Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/04/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 184 JURY SERVICE EXEMPTION TELECONFERENCED
<Bill Hearing Canceled>
+= HB 366 INVOLUNTARY COMMITMENT; FIREARMS TELECONFERENCED
<Bill Hearing Canceled>
+= HB 284 COMPACT FOR A BALANCED BUDGET TELECONFERENCED
Heard & Held
+= HB 369 DRUG OVERDOSE: IMMUNITY FROM PROSECUTION TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled:
              HB 284-COMPACT FOR A BALANCED BUDGET                                                                          
                                                                                                                                
1:33:50 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  284. "An  Act                                                               
relating to an interstate compact  on a balanced federal budget."                                                               
This was the second hearing.                                                                                                    
                                                                                                                                
1:34:03 PM                                                                                                                    
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  sponsor of  HB 284,  reported that                                                               
Chip  DeMoss  and  Nick  Dranias were  available  to  respond  to                                                               
questions that were raised during the previous hearing.                                                                         
                                                                                                                                
1:34:47 PM                                                                                                                    
CHIP DEMOSS, Chair and CEO,  Compact for America, Houston, Texas,                                                               
advised that in response to  requests during the last hearing, he                                                               
sent  details   from  the  McLaughlin   polling.  He   also  sent                                                               
information  from an  economic study  that was  performed by  two                                                               
economists  who  serve  on  the   Compact  for  America  Advisory                                                               
Council. It gets  to the crux of the matter  of prioritization of                                                               
expenditures at the federal level.                                                                                              
                                                                                                                                
CHAIR COGHILL  summarized his  understanding of  the requirements                                                               
of the  compact. The  governor is  the lead  from each  state and                                                               
states are  contractually bound unless  three-fourths agree  to a                                                               
change.                                                                                                                         
                                                                                                                                
MR. DEMOSS agreed  that signatory states are bound  once the 38th                                                               
state joins. It  is anticipated that Congress  will have approved                                                               
the congressional resolution by then  and the convention would be                                                               
scheduled  about  45  days  after   the  38th  state  joins.  The                                                               
convention  is  limited  to  24 hours,  so  everything  would  be                                                               
complete in less than two months.                                                                                               
                                                                                                                                
CHAIR  COGHILL asked  if the  convention  addresses the  language                                                               
that is sent to Congress.                                                                                                       
                                                                                                                                
MR. DEMOSS clarified  that when a state joins the  compact, it is                                                               
pre-ratifying  the  language  of the  Balanced  Budget  Amendment                                                               
(BBA). Congress  presumably will pass a  congressional resolution                                                               
in the near future agreeing to  send the BBA, if it's prepared by                                                               
the convention, back to the  state legislatures for ratification.                                                               
Because  the state  legislatures have  already provided  the pre-                                                               
ratification in  the compact,  there is no  need for  any further                                                               
legislative action by any member state.                                                                                         
                                                                                                                                
CHAIR COGHILL asked for an explanation of the 45 days.                                                                          
                                                                                                                                
MR. DEMOSS explained that the  convention will be held in Dallas,                                                               
Texas 45  days after the  38th state  joins the compact.  This is                                                               
assuming  that Congress  will  already have  agreed  to call  the                                                               
convention in accordance with the compact.                                                                                      
                                                                                                                                
1:38:44 PM                                                                                                                    
SENATOR DYSON  offered his understanding of  the explanation that                                                               
it wouldn't  be necessary for  each state to ratify  the language                                                               
in the compact after the convention.                                                                                            
                                                                                                                                
MR. DEMOSS agreed.                                                                                                              
                                                                                                                                
SENATOR DYSON observed that that  implies that every state's call                                                               
for a convention  has to be identical in defining  the issue that                                                               
will be worked on during the convention.                                                                                        
                                                                                                                                
MR. DEMOSS  agreed; the application  is in  Article 5 on  page 9,                                                               
lines  9-18. The  actual resolution  prospectively ratifying  the                                                               
BBA, if it is  passed at the convention and if  it is referred to                                                               
the  state  legislatures  for ratification  by  Congress,  is  in                                                               
Article 9 on page 14, lines 17-25.                                                                                              
                                                                                                                                
1:41:55 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
CHAIR COGHILL summarized his understanding of the process.                                                                      
                                                                                                                                
NICK DRANIAS,  Director of Policy Development  and Constitutional                                                               
Government,  Goldwater  Institute,  Phoenix,  Arizona,  said  the                                                               
congressional resolution  would be  a counterpart to  the compact                                                               
and as currently  drafted it would be an  omnibus resolution with                                                               
two parts. The first would be  the call of the convention and the                                                               
second would  be the selection  of legislative  ratification. The                                                               
goal  is  to pass  the  singular  resolution thereby  locking  in                                                               
Congress's   commitment   to   the   selection   of   legislative                                                               
ratification.                                                                                                                   
                                                                                                                                
