Legislature(2015 - 2016)SENATE FINANCE 532

04/05/2016 05:00 PM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 126 SMALL SECURITY OFFERINGS TELECONFERENCED
Heard & Held
+ SB 154 BLOOD BANK OF ALASKA LICENSE PLATES TELECONFERENCED
Heard & Held
+ SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 69 BD OF CHIROPRACTIC EXAMINERS; PRACTICE TELECONFERENCED
Moved CSSB 69(FIN) Out of Committee
SENATE CONCURRENT RESOLUTION NO. 4                                                                                            
                                                                                                                                
     Relating  to the  duties of  delegates selected  by the                                                                    
     legislature  to  attend  a  convention  of  the  states                                                                    
     called  under  art.  V,   Constitution  of  the  United                                                                    
     States,  to consider  a  countermand  amendment to  the                                                                    
     Constitution of  the United  States; establishing  as a                                                                    
     joint  committee   of  the  legislature   the  Delegate                                                                    
     Credential Committee and relating  to the duties of the                                                                    
     committee;  providing for  an  oath  for delegates  and                                                                    
     alternates  to  a   countermand  amendment  convention;                                                                    
     providing  for  a  chair and  assistant  chair  of  the                                                                    
     state's  countermand  amendment  delegation;  providing                                                                    
     for  the  duties  of the  chair  and  assistant  chair;                                                                    
     providing   instructions  for   the   selection  of   a                                                                    
     convention president;  and providing  specific language                                                                    
     for  the countermand  amendment  on  which the  state's                                                                    
     convention delegates are  authorized by the legislature                                                                    
     to vote to approve.                                                                                                        
                                                                                                                                
5:34:19 PM                                                                                                                    
                                                                                                                                
SENATOR BILL STOLTZE, SPONSOR, explained the resolution:                                                                        
                                                                                                                                
     SJR 15 and  SCR 4 seek to restore the  balance of power                                                                    
     between the states and federal  government. The pair of                                                                    
     resolutions  would  strengthen   state  sovereignty  by                                                                    
     providing  states with  veto  (countermand) power  over                                                                    
     federal decisions deemed not  in their best interest by                                                                    
     establishing  an amendment  to  the U.S.  Constitution.                                                                    
     These two  resolutions in tandem are  intended to start                                                                    
     the  process of  amending the  US Constitution  via the                                                                    
     powers granted in Article V.                                                                                               
                                                                                                                                
     SJR  15 (The  Application)  provides  Alaska's call  to                                                                    
     Congress   for   a    clearly   defined,   single-issue                                                                    
     Countermand   Amendment  Convention.   The  Countermand                                                                    
     Amendment  to  the  United  States  Constitution,  when                                                                    
     ratified,  will  allow  states to  propose  Countermand                                                                    
     Initiatives,  which upon  approval  by three-fifths  of                                                                    
     the  state   legislatures,  will  repeal   any  federal                                                                    
     statute,   executive  order,   judicial  decision,   or                                                                    
     regulatory decision listed in the Initiative.                                                                              
                                                                                                                                
     SCR  4  (The  Delegate Resolution)  enables  the  state                                                                    
     legislature   to    institute   parameters    for   the                                                                    
     convention,  ensuring that  a  "runaway convention"  is                                                                    
     not possible,  and provides for a  productive, safe and                                                                    
     timely process.  The Delegate Resolution  establishes a                                                                    
     Credential Committee for selection  of delegates to the                                                                    
     convention, and  outlines the duties of  the delegates.                                                                    
     SCR  4  also  includes  the language  of  the  proposed                                                                    
     Countermand Amendment to the U.S. Constitution.                                                                            
                                                                                                                                
     These two resolutions do not  pertain to a conservative                                                                    
     versus liberal  agenda; this is a  state versus federal                                                                    
     issue. Passage  of these  resolutions is  an actionable                                                                    
     step  the Legislature  can take  toward restoration  of                                                                    
     the proper balance of state and federal powers.                                                                            
                                                                                                                                
5:36:07 PM                                                                                                                    
                                                                                                                                
STUART KRUEGER, STAFF, REPRESENTATIVE SHELLEY HUGHES,                                                                           
explained the Sectional Analysis (copy on file):                                                                                
                                                                                                                                
     Resolve 1                                                                                                                  
     Pg 2 ln  26: Authorizes the legislature  to appoint and                                                                    
     summon delegates for the amendment convention.                                                                             
                                                                                                                                
     Resolve 2                                                                                                                  
     Pg 2, ln 29: Gives  the legislature authority to decide                                                                    
     the  qualifications and  total number  of delegates  to                                                                    
     send to the convention.                                                                                                    
                                                                                                                                
     Resolve 3                                                                                                                  
     Pg 3,  ln 1: Gives  the legislature the ability  to add                                                                    
     or remove delegates and                                                                                                    
                                                                                                                                
     Resolve 4                                                                                                                  
     Pg. 3,  Ln 6: Provides parameters  and instructions for                                                                    
     state's delegates at the convention.                                                                                       
                                                                                                                                
