Legislature(2011 - 2012)HOUSE FINANCE 519

03/30/2011 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 8 FEDERAL REGULATIONS & EXECUTIVE ORDERS TELECONFERENCED
Moved CSHB 8(FIN) Out of Committee
+ HB 10 NONCOMMERCIAL TRAILER REGISTRATION FEE TELECONFERENCED
Scheduled But Not Heard
+ HB 64 PERMANENT MOTOR VEHICLE REGISTRATION TELECONFERENCED
Scheduled But Not Heard
+ HB 105 SOUTHEAST STATE FOREST TELECONFERENCED
Moved Out of Committee
+ HB 140 APPROP: COMMUNITY QUOTA ENTITY LOAN FUND TELECONFERENCED
Heard & Held
+ HB 141 LOANS TO COMMUNITY QUOTA ENTITIES/PERMITS TELECONFERENCED
Heard & Held
+= HB 164 INSURANCE: HEALTH CARE & OTHER TELECONFERENCED
Scheduled But Not Heard
+ HB 103 POWER PROJECT; ALASKA ENERGY AUTHORITY TELECONFERENCED
Scheduled But Not Heard
+ HB 104 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
Scheduled But Not Heard
+ HB 120 AIDEA: NEW MARKETS TAX CREDIT PROGRAM TELECONFERENCED
Scheduled But Not Heard
+ HB 121 LOAN FUNDS:CHARTERS/MARICULTURE/MICROLOAN TELECONFERENCED
Scheduled But Not Heard
+ HB 125 ALCOHOLIC BEVERAGE CONTROL BOARD TELECONFERENCED
Scheduled But Not Heard
+ HB 150 PROTECTION OF VULNERABLE ADULTS/MINORS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 8                                                                                                              
                                                                                                                                
     "An Act relating to certain federal regulations and                                                                        
     presidential executive orders; relating to the duties                                                                      
     of  the   attorney  general;   and  providing   for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
1:48:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES  KELLER,  SPONSOR, discussed  HB  8.  He                                                                    
opined that  the Sedition Act  of 1798 was  historically one                                                                    
of the  most unconstitutional congressional acts,  which had                                                                    
prompted the passage  of numerous "reactionary" resolutions.                                                                    
He  quoted  Thomas  Jefferson's   words  from  the  Kentucky                                                                    
Resolutions:                                                                                                                    
                                                                                                                                
     Resolved,  states  composing,   the  United  States  of                                                                    
     America, are  not united on the  principle of unlimited                                                                    
     submission  to their  federal  government, but  reserve                                                                    
     each state  to itself, the  residuary mass of  right to                                                                    
     their own  self-government; and whensoever  the general                                                                    
     or federal  government assumes undelegated  powers, its                                                                    
     acts are unauthoritative, void,  and of no force...each                                                                    
     party or  each state  has an equal  right to  judge for                                                                    
     itself, and the mode and  measure of redress belongs to                                                                    
     the state [sic].                                                                                                           
                                                                                                                                
Representative  Keller  communicated  that  the  legislation                                                                    
incorporated  the principle  from the  Kentucky Resolutions.                                                                    
He  read  from page  2,  lines  14-16: "A  federal  statute,                                                                    
regulation,  presidential  executive order,  or  secretarial                                                                    
order that  is unconstitutional or was  not properly adopted                                                                    
in accordance  with federal statutory authority  many not be                                                                    
considered  to preempt  a state  law." He  relayed that  the                                                                    
bill   required  the   attorney   general   to  notify   the                                                                    
appropriate  judiciary  committee  chairs  if  the  attorney                                                                    
general   found   that   a  federal   statute,   regulation,                                                                    
presidential  executive  order,  or  secretarial  order  was                                                                    
unconstitutional or  was not properly adopted  (page 2, line                                                                    
26). The "method, mode, or  measure of the redress" was left                                                                    
up to the  legislature. He asked the committee  to adopt the                                                                    
committee substitute.                                                                                                           
                                                                                                                                
Vice-chair Fairclough MOVED to  ADOPT Work Draft CSHB 8(FIN)                                                                    
(27-LS0052\B,  Bullock,  3/14/11)   as  a  working  document                                                                    
before the committee.                                                                                                           
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative Keller explained that  the CS added the words                                                                    
"secretarial  order" and  "federal  statute" throughout  the                                                                    
bill. He  had initially thought that  the attorney general's                                                                    
office would review all regulations  and provide a report on                                                                    
any items  that were potentially  unconstitutional; however,                                                                    
that  was not  logistically possible  for the  Department of                                                                    
Law (DOL).  He had received  positive feedback on  the bill.                                                                    
He reiterated  that DOL would  notify the legislature  if it                                                                    
became  aware of  any  federal  statute, secretarial  order,                                                                    
regulation,  or   presidential  executive  order   that  was                                                                    
potentially unconstitutional.                                                                                                   
                                                                                                                                