CHAIR COGHILL  asked if  states are bound  once [the  38th] state                                                               
signs the compact.                                                                                                              
                                                                                                                                
MR.  DRANIAS affirmed  that entrenchment  occurs  once 38  states                                                               
join the compact.  That coincides with the effective  date of the                                                               
application  for the  convention. The  intent is  to ensure  that                                                               
none of  the signing states  back out  of the process  before the                                                               
convention can meet and vote the proposed amendment up or down.                                                                 
                                                                                                                                
CHAIR COGHILL  asked if the  cost per  delegate is borne  by each                                                               
state.                                                                                                                          
                                                                                                                                
MR. DRANIAS said  yes, but it's optional as to  whether the state                                                               
funds  the compact  commission as  it is  currently drafted.  The                                                               
only  costs anticipated  for delegates  are the  reimbursement of                                                               
travel expenses.                                                                                                                
                                                                                                                                
1:44:56 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if this applies during times of war.                                                                 
                                                                                                                                
MR.  DRANIAS  answered yes,  although  the  amendment allows  two                                                               
forms  of  flexibility  in  the   debt  limit.  First,  the  ($21                                                               
trillion) debt  limit can be  thought of  as a revolving  line of                                                               
credit. If  the government  were able  to pay  down some  of that                                                               
debt, it would free up some  of that revolving line of credit for                                                               
use in  emergency situations. The  second form of  flexibility is                                                               
the  ability to  lift  the  debt limit  if  a  majority of  state                                                               
legislatures approve.                                                                                                           
                                                                                                                                
He pointed  out that  the federal  government only  borrows 40-45                                                               
percent of  every dollar  it spends  so it  has 55-60  percent of                                                               
each  tax  dollar  in  cash flow.  He  calculated  that  military                                                               
spending  accounts  for  less  than 20  percent  of  the  overall                                                               
budget,  so the  federal government  could double  or triple  its                                                               
current military expenditures without having to borrow.                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  questioned  how continuing  to  allow  $21                                                               
trillion  in  debt  could  be construed  as  seeking  a  balanced                                                               
federal budget.                                                                                                                 
                                                                                                                                
MR. DRANIAS  replied it's  ironic, but the  only way  to restrict                                                               
the ratio of spending to taxes, in  a way that can't be gamed, is                                                               
to  allow some  degree of  borrowing flexibility  to handle  cash                                                               
flow  volatility. A  number of  states discovered  that having  a                                                               
balanced budget requirement in  their constitutions also provides                                                               
for a limited  amount of debt capacity. He cited  Arizona and New                                                               
Mexico. The  problem was that  the states tied the  definition of                                                               
"balanced" to budget projections rather than to cash flow.                                                                      
                                                                                                                                
He  acknowledged   that  the  revolving   line  of   credit  more                                                               
reasonably should  be $1-2 trillion,  but the  federal government                                                               
has accumulated $21 trillion in  debt. Fortunately, over time the                                                               
economic impact  of that borrowing capacity  will shrink relative                                                               
to the economy, he said.                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if  he foresees  that federal  funds                                                               
flowing to Alaska would decrease  if this amendment were to pass.                                                               
He noted that currently that is more than $15,000 per Alaskan.                                                                  
                                                                                                                                
MR. DRANIAS  replied it's  difficult to  predict how  the federal                                                               
government  will   allocate  the   more  limited  funds   it  has                                                               
discretion to allocate.                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  wondered if it  wouldn't be better  to have                                                               
someone other than the governor to serve as the delegate.                                                                       
                                                                                                                                
MR. DRANIAS responded that it  would not threaten the compact for                                                               
a state to  change the default selection from the  governor to up                                                               
to three delegates that the  legislature selects, but his opinion                                                               
is that  the better policy  is to have  the governor as  the sole                                                               
delegate.                                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  asked,  if  the  goal  is  to  reduce  the                                                               
national debt, why it shouldn't  take two-thirds of the states to                                                               
increase the debt limit rather than a simple majority.                                                                          
                                                                                                                                
MR. DRANIAS replied  he would like the number  to be nine-tenths,                                                               
but if the bar is set too high  it won't happen at all. He opined                                                               
that this  isn't perfect,  but it's a  vast improvement  over the                                                               
status quo.                                                                                                                     
                                                                                                                                