          Prohibits delegates from voting for any other                                                                         
          amendments, outside of the countermand amendment,                                                                     
          at the convention.                                                                                                    
                                                                                                                                
     Resolve 5                                                                                                                  
     Pg 3, ln 13: Reserves  the countermand amendment as the                                                                    
     only  amendment for  consideration for  ratification by                                                                    
     the legislatures.                                                                                                          
                                                                                                                                
     Resolve 6                                                                                                                  
     Pg 3, ln 15                                                                                                                
     Upon a call  for convention by 34  states, this resolve                                                                    
     allows  for  establishing  of the  Delegate  Credential                                                                    
     Committee  within the  Alaska Legislature,  with duties                                                                    
     listed in section A.                                                                                                       
     Speaker of  the House shall appoint  three members from                                                                    
     the  House, one  being  a minority  caucus member.  The                                                                    
     President of the Senate shall  appoint three members of                                                                    
     the Senate, one being a minority caucus member.                                                                            
     Resolve 7                                                                                                                  
     Pg 3, ln 24                                                                                                                
     Provides for  replacement procedure for members  of the                                                                    
     Delegate Credential Committee.                                                                                             
     Resolve 8                                                                                                                  
     Allows for selection of co-chairs of the Delegate                                                                          
     One co-chair from the House, one from                                                                                      
     Pg 3, ln 26                                                                                                                
     Credential Committee                                                                                                       
     the Senate. Along with staff                                                                                               
     assignments for committee support.                                                                                         
     Resolve 9                                                                                                                  
     Pg 3, ln 30                                                                                                                
     Establishes  when  Delegate  Credential  Committee  can                                                                    
     meet.                                                                                                                      
     Resolve 10                                                                                                                 
     Pg 4, ln 1                                                                                                                 
     Acknowledges  that  the Delegate  Credential  Committee                                                                    
     will  continue until  the first  day  of the  Thirtieth                                                                    
     Alaska State Legislature.                                                                                                  
     Resolve 11                                                                                                                 
     Pg 4, ln 3                                                                                                                 
     Requests  that  the  Delegate Credential  Committee  be                                                                    
     considered  for  reestablishment during  the  Thirtieth                                                                    
     Alaska Legislature.                                                                                                        
     Resolve 12                                                                                                                 
     Pg 4, ln 6                                                                                                                 
     Provides  for  removal  and replacement  procedure  for                                                                    
     members of the Delegate Credential Committee                                                                               
     Members  are  removed  or  replaced  by  the  presiding                                                                    
     officer that appointed them.                                                                                               
     Resolve 13                                                                                                                 
     Section A.                                                                                                                 
     Pg 4, ln 17                                                                                                                
     Provides   the  duties   of  the   Delegate  Credential                                                                    
     Committee.                                                                                                                 
     Majority  vote on  decisions, official  facilitator for                                                                    
     the  legislature, appointment  of delegates,  provide a                                                                    
     committee  report  on  selected  delegates,  appointing                                                                    
     chair and  assistant chair of delegation,  properly vet                                                                    
     and  confirm  delegates,  issue  convention  passes  to                                                                    
     delegates,  notify legislature  of  financial needs  at                                                                    
     the  convention,  administer  oaths to  the  delegates,                                                                    
     alternates,   chair   and  assistant   chair,   monitor                                                                    
     activities  of  Alaska's delegation,  submit  quarterly                                                                    
     reports  to the  legislature on  events, progress,  and                                                                    
     recommendations  for   the  convention,   authority  to                                                                    
     recommend  removal  of  a  delegate  or  alternate  for                                                                    
     approval by the legislature.                                                                                               
     Resolve 13                                                                                                                 
     Section B                                                                                                                  
     Pg 6, ln 11                                                                                                                
     Provides for the duties of  the chair of Alaska's state                                                                    
     delegation and the president of the convention,                                                                            
     Chair  is  responsible  for  communicating  with  other                                                                    
     state  delegations  to  open convention  for  business;                                                                    
     identifying  other legislatures  that  have approved  a                                                                    
     delegate resolution;  build consensus with at  least 26                                                                    
     state   delegations   to   require  that   each   state                                                                    
     delegation  at  the  convention   has  only  one  vote;                                                                    
     require  a  simple majority  vote  at  all roll  calls;                                                                    
     nominate convention  officials; require a quorum  of 26                                                                    
     state  to conduct  business; build  a  consensus of  at                                                                    
     least  26 states  to  support  sending the  countermand                                                                    
     amendment   for   ratification;    work   to   conclude                                                                    
     convention  in 21  days, or  no longer  than 180  days;                                                                    
     nominate  a  candidate  for convention  president  from                                                                    
     Alaska's delegation, or work to elect a president                                                                          
     Resolve 13                                                                                                                 
     Section B, J                                                                                                               
     Pg 7, ln 31                                                                                                                
     Under duties  of the Alaska delegation  chair, includes                                                                    
     supporting  the  following  duties  of  the  convention                                                                    
     president.                                                                                                                 
     Convention  president duties  include: securing  a vote                                                                    
     for this delegate  resolution to be the  rules of order                                                                    
     at the convention; focus on  the purpose of sending the                                                                    
     countermand amendment  for ratification by  the states;                                                                    
     request   security   measures    as   needed;   oversee                                                                    
     installment  of officers  at the  convention; establish                                                                    
     convention  agenda;   provide  equal  time   for  floor                                                                    
     discussion for all states;  to prohibit introduction of                                                                    
     any subject other than  the countermand amendment; call                                                                    
     for  a vote  for sending  countermand amendment  to the                                                                    
     states; report to 50 state  legislatures, and the media                                                                    
     on convention  progress; provide formal  requests, when                                                                    
     needed,  to states  for money  that will  be needed  to                                                                    
     carry  on  business;  oppose any  effort  to  delay  or                                                                    
     modify  the  countermand  amendment  vote;  oppose  any                                                                    
     effort  by states  to offer  amendments other  than the                                                                    
     countermand amendment                                                                                                      
     Resolve 13                                                                                                                 
     Section C                                                                                                                  
     Pg 10, ln 3                                                                                                                
     Addresses  duties  and responsibilities  of  convention                                                                    
     delegates.                                                                                                                 
     Delegate  duties  include:  comply with  directives  in                                                                    
     this resolution;  follow instructions of the  chair and                                                                    
     assistant chair  of Alaska's delegation; be  present to                                                                    
     vote at  all roll  calls; attend all  assigned sessions                                                                    
     at the  convention; report to the  delegation chair the                                                                    
     number   of  states   in  favor   of  the   countermand                                                                    
     amendment; recommend strategies to  help join 26 states                                                                    
     in favor of the countermand amendment                                                                                      
     Resolve 13                                                                                                                 
     Section D                                                                                                                  
     Pg 11, Ln 1                                                                                                                
     Addresses  duties  and responsibilities  of  convention                                                                    
     delegate alternates.                                                                                                       
     Resolve 13                                                                                                                 
     Section E                                                                                                                  
     Pg 11, Ln 8                                                                                                                
     Provides the text for the  countermand amendment to the                                                                    
     United States Constitution.                                                                                                
                                                                                                                                