There being NO further OBJECTION the CS was ADOPTED.                                                                            
                                                                                                                                
1:53:15 PM                                                                                                                    
                                                                                                                                
Representative Doogan  wondered who  would decide  whether a                                                                    
federal statute,  regulation, presidential  executive order,                                                                    
or secretarial order was unconstitutional.                                                                                      
                                                                                                                                
Representative  Keller  responded   that  the  decision  was                                                                    
outside  the scope  of the  legislation. He  added that  the                                                                    
decision  could   be  made  by   the  U.S.   Supreme  Court,                                                                    
individuals, and  legislators who had the  responsibility of                                                                    
interpreting and understanding the U.S. Constitution.                                                                           
                                                                                                                                
Representative Doogan asked for  verification that under the                                                                    
legislation, something  would not  be considered  state law,                                                                    
if it fit  the definition in the bill and  was determined to                                                                    
be unconstitutional.                                                                                                            
                                                                                                                                
Representative  Keller  replied  that the  attorney  general                                                                    
would   make  the   determination  and   would  notify   the                                                                    
appropriate legislative chairs if  an item was determined to                                                                    
be unconstitutional.                                                                                                            
                                                                                                                                
Representative Doogan understood the  specific point. He did                                                                    
not understand  the comment that  individuals would  be able                                                                    
to   decide    for   themselves   whether   an    item   was                                                                    
unconstitutional.                                                                                                               
                                                                                                                                
Representative Keller responded that  he did not believe the                                                                    
ability for a person to  decide an item was unconstitutional                                                                    
was in the scope of the bill.                                                                                                   
                                                                                                                                
Representative  Doogan thought  it was  clear that  the bill                                                                    
did allow  the specific  ability for  a person  to determine                                                                    
whether an item was unconstitutional.  He was happy to offer                                                                    
an amendment to remove the appropriate language.                                                                                
                                                                                                                                
Representative  Keller  asked  about  the  precise  language                                                                    
Representative Doogan was referring to.                                                                                         
                                                                                                                                
Representative  Doogan  cited page  2,  lines  12-16 as  the                                                                    
specific language.                                                                                                              
                                                                                                                                
Representative  Keller responded  that  the  language was  a                                                                    
principle   and   did  not   specify   who   was  making   a                                                                    
determination   that   a    federal   statute,   regulation,                                                                    
presidential  executive  order,  or  secretarial  order  was                                                                    
unconstitutional.  He explained  the unconstitutionality  of                                                                    
an item  could be determined  in a  variety of ways,  and in                                                                    
such cases the law was deemed to be invalid.                                                                                    
                                                                                                                                
1:57:10 PM                                                                                                                    
                                                                                                                                
Representative Guttenberg  wondered about the origin  of the                                                                    
language in Section 2, page 2, article 5.                                                                                       
                                                                                                                                
Representative  Keller   asked  for  clarification   on  the                                                                    
question.                                                                                                                       
                                                                                                                                
Representative  Guttenberg   wondered  about   the  specific                                                                    
source of the language in Section 2.                                                                                            
                                                                                                                                
Representative  Keller responded  that  the  wording of  the                                                                    
bill  had  come  from  Legislative Legal  Services.  He  had                                                                    
drafted  the  bill  and  had  quoted  the  words  of  Thomas                                                                    
Jefferson  during earlier  testimony;  however,  he did  not                                                                    
know the specific origin of the language.                                                                                       
                                                                                                                                
Representative Guttenberg thought it  appeared that the bill                                                                    
put federal statute into state  law. He wondered whether the                                                                    
goal was  to preempt federal  law or  to put it  into Alaska                                                                    
statute.                                                                                                                        
                                                                                                                                
Representative Keller replied that  under the bill a federal                                                                    
law that  was unconstitutional could not  preempt state law.                                                                    
The bill  did not dictate what  would be done after  an item                                                                    
was determined  to be  unconstitutional. He  emphasized that                                                                    
the bill  did not attempt  to insert federal law  into state                                                                    
statute.                                                                                                                        
                                                                                                                                
Representative  Guttenberg  was   concerned  that  the  bill                                                                    
attempted  to  decide  whether a  law  was  unconstitutional                                                                    
prior to a U.S. Supreme Court case or decision.                                                                                 
                                                                                                                                