2:00:34 PM                                                                                                                    
SENATOR WIELECHOWSKI  observed that the bill  gives the president                                                               
sweeping authority over the budget  process. He asked if the bill                                                               
basically rewrites  Articles 1  and 2  of the  U.S. Constitution,                                                               
which explicitly places all legislative power in Congress.                                                                      
                                                                                                                                
MR. DRANIAS  answered no;  that reference  is to  the impoundment                                                               
regulation  in  the  amendment.   Impoundment  is  the  executive                                                               
ability  to  delay or  reprioritize  spending  to match  cash  to                                                               
bills.  The president  currently  has impoundment  power and  the                                                               
amendment  simply regulates  it  saying that  the president  must                                                               
impound  spending once  it gets  within  98 percent  of the  debt                                                               
limit. Given  current borrowing rates,  that means that  three to                                                               
six months before reaching a  debt limit the president would have                                                               
to start designating what would  be delayed or reprioritized when                                                               
the  debt   limit  is   reached.  This   would  result   in  more                                                               
transparency because  the president  would have  to show  what he                                                               
intended to impound and then Congress  would have 30 days to pass                                                               
a  concurrent  resolution  to  override  the  impoundments.  This                                                               
forces  more  responsible  use   of  the  impoundment  power  and                                                               
enhances the power of Congress to  check and balance any abuse in                                                               
the process.                                                                                                                    
                                                                                                                                
2:04:20 PM                                                                                                                    
SENATOR  DYSON observed  that most  state  legislatures meet  for                                                               
just a  few months and  some meet  every other year,  which would                                                               
work against states acting with dispatch to accomplish this.                                                                    
                                                                                                                                
MR.  DRANIAS said  he strongly  suspects that  states will  enjoy                                                               
exercising  their new  powers over  the federal  debt limit,  and                                                               
will amend their laws and policies if necessary.                                                                                
                                                                                                                                
SENATOR  DYSON said  it  appears  that there  are  three or  four                                                               
national organizations working with  legislatures on an Article V                                                               
convention and  one or two working  against it. The sense  of his                                                               
colleagues is that  the effort is twofold: to  satisfy each group                                                               
that is  working on the language,  and then add Alaska's  name to                                                               
the  queue of  states calling  for  an Article  V convention.  He                                                               
assumes that  as the  number of  signatory states  approaches 38,                                                               
other states will work quickly  to adjust the precise language to                                                               
achieve  the  required  consistency.  He  asked  Mr.  Dranias  to                                                               
comment.                                                                                                                        
                                                                                                                                
MR. DRANIAS  responded that because  the compact does  not become                                                               
entrenched until 38  states join, there is  plenty of opportunity                                                               
for adjustment along the way.                                                                                                   
                                                                                                                                
SENATOR  DYSON  asked him  to  comment  on  the groups  that  are                                                               
working  on variations  of  this  issue and  how  that should  be                                                               
viewed.                                                                                                                         
                                                                                                                                
MR.  DRANIAS said  there are  three  major groups  on the  center                                                               
right and at least one major  group on the center left. The basic                                                               
commonality is to dissolve fear  of using the Article V amendment                                                               
power.                                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI  expressed  concern  that  this  creates  a                                                               
commission that  appears to have  no sunset clause and  the state                                                               
could be funding it with little oversight.                                                                                      
                                                                                                                                
MR.  DRANIAS  pointed  to  the termination  clause  in  the  last                                                               
provision  of  the   compact.  It  says  the   compact  is  self-                                                               
terminating  seven  years  after   the  first  state  enacts  the                                                               
compact. The funding  provision is subject to state  law so there                                                               
is  currently   no  funding  obligation  in   the  language.  The                                                               
commission is  controlled by  the first  three states  that enact                                                               
the  compact  and  those  representatives  will  decide  how  the                                                               
commission behaves.                                                                                                             
                                                                                                                                
2:12:24 PM                                                                                                                    
CHAIR  COGHILL  announced  he  would  hold  HB  284  for  further                                                               
consideration.                                                                                                                  

Document Name Date/Time Subjects
SB 184 - Letter of Support - Bering Strait School District.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Letter of Support - Hydaburg City School District.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Letter of Support - Kenai Peninsula Borough School District.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Lower Kuskokwin School District Substitute Requirements.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Letter of Support - Southeast Island School District.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Mat-Su Substitution Requirements.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - 2003 H Edu Comm bill file re HB 353.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - Sponsor Statement.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - APSI_school_list_2013.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - ASPI_explanation_graphic.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - ASD Substitution requirements.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - ASPI_statewide_summary_2013.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - ASPI_worksheet_explanation.pdf SJUD 4/4/2014 1:30:00 PM
SB 184
SB 184 - DEED_waiver_release_may2013.pdf SJUD 4/4/2014 1:30:00 PM
SB 184