Legislature(2015 - 2016)BUTROVICH 205

03/17/2015 09:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 42 PERSONAL USE FISHING PRIORITY TELECONFERENCED
Moved SB 42 Out of Committee
-- Continued Public Testimony --
*+ SJR 15 CALL FOR US COUNTERMAND CONVENTION TELECONFERENCED
Heard & Held
-- Initial Presentation --
*+ SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
-- Initial Presentation --
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SJR 15-CALL FOR US COUNTERMAND CONVENTION                                                                        
           SCR 4-US COUNTERMAND CONVENTION DELEGATES                                                                        
                                                                                                                                
9:01:34 AM                                                                                                                    
CHAIR STOLTZE [announced  that the first order  of business would                                                               
be  a hearing  on both  SENATE  JOINT RESOLUTION  NO. 15,  Making                                                               
application to  the United States  Congress to call  a convention                                                               
of  the  states  to  propose   a  countermand  amendment  to  the                                                               
Constitution  of the  United  States as  provided  under art.  V,                                                               
Constitution of  the United States;  and urging  the legislatures                                                               
of the other  49 states to make the same  application; and 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].                                                                          
                                                                                                                                
At ease from 9:02 a.m. to 9:04 a.m.                                                                                             
                                                                                                                                
9:04:31 AM                                                                                                                    
STUART  KRUEGER,  Staff,  Representative  Shelly  Hughes,  Alaska                                                               
State Legislature,  on behalf  of Representative  Hughes, sponsor                                                               
of HJR  14 and HCR  4, House companion legislation,  relayed that                                                               
SJR 15  and SCR 4  would together  address an application  by the                                                               
State  of  Alaska to  pursue  a  constitutional convention  under                                                               
powers granted  by Article  V of the  Constitution of  the United                                                               
States.  Under the  proposed resolutions,  however, the  proposed                                                               
constitutional convention is  supposed to be limited  to just one                                                               
subject,  that  being  what  he referred  to  as  a  "countermand                                                               
amendment" as  outlined in SCR  4.  He offered  his understanding                                                               
that such  an amendment  to the  U.S. Constitution  would provide                                                               
the states with "veto power" over federal law.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI joined the committee meeting.                                                                              
                                                                                                                                
MR.  KRUEGER, referring  to SCR  4, paraphrased  the language  on                                                               
page 11, line 14, through page 12, line 16, which read:                                                                         
                                                                                                                                
     "Section 1.  The  Article restores State sovereignty in                                                                  
     our   Constitutional   Republic  by   providing   State                                                                    
     Legislatures Countermand authority.                                                                                        
     "Section 2.   State Legislatures in  the several States                                                                  
     shall  have the  authority to  Countermand and  rescind                                                                    
     any    Congressional   Statute,    Judicial   decision,                                                                    
     Executive    Order,    Treaty,   government    agency's                                                                    
     regulatory  ruling, or  any  other  government or  non-                                                                    
     government  mandate (including  excessive spending  and                                                                    
     credit)  imposed on  them  when in  the  opinion of  60                                                                    
     percent  of  State  Legislatures   the  law  or  ruling                                                                    
     adversely  affects their  States' interest.   When  the                                                                    
     Countermand  threshold has  been  reached,  the law  or                                                                    
     ruling   shall   be   immediately   and   automatically                                                                    
     nullified  and repealed.    This Countermand  authority                                                                    
     shall also apply to existing laws and rulings.                                                                             
     "Section 3.   From the time the  initial Countermand is                                                                  
     issued by  a State Legislature, the  other Legislatures                                                                    
     shall  have  18  months  to  complete  the  Countermand                                                                    
     process.   If the Countermand process  is not completed                                                                    
     in  18 months,  then the  law or  ruling that  is being                                                                    
     challenged shall remain enforceable.                                                                                       
     "Section  4.   Each  State  Legislature shall  complete                                                                  
     their  Countermand affidavit  and  deliver a  certified                                                                    
     copy to the Chief Justice  of the United States Supreme                                                                    
     Court,  the Leader  of the  United  States Senate,  the                                                                    
     Speaker of the House  of Representatives, the President                                                                    
     of  the   United  States,   and  when   applicable  the                                                                    
     Government Agency or Body that is being challenged.                                                                        
     "Section 5.   Congress shall have the  power to enforce                                                                  
     this Article by appropriate legislation.                                                                                   
     "Section 6.  Individual  States shall have authority to                                                                  
     prosecute violators  of this  Article under  State laws                                                                    
     in  the absence  of Federal  prosecution after  90 days                                                                    
     from  the  date of  the  alleged  violation.   Multiple                                                                    
     prosecutions, by multiple States,  for the same alleged                                                                    
     crime are prohibited.                                                                                                      
     "Section 7.   The Article shall be  immediately part of                                                                  
     the  United States  Constitution  upon ratification  by                                                                    
     three  quarters  of  the   State  Legislatures  in  the                                                                    
     several States.                                                                                                            
     "Section  8.    The  provisions  of  this  Article  are                                                                  
     enforceable  within  the  United  States,  which  shall                                                                    
     include the  Several States, the District  of Columbia,                                                                    
     the Commonwealth  of Puerto  Rico, the  Commonwealth of                                                                    
     the Northern  Mariana Islands  and the  territories and                                                                    
     possessions of the United States.";                                                                                        
                                                                                                                                
