected.                                                                                                         
                                                                                                                                
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2626
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HJR 22 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Ellis, French, Gardner, Wielechowski                                                                                     
                                                                                                                                
Nays:  Bishop, Coghill, Dunleavy, Dyson, Egan, Fairclough, Giessel,                                                             
Hoffman, Huggins, Kelly, McGuire, Meyer, Micciche, Olson,                                                                       
Stedman, Stevens                                                                                                                
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                
Senator Coghill moved and asked unanimous consent that the                                                                      
resolution be advanced to third reading and placed on final passage.                                                            
Without objection, it was so ordered.                                                                                           
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 22 am was read the third time.                                                                       
                                                                                                                                
The question being: "Shall HOUSE JOINT RESOLUTION                                                                               
NO. 22 am 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, pass the Senate?" The roll was taken with the                                                         
following result:                                                                                                               
                                                                                                                                
HJR 22 am                                                                                                                       
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Coghill, Dunleavy, Dyson, Fairclough, Giessel,                                                                   
Huggins, Kelly, McGuire, Meyer, Micciche, Stevens                                                                               
                                                                                                                                
Nays:  Egan, Ellis, French, Gardner, Hoffman, Olson, Stedman,                                                                   
Wielechowski                                                                                                                    
                                                                                                                                

2014-04-19                     Senate Journal                      Page 2627
and so, HOUSE JOINT RESOLUTION NO. 22 am passed the Senate,                                                                     
was signed by the President and Secretary and returned to the House.