Representative   Keller   responded    that   it   was   the                                                                    
responsibility  and  right  of  the  country's  citizens  to                                                                    
police the Constitution.                                                                                                        
                                                                                                                                
Representative Guttenberg discussed that  it was possible to                                                                    
challenge the  constitutionality of  a law  by taking  it to                                                                    
court  or through  an act  of  civil disobedience;  however,                                                                    
ultimately  it was  the U.S.  Supreme Court  that determined                                                                    
whether a law was unconstitutional.                                                                                             
                                                                                                                                
2:01:00 PM                                                                                                                    
                                                                                                                                
Representative Keller  replied that there had  been a number                                                                    
of cases where federal  law had been deemed unconstitutional                                                                    
and  invalid. He  cited  the  California "Compassionate  Use                                                                    
Act," which  had legalized  medical marijuana.  He explained                                                                    
that  U.S. Supreme  Court had  determined that  the law  was                                                                    
unconstitutional; however,  the federal government  had left                                                                    
the matter in the hands of  the state and did not attempt to                                                                    
police noncompliance in  each of the 14  states with similar                                                                    
laws.                                                                                                                           
                                                                                                                                
Representative  Guttenberg  agreed  with  comment  regarding                                                                    
rights of  the states. He expressed  uncertainty about other                                                                    
aspects of the bill.                                                                                                            
                                                                                                                                
Representative Wilson  asked whether  the state  had adopted                                                                    
numerous  federal regulations  that  were  represented by  a                                                                    
number and  were not  written in  statute, meaning  that the                                                                    
state  did   not  always  see   the  changes  made   to  the                                                                    
regulations.                                                                                                                    
                                                                                                                                
Representative Keller  believed that the state  had too many                                                                    
references  to  federal regulations,  but  he  did not  know                                                                    
whether  the  references  were  automatically  altered  when                                                                    
changes to the regulations occurred.                                                                                            
                                                                                                                                
Representative Wilson  asked whether  the bill  required the                                                                    
state  to  review any  changes  that  were made  to  federal                                                                    
regulations that it had previously adopted.                                                                                     
                                                                                                                                
Representative   Keller  answered   in   the  negative.   He                                                                    
clarified  that  the  bill asked  the  attorney  general  to                                                                    
notify the  legislature in the  event that an  item violated                                                                    
the state or federal Constitutions.                                                                                             
                                                                                                                                
STUART   THOMPSON,   SELF,  MAT-SU   (via   teleconference),                                                                    
described  himself as  a "sovereign  citizen" and  discussed                                                                    
his   support  of   HB  8.   He  believed   the  legislation                                                                    
represented a clear support and  defense of the 9th and 10th                                                                    
Amendments  of   the  United  States.  He   asked  that  the                                                                    
committee read  the written testimony  that he  had provided                                                                    
to  the  House  Judiciary  Committee.  He  stated  that  the                                                                    
legislative  oath of  office read  "I do  solemnly swear  or                                                                    
affirm that  I will support  and defend the  Constitution of                                                                    
the  United States  and  the Constitution  of  the State  of                                                                    
Alaska and  that I  will faithfully  discharge my  duties to                                                                    
the  best of  my ability."  He wondered  whether legislators                                                                    
had   specifically   supported    or   defended   the   U.S.                                                                    
Constitution   against   opposition   during   the   current                                                                    
legislative session.  He believed that the  passage of state                                                                    
law to acquire  rights for federal money did  not defend the                                                                    
Constitution;  it  used  "infrastructure  and  tradition  to                                                                    
follow a path of  least resistance to gratify constituents."                                                                    
He believed  that fighting for state  funds for legislators'                                                                    
districts did  not support or  defend the  constitution, but                                                                    
worked  to  secure  legislators'  bids  for  reelection.  He                                                                    
discussed other  items that  did not  support or  defend the                                                                    
constitution.  He opined  that  the bill  was "probably  the                                                                    
most  ethically  substantial  bill  ever  presented  to  the                                                                    
Alaska legislature." He urged the passage of the bill.                                                                          
                                                                                                                                
Representative  Guttenberg   asked  Mr.  Thompson   for  his                                                                    
definition of "sovereign citizen."                                                                                              
                                                                                                                                
Mr. Thompson  responded with a reference  to the Declaration                                                                    
of Independence. He  believed that people had  the right and                                                                    
obligation to implement  change if they did  not believe the                                                                    
government  was working  to  assist in  the  right to  life,                                                                    
liberty, and the pursuit of happiness.                                                                                          
                                                                                                                                