5:40:41 PM                                                                                                                    
                                                                                                                                
MICHAEL  SCHECHTER,  ATTORNEY  GENERAL'S  OFFICE,  ANCHORAGE                                                                    
(via  teleconference),  stated  that he  was  available  for                                                                    
questions.                                                                                                                      
                                                                                                                                
Co-Chair  MacKinnon  queried  any technical  errors  in  the                                                                    
resolution.  Mr. Schechter  replied  that the  there was  an                                                                    
issue related  to how the constitutional  convention process                                                                    
would work.  The process had  never been used in  the United                                                                    
States.                                                                                                                         
                                                                                                                                
Senator Stoltze stated  that he hoped that there  would be a                                                                    
point when the questions would be addressed.                                                                                    
                                                                                                                                
5:44:18 PM                                                                                                                    
                                                                                                                                
MIKE   COONS,   NATIONAL   LEGISLATIVE   DIRECTOR,   CITIZEN                                                                    
INITIATIVES,  PALMER  (via   teleconference),  testified  in                                                                    
support of the legislation.                                                                                                     
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
SCR  4  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
5:49:23 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:49:57 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 126 - Background Document - NASAA State Crowdfunding Legislation Index.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Background Document - NCSL Intrastate Crowdfunding Update 2015.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Background Document - Pew Charitable Trust Article - States Clear Way for Crowdfunding.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Changes Version A to Version W.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Sectional Analysis.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Sponsor Statement.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - State Crowdfunding Press Articles.PDF SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Support Letter - AIPPA.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
SB 126 - Support Letter - Randy Daly.pdf SFIN 4/5/2016 5:00:00 PM
SB 126
CSSB 154 (STA) - Changes.pdf SFIN 4/5/2016 5:00:00 PM
SB 154
CSSB 154 (STA) - Sponsor Statement.pdf SFIN 4/5/2016 5:00:00 PM
SB 154
SB 69 CS SB 69 (FIN) ver S.pdf SFIN 4/5/2016 5:00:00 PM
SB 69
SCR 4 Backup Document - New Hampshire Resolution Calling for Countermand Amendment.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Backup Document - New Mexico Resolution Proposing Countermand Amendment.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Sponsor Statement.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Charles Kacprowicz Commentary.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Email Don Brand 2-3-16.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Email Mike Coons 3-25-15.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Email Mike Coons 3-26-15.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz) - 8-30-14.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Letter Louisiana Senator A.G. Crowe.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4
SCR 4 Support Document - Letter North Dakota Rep Alan Fehr - 2-20-15.pdf SFIN 4/5/2016 5:00:00 PM
SCR 4