MR. KRUEGER indicated that the  concepts embodied in the proposed                                                               
resolutions were brought forth by  Mike Coons and an organization                                                               
called  Citizen  Initiatives, and  offered  his  belief that  the                                                               
resolutions' proposed  countermand amendment to  the Constitution                                                               
of the United States could be  viewed as a nonpartisan issue.  In                                                               
response to  a question,  he indicated  that [if  the resolutions                                                               
are  passed,  and  a  constitutional  convention  addressing  the                                                               
proposed countermand  amendment is convened, and  ratification of                                                               
the  proposed change  to the  Constitution of  the United  States                                                               
occurs, then] any state in  disagreement with a federal law could                                                               
seek  repeal/nullification   of  that  law  through   a  specific                                                               
process.                                                                                                                        
                                                                                                                                
9:13:06 AM                                                                                                                    
MIKE  COONS, National  and State  Director, Citizen  Initiatives,                                                               
opined that  a countermand amendment  to the Constitution  of the                                                               
United States is sorely needed,  indicated that an application to                                                               
Congress to call a constitutional  convention must still be made,                                                               
and  mentioned  that  the  resolutions'  proposed  constitutional                                                               
convention is defined in one of  the resolutions.  He, too, noted                                                               
that  the  resolutions'  proposed  constitutional  convention  is                                                               
supposed  to be  limited to  just  the subject  of a  countermand                                                               
amendment to  the Constitution of  the United States.   Referring                                                               
to  what he  termed  a "credentials  committee,"  he offered  his                                                               
understanding that it would be  appointed by the State of Alaska,                                                               
and  would   control  the  delegates,  including   picking  them,                                                               
overseeing them, and responding to their questions.                                                                             
                                                                                                                                
MR.  COONS, in  response  to a  request,  offered a  hypothetical                                                               
example  involving state  and federal  lands, and  predicted that                                                               
with ratification of a countermand  amendment to the Constitution                                                               
of  the United  States, resolutions  passed by  the states  would                                                               
then have the  force of law.  In response  to questions involving                                                               
other hypothetical  examples, he, too, offered  his understanding                                                               
that  [if  the  resolutions  are  passed,  and  a  constitutional                                                               
convention  addressing  the  proposed  countermand  amendment  is                                                               
convened,  and  ratification  of   the  proposed  change  to  the                                                               
Constitution  of  the  United  States  occurs,  then]  states  in                                                               
disagreement with  a federal law could  seek repeal/nullification                                                               
of that law.                                                                                                                    
                                                                                                                                
SENATOR  COGHILL, mentioning  "federal overreach,"  characterized                                                               
the   resolutions'   proposed   countermand  amendment   to   the                                                               
Constitution of the United States as  a tool to be used by states                                                               
that disapprove of federal law, and expressed support.                                                                          
                                                                                                                                
SENATOR HUGGINS  predicted that should the  resolutions' proposed                                                               
countermand amendment  to the Constitution  of the  United States                                                               
be ratified, it would not be used in his lifetime.                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI cautioned  against allowing  a majority  of                                                               
the states  to overturn U.S.  Supreme Court  decisions, venturing                                                               
that had  the resolutions' proposed countermand  amendment to the                                                               
Constitution of  the United States  been ratified in the  past, a                                                               
majority of  the states  could have  gotten together  to overturn                                                               
the  significant civil-rights  decisions  that have  been made  -                                                               
decisions such as ending segregation, for example.                                                                              
                                                                                                                                
[SCR 4 and SJR 15 were held in committee.]                                                                                      

Document Name Date/Time Subjects
SB42 ADF&G Provided - Res and Nonres Commercial Fishing Statistics.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Document - ADF&G Personal Use Statewide Regulations.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Document - Letter Chitina Dipnetters Association 3-15-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Opposition Document - Letter Alaska Trollers Association 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SJR15 Support Document - Letter Louisiana Senator A.G. Crowe.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - Letter North Dakota Rep Alan Fehr.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Documents - Emails 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - Charles Kacprowicz Commentary.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz).pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - New Hampshire Resolution.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - New Mexico Resolution.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Fiscal Note LEG-SESS 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Fiscal Note LEG-SESS 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SJR15 Sponsor Statement.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Sponsor Statement.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR 4 Sectional Summary.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SB42 Opposition Documents - Emails & Written Testimony 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Documents - Emails 3-17-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SCR4 Support Document - Charles Kacprowicz Commentary.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR4 Support Document - Email Mike Coons 3-26-15.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz).pdf SSTA 3/17/2015 9:00:00 AM
SCR 4