2:08:19 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Representative  Edgmon asked  whether the  goal of  the bill                                                                    
was to  give Alaska  better capability  to respond  to items                                                                    
such as the recent federal  health care legislation that may                                                                    
or may not have been constitutional.                                                                                            
                                                                                                                                
Representative Keller replied in  the negative. He clarified                                                                    
that  the bill  asked  the attorney  general  to notify  the                                                                    
legislature if a problem was found.                                                                                             
                                                                                                                                
Vice-chair  Fairclough spoke  in favor  of the  legislation.                                                                    
She  was  interested  in a  discussion  about  how  Alaskans                                                                    
advocated for their rights. She  discussed that when she had                                                                    
been  the executive  director of  Standing Together  Against                                                                    
Rape (STAR)  there were federal laws  that were inconsistent                                                                    
with State of Alaska Constitution.  She cited the Adam Walsh                                                                    
law  or  other  that  worked to  implement  a  retroactivity                                                                    
clause for  the state's  sex offender  list. The  agency had                                                                    
tried to  determine how to  bring the state  into compliance                                                                    
with the law; however, the  law was essentially in violation                                                                    
of  Alaska's constitution.  She wondered  whether the  state                                                                    
should  defend its  constitution or  align the  constitution                                                                    
with  the  federal  government.  She  thought  that  it  was                                                                    
important  to   address  the  points  of   contention  as  a                                                                    
legislative  body.  She  discussed  her  allegiance  to  the                                                                    
United  States,  the  U.S.  Constitution,  and  to  Alaska's                                                                    
constitution.  She questioned  what  should be  done in  the                                                                    
event  that  the  Constitutions  of the  United  States  and                                                                    
Alaska  conflicted with  each other.  She asked  whether the                                                                    
state  should  make changes  to  its  constitution when  the                                                                    
federal  government changed  a  law that  the  state had  no                                                                    
input in.  She acknowledged  that the  state's Congressional                                                                    
leaders  could argue  on  its behalf,  but  she thought  the                                                                    
state  should also  have  a voice.  She  supported the  bill                                                                    
because it  helped to address  Alaskans' right  to challenge                                                                    
items that  were not in  the state's best interest  and were                                                                    
in violation with the state's constitution.                                                                                     
                                                                                                                                
2:13:01 PM                                                                                                                    
                                                                                                                                
Representative Doogan believed that the  goal was to get the                                                                    
attorney  general to  let legislators  know  when a  federal                                                                    
action  was potentially  unconstitutional  or would  preempt                                                                    
state  law. He  thought that  amending the  bill to  include                                                                    
only Section  4 would achieve  the sponsor's goal;  it would                                                                    
also eliminate  other concerns about  a person's  ability to                                                                    
assert  authority that  they did  not have.  He thought  the                                                                    
amendment would do everything in  a practical sense that the                                                                    
legislation sought out to do.                                                                                                   
                                                                                                                                
Representative Doogan offered a  conceptual Amendment 1 that                                                                    
maintained only Sections 4 and 5 of the CS.                                                                                     
                                                                                                                                
Co-Chair Stoltze  asked for verification that  the amendment                                                                    
would delete the findings and Sections 1 through 3.                                                                             
                                                                                                                                
Representative Doogan answered in the affirmative.                                                                              
                                                                                                                                
Vice-chair Fairclough OBJECTED.                                                                                                 
                                                                                                                                
Vice-chair Fairclough did not  understand the purpose of the                                                                    
amendment.  She  asked  why  the  findings  and  Sections  1                                                                    
through 3 of the bill were objectionable.                                                                                       
                                                                                                                                
Representative  Doogan  did  not understand  the  particular                                                                    
sections.  He believed  that the  sections did  not have  an                                                                    
impact on  anything that  the bill  aimed to  accomplish. He                                                                    
thought the language  represented a philosophical statement;                                                                    
the committee was not in  the habit of passing philosophical                                                                    
statements  with the  exception of  resolutions. He  did not                                                                    
know why the  legislature would put something  into law that                                                                    
did not have  an impact on the law. He  communicated that he                                                                    
did not feel comfortable with  the inclusion of the language                                                                    
if it  did impact the law,  given that he did  not know what                                                                    
the impact was.                                                                                                                 
                                                                                                                                
Representative  Wes   Keller  was   not  in  favor   of  the                                                                    
conceptual amendment.  He would  have been "shocked"  if the                                                                    
bill  had included  language specifying  that a  federal law                                                                    
would  preempt  state law  even  when  it  was found  to  be                                                                    
unconstitutional.  He  explained  that the  language  was  a                                                                    
statement of  "what is." He  thought the  federal government                                                                    
had  recently  overstepped   or  potentially  overstepped  a                                                                    
number of  times. He thought  the inclusion of  the language                                                                    
was important for the context of the bill.                                                                                      
                                                                                                                                
Representative Doogan believed  that the problematic portion                                                                    
of  the bill  made statements  that were  not attributed  to                                                                    
anybody. He cited  language in Section 2 that  referred to a                                                                    
federal  statute  or  other that  was  unconstitutional.  He                                                                    
wondered  how   to  judge  what  was   unconstitutional.  He                                                                    
surmised  that  the specific  language  was  referring to  a                                                                    
violation   of  the   federal  Constitution.   He  was   not                                                                    
comfortable  asserting   that  violations  of   the  federal                                                                    
Constitution were  happening or  with a  law that  allowed a                                                                    
person  to  determine  an   item  was  unconstitutional  and                                                                    
therefore invalid. He did not support the language.                                                                             
                                                                                                                                
Co-Chair  Stoltze  opposed   the  conceptual  amendment.  He                                                                    
thought  the  bill  started a  committee  process  when  the                                                                    
attorney  general notified  the legislature  that a  problem                                                                    
existed.                                                                                                                        
                                                                                                                                
2:21:27 PM                                                                                                                    
                                                                                                                                
Representative   Hawker   requested  that   the   conceptual                                                                    
amendment be clearly restated.                                                                                                  
                                                                                                                                
Representative   Doogan   explained  that   the   conceptual                                                                    
Amendment  1  began on  page  1,  line  5 and  would  delete                                                                    
Sections  1, 2,  and  3. The  sections  would be  renumbered                                                                    
accordingly and the title would be changed as necessary.                                                                        
                                                                                                                                
Representative Costello  surmised that the bill  provided an                                                                    
avenue for DOL  to communicate with the  legislature when an                                                                    
unconstitutional federal item occurred.  She had heard about                                                                    
departmental budget increases that  had happened in response                                                                    
to some of the items. She  wondered what the next step would                                                                    
be after  the attorney  general brought  an unconstitutional                                                                    
item  to the  attention  of the  legislature. She  discussed                                                                    
that if  the item  was egregious  enough that  the executive                                                                    
branch  of  the  State  of  Alaska  would  sue  the  federal                                                                    
government.                                                                                                                     
                                                                                                                                
Representative   Keller   replied   that  he   had   thought                                                                    
significantly  about the  next step;  however, there  was no                                                                    
way  to outline  it  in statute  due to  the  wide scope  of                                                                    
potential   responses.  The   language   that  allowed   the                                                                    
legislature  to consider  information it  received from  DOL                                                                    
would be  deleted in the  proposed conceptual  amendment. He                                                                    
believed that  rights of the  state were one step  away from                                                                    
rights of the  individual and there was  a responsibility to                                                                    
protect their sovereignty. He  stressed that the legislature                                                                    
needed to work with the  administrative branch, given that a                                                                    
law  suit initiated  by the  administrative branch  would be                                                                    
funded by  the legislature. He  thought the bill  helped all                                                                    
branches of  state government to  be informed and a  part of                                                                    
the process.  He opined that  the alignment may  have helped                                                                    
the  state in  the process  related to  the current  federal                                                                    
health care bill.                                                                                                               
                                                                                                                                
Representative Costello  asked whether Sections 1  through 3                                                                    
that would  be deleted by  the amendment, were  necessary to                                                                    
lead up to and explain the core of the bill in Section 4.                                                                       
                                                                                                                                
Representative Keller  answered that the without  Sections 1                                                                    
through   3  there   was  no   context  to   understand  the                                                                    
legislative  intent of  the bill.  He did  not believe  that                                                                    
there was  anything fundamentally  wrong with  including the                                                                    
language. He noted that there would  not be much left in the                                                                    
bill if language that read "may be done" was deleted.                                                                           
                                                                                                                                
Vice-chair  Fairclough had  looked  at all  of the  statutes                                                                    
that the bill would impact.  Section 2 inserted AS 44.23.020                                                                    
after  the statehood  act  (Section 1  of  the statute)  and                                                                    
asked the legislature to look at  the laws. Section 3 of the                                                                    
bill  (AS  24.05.188),  was  inserted  under  Article  5  as                                                                    
legislative space. Section 4 of  the bill was inserted under                                                                    
DOL  related  to  the  duties and  powers  of  the  attorney                                                                    
general's  office. She  explained  that  the three  sections                                                                    
supported AS 44.23.020 and did not change other law.                                                                            
                                                                                                                                
2:28:50 PM                                                                                                                    
                                                                                                                                
Representative Edgmon  referenced language in the  bill that                                                                    
read "the attorney general shall  report the findings to the                                                                    
chairs   of  the   house   and   senate  committees   having                                                                    
jurisdiction  over judicial  matters."  He wondered  whether                                                                    
the  language  compromised  the options  that  the  attorney                                                                    
general  may have  if he  or she  wanted to  pursue a  legal                                                                    
remedy.                                                                                                                         
                                                                                                                                
Representative Keller  replied that DOL had  not brought the                                                                    
concern forward.                                                                                                                
                                                                                                                                
Representative Joule  discussed that  the bill  mandated the                                                                    
attorney general  (who worked  for the  governor) to  take a                                                                    
specific  action.  He  opined   that  individuals  may  have                                                                    
problems with the current federal  administration, but in 10                                                                    
or 20  years the shoe  would be on  the other foot.  He felt                                                                    
neutral about the bill, but  cautioned that it was important                                                                    
for  a  person to  be  careful  about  what they  asked  for                                                                    
because it may come to fruition.                                                                                                
                                                                                                                                
Representative   Keller  believed   that  regardless   of  a                                                                    
person's  political  affiliation,  he  would  welcome  their                                                                    
concern about a bill that was potentially unconstitutional.                                                                     
                                                                                                                                
Representative   Hawker  was   opposed  to   the  conceptual                                                                    
amendment. He  voiced that historically  he had  opposed the                                                                    
inclusion of  findings in statute  because they  were either                                                                    
irrelevant  or did  not provide  the appropriate  contextual                                                                    
framework. He  communicated that  he felt  differently about                                                                    
the  current legislation  and believed  that the  conceptual                                                                    
amendment   would  remove   findings  that   represented  an                                                                    
important  factual  basis for  the  context  of the  statute                                                                    
change. He opined that removing  the findings would have led                                                                    
to  greater ambiguity.  He believed  that  Section 2,  which                                                                    
affirmed the  state's sovereignty, was the  "heart and soul"                                                                    
of  the bill.  He advised  that  the language  in Section  2                                                                    
related  to the  unconstitutionality  of an  item, stated  a                                                                    
fact, and was  based on the opinion of  the attorney general                                                                    
or  another  person.  The  implementation  of  the  findings                                                                    
occurred  under  Sections 3  and  4.  He believed  that  the                                                                    
legislation  went as  far as  possible in  an effective  and                                                                    
responsible manner.                                                                                                             
                                                                                                                                
2:34:13 PM                                                                                                                    
                                                                                                                                
Representative Guttenberg observed that  the sections of the                                                                    
Alaska constitution that had been  adopted by the convention                                                                    
were  very   succinct.  He  felt  that   amendments  to  the                                                                    
constitution and  statute could get convoluted.  He believed                                                                    
that Section 4  of the bill included many of  the same items                                                                    
from Sections  1, 2,  and 3; Section  4 outlined  the action                                                                    
that would take place if  the attorney general found an item                                                                    
to  be  unconstitutional.  He discussed  that  the  attorney                                                                    
general  did  not  need legislative  approval  to  challenge                                                                    
federal law,  which was  evident in  current actions  by the                                                                    
governor.  He  believed  that  Sections  1  through  3  were                                                                    
redundant and  contained the same points  that were depicted                                                                    
in Section 4;  the sections were not as focused  and did not                                                                    
provide  a  specific  action. He  supported  the  idea  that                                                                    
legislative  committees would  receive  reports about  items                                                                    
that were potentially unconstitutional.                                                                                         
                                                                                                                                
Representative  Wilson  wondered  whether  the  sponsor  had                                                                    
asked the  offices of the  attorney general or  the governor                                                                    
about their opinion on the  importance of Sections 1 through                                                                    
3 of the bill.                                                                                                                  
                                                                                                                                
Representative Keller  replied that they had  heard from the                                                                    
offices  at the  House  Judiciary Committee  hearing on  the                                                                    
legislation. There  had been concern that  the original bill                                                                    
required the attorney  general's office to catch  all of the                                                                    
unconstitutional regulations,  which was  a larger  job than                                                                    
the office  was prepared to  handle. He had spoken  with the                                                                    
attorney general and had received no negative response.                                                                         
                                                                                                                                
Representative Wilson  asked whether  in the absence  of the                                                                    
legislation, it  would not  be a  priority for  the attorney                                                                    
general's office to look  for the potential unconstitutional                                                                    
items.  She wanted  the office  to catch  any federal  items                                                                    
that were  potentially unconstitutional and  that conflicted                                                                    
with  the  state's  constitution;   she  believed  that  the                                                                    
attorney  general and  the legislature  were mandated  to do                                                                    
so. She wondered  whether the sponsor believed  the bill was                                                                    
necessary to ensure that the desired outcome was met.                                                                           
                                                                                                                                
Representative  Keller  responded  in  the  affirmative.  He                                                                    
explained that  the attorney general's office  currently may                                                                    
not  realize  that  the  legislature  should  be  officially                                                                    
notified when it came  across a potentially unconstitutional                                                                    
item.                                                                                                                           
                                                                                                                                
Representative  Doogan wrapped  up his  conceptual Amendment                                                                    
1. He  believed that  the language in  Sections 1  through 3                                                                    
was not necessary if it did  not do anything; however, if it                                                                    
did  do  something,  he believed  that  the  active  portion                                                                    
related  to a  person's view  that an  item in  violation of                                                                    
federal statute or  the Constitution would not  be state law                                                                    
(page  2,  lines  15-16).  He felt  that  the  language  was                                                                    
"nullification  language"  and  he   was  not  in  favor  of                                                                    
supporting  a  bill  that would  allow  the  legislature  to                                                                    
nullify   the  U.S.   Constitution  or   federal  law.   The                                                                    
legislature could  dispute federal law and  he had generally                                                                    
supported the  action. He believed  HB 8 was  something more                                                                    
than a dispute and allowed  anyone who opposed something the                                                                    
federal   government    did   to   decide   that    it   was                                                                    
unconstitutional or a  violation of federal law.  He did not                                                                    
support the aspect of the legislation.                                                                                          
                                                                                                                                
Co-Chair Stoltze  clarified that the amendment  would delete                                                                    
all but Sections 4 and 5 of the legislation.                                                                                    
                                                                                                                                
A  roll call  vote  was taken  on the  motion  to adopt  the                                                                    
conceptual Amendment 1.                                                                                                         
                                                                                                                                
IN FAVOR: Doogan, Guttenberg                                                                                                    
OPPOSED:  Costello,   Edgmon,  Fairclough,   Joule,  Hawker,                                                                    
Wilson, Stoltze, Thomas                                                                                                         
                                                                                                                                
The MOTION FAILED (8/2).                                                                                                        
                                                                                                                                
Co-Chair  Stoltze pointed  to the  zero fiscal  note by  the                                                                    
Department of Law.                                                                                                              
                                                                                                                                
Vice-chair  Fairclough MOVED  to report  CSHB 8(FIN)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note.                                                                                                       
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
Representative  Wilson  relayed  that the  fiscal  note  was                                                                    
indeterminate.                                                                                                                  
                                                                                                                                
Co-Chair Stoltze clarified that  the fiscal note had changed                                                                    
from indeterminate to zero.                                                                                                     
                                                                                                                                
Representative Wilson WITHDREW her OBJECTION.                                                                                   
                                                                                                                                
Representative Doogan MAINTAINED his OBJECTION.                                                                                 
                                                                                                                                
A roll  call vote was  taken on the  motion to report  CS HB
8(FIN) from committee.                                                                                                          
                                                                                                                                
IN  FAVOR:  Wilson,  Costello,  Edgmon,  Fairclough,  Joule,                                                                    
Hawker, Thomas, Stoltze, Gara                                                                                                   
OPPOSED: Doogan, Guttenberg                                                                                                     
                                                                                                                                
The MOTION  PASSED (9/2). There  being NO  further OBJECTION                                                                    
it was so ordered.                                                                                                              
                                                                                                                                
CSHB 8(FIN) was  REPORTED out of committee with  a "do pass"                                                                    
recommendation and with  new zero impact fiscal  note by the                                                                    
Department of Law.                                                                                                              
                                                                                                                                
2:47:47 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:48:22 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 103 - 15 Department of Law Outline of FERC and RCA Oversight.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 14 Department of Law Outline of RCA Regulation.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103(ENE) Sectional Analysis - sequential.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103(ENE) Sectional Analysis - by subject.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 06 Summary of Fiscal Notes.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
HB 103 - 03 Governor's Transmittal Letter.pdf HFIN 3/30/2011 1:30:00 PM
HB 103
CSHB104(EDC)Sectional ACPE 3 21 11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 Sectional SB43EDC012811 ACPE(2).pdf HFIN 3/30/2011 1:30:00 PM
HB 104
SB 43
SB43 HB104 one pagerFIN2.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
SB 43
HB104 AWIBAPSResolution.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 APS Chenault Transmittal.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
2-24_HB120_Bill-NMTC.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_HearingInformationSheet.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_SectionalAnalysis.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
2-24_HB120_WhitePaper.pdf HFIN 3/30/2011 1:30:00 PM
HB 120
CSHB 121 Sectional Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HFIN 4/4/2011 1:30:00 PM
HB 121
HB 121 - Alaskan Shellfish Grower's Association - Support.pdf HFIN 3/30/2011 1:30:00 PM
HFIN 4/4/2011 1:30:00 PM
HB 121
HB 121 - CCED - Letter of support - SWAMC.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121 - Shellfish Production Stats - West Coast.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121 - Treasures of the Tidelands - WA.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
HB 121-CCED-Letter of Support-Taco Loco.pdf HFIN 3/30/2011 1:30:00 PM
HB 121
NCSL Revolving Loan briefing paper.pdf HFIN 3/30/2011 1:30:00 PM
HB 125 Supporting Documents-Related Statutes.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Supporting Documents-ABC Sunset Review.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB125 Supporting Documents-LB&A Subcom Rcmndtn ABC Board.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
HB 150 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Summary of changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB125-Summary of Changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 125
03-14-11 CTS 15051 John Lucking.pdf HFIN 3/30/2011 1:30:00 PM
HB 150 AARP letter of support.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Proposed amendment.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB 150 Sectional Analysis 3-25-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 150
HB104 Sectional EDC012811 ACPE(2) HB 104.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
CSHB 8 Utah Em. Dom. Article.pdf HFIN 3/30/2011 1:30:00 PM
HB8-NEWFNLAW-CIV-03-18-11.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Supremacy-10th Amend.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 stroke of pen.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 sponsor.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Sectional.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Null & Void article.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 NYC v FCC Syllabus.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 -HR0009A.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 Executive Orders Info.pdf HFIN 3/30/2011 1:30:00 PM
CSHB 8 CFR Costs.pdf HFIN 3/30/2011 1:30:00 PM
CSHB10-NEWFNDOA-DMV-03-18-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 AML Letter.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 Explanation of Changes.pdf HFIN 3/30/2011 1:30:00 PM
HB 10 Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Value Added 3.8.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Vicinity Map 12-20-2010.pdf HFIN 3/30/2011 1:30:00 PM
CSHB164(L&C) Sponsor Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
CSHB164(L&C) Sectional Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
HB 105 Trends Populations Projections 2010-2034.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Transmittal.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 SE Land Summary 2.22.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Public Briefing 1.24.2011.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Parcel Maps 12.20.2010.pdf HFIN 3/30/2011 1:30:00 PM
HB 105 Land Ownership and Mill Status.pdf HFIN 3/30/2011 1:30:00 PM
HB141_Sectional_Analysis.pdf HFIN 3/30/2011 1:30:00 PM
HB_141_Sponsor_Statement.pdf HFIN 3/30/2011 1:30:00 PM
HB 141 NOAA Alaska Fisheries report 4pgs..pdf HFIN 3/30/2011 1:30:00 PM
HB 127 West Law AK Statutes LAW part 1.pdf HFIN 3/30/2011 1:30:00 PM
HB 127
HB 127 West Law AK Statutes LAW part 2.pdf HFIN 3/30/2011 1:30:00 PM
HB 127
HB104 NEW FN CS(EDC)-EED-ACPE-03-23-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB 78 CS sponsor statement 27-LS0147.T.doc HFIN 3/30/2011 1:30:00 PM
HB 78
HB 078 27-LS0147 changes .T to .R.pdf HFIN 3/30/2011 1:30:00 PM
HB 78
CS WORK DRAFT HB 78 27-LS0147.R.pdf HFIN 3/30/2011 1:30:00 PM
HB 78
03r - HB 078 CS sectional summary 27-LS0147.R.doc HFIN 3/30/2011 1:30:00 PM
HB 78
HB104 NEW FN(EDC)-DOR-TAX-03-29-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB104 NEW FN-DOR-TRS-03-21-11.pdf HFIN 3/30/2011 1:30:00 PM
HB 104
HB 164 Support.pdf HFIN 3/30/2011 1:30:00 PM
HB 164
HB 105 Sandor Wright Rogers Testimony.pdf HFIN 3/30/2011 1:30:00 PM
HB 105
HB 105 Wolfe Testimony.pdf HFIN 3/30/2011 1:30:00 PM
HB 105