03/18/2024 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HJR13 | |
| HB278 | |
| HB254 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 13 | TELECONFERENCED | |
| += | HB 278 | TELECONFERENCED | |
| += | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 18, 2024
4:46 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Jesse Sumner
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 13
Requesting the United States Congress to call a convention of
the states to propose an amendment to the Constitution of the
United States to set a limit on the number of terms that a
person may be elected as a member of the United States House of
Representatives and as a member of the United States Senate; and
urging the legislatures of the other 49 states to request the
United States Congress to call a convention of the states.
- HEARD & HELD
HOUSE BILL NO. 278
"An Act establishing the administrative regulation review
division."
- MOVED HB 278 OUT OF COMMITTEE
HOUSE BILL NO. 254
"An Act relating to liability for publishing or distributing
pornography to minors on the Internet."
- MOVED CSHB 254(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 13
SHORT TITLE: CALL FED. CONSTITUTIONAL CONV:TERM LIMITS
SPONSOR(s): REPRESENTATIVE(s) MCKAY
03/31/23 (H) READ THE FIRST TIME - REFERRALS
03/31/23 (H) STA, JUD
01/25/24 (H) STA AT 3:00 PM GRUENBERG 120
01/25/24 (H) -- MEETING CANCELED --
02/01/24 (H) STA AT 3:00 PM GRUENBERG 120
02/01/24 (H) Heard & Held
02/01/24 (H) MINUTE(STA)
03/07/24 (H) STA AT 3:00 PM GRUENBERG 120
03/07/24 (H) Moved CSHJR 13(STA) Out of Committee
03/07/24 (H) MINUTE(STA)
03/11/24 (H) STA RPT CS(STA) 4DP 1DNP 1NR 1AM
03/11/24 (H) DP: WRIGHT, CARPENTER, ALLARD, SHAW
03/11/24 (H) DNP: CARRICK
03/11/24 (H) NR: C.JOHNSON
03/11/24 (H) AM: STORY
03/18/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 278
SHORT TITLE: ADMIN. REGULATION REVIEW DIVISION
SPONSOR(s): WAYS & MEANS
01/18/24 (H) READ THE FIRST TIME - REFERRALS
01/18/24 (H) JUD, STA, FIN
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/18/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 254
SHORT TITLE: PROHIBIT PORNOGRAPHY TO MINORS
SPONSOR(s): VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) L&C, JUD
01/31/24 (H) L&C AT 3:15 PM BARNES 124
01/31/24 (H) Heard & Held
01/31/24 (H) MINUTE(L&C)
03/06/24 (H) L&C AT 3:15 PM BARNES 124
03/06/24 (H) Heard & Held
03/06/24 (H) MINUTE(L&C)
03/11/24 (H) L&C AT 3:15 PM BARNES 124
03/11/24 (H) Moved HB 254 Out of Committee
03/11/24 (H) MINUTE(L&C)
03/13/24 (H) L&C RPT 1DP 1DNP 3NR 1AM
03/13/24 (H) DP: SADDLER
03/13/24 (H) DNP: CARRICK
03/13/24 (H) NR: PRAX, WRIGHT, RUFFRIDGE
03/13/24 (H) AM: FIELDS
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/15/24 (H) Heard & Held
03/15/24 (H) MINUTE(JUD)
03/18/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE TOM MCKAY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSHJR 13(STA), as the prime
sponsor.
AZABEL ORDAZ, Staff
Representative Tom McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a PowerPoint, entitled "HJR 13
Federal Term Limits," on behalf of Representative McKay, prime
sponsor.
CONSTANTIN QUERARD, Regional Director
US Term Limits
No address provided
POSITION STATEMENT: Gave invited testimony during the hearing
on CSHJR 13(STA).
FRITZ PETTYJOHN, representing self
Kauai, Hawaii
POSITION STATEMENT: Gave invited testimony during the hearing
on CSHJR 13(STA).
TREVOR JEPSEN, Staff
Representative Tom McKay
Alaska State Legislature
POSITION STATEMENT: Answered questions during the hearing on
CSHJR 13(STA), on behalf of Representative McKay, prime sponsor.
ED MARTIN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified during the hearing on 278.
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 1 to HB 254, on behalf
of Representative Vance, prime sponsor.
ACTION NARRATIVE
4:46:39 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 4:46 p.m. Representatives Carpenter, C.
Johnson, Allard, and Vance were present at the call to order.
Representatives Gray and Groh arrived as the meeting was in
progress.
HJR 13-CALL FED. CONSTITUTIONAL CONV:TERM LIMITS
4:47:29 PM
CHAIR VANCE announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 13, Requesting the United States
Congress to call a convention of the states to propose an
amendment to the Constitution of the United States to set a
limit on the number of terms that a person may be elected as a
member of the United States House of Representatives and as a
member of the United States Senate; and urging the legislatures
of the other 49 states to request the United States Congress to
call a convention of the states. [Before the committee was
CSHJR 13(STA).]
4:47:42 PM
REPRESENTATIVE TOM MCKAY, Alaska State Legislature, prime
sponsor, presented CSHJR 13(STA). He shared the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
Americans continue to raise concerns about a
disconnection by Washington D.C politicians who have
become less responsive to the evolving needs and concerns
of their constituents. By polling data, 84% of Alaskans
support having term limits for members of congress. The
power of incumbency is clear with members of congress
raising an average of 5 times as much money as their
challengers and winning re-election 94% of the time.
Enacting term limits is a highly popular policy and is
essential to encourage fresh perspectives in government,
address the developing challenges of our country, and
curb the ever-growing power of congress.
HJR 13 utilizes article V of the United States
constitution and calls for a convention of the states to
amend the constitution by setting term limits on members
of Congress in both the United States House of
Representatives and the United States Senate. This
resolution also calls for legislatures of the other 49
states to join in calling Congress for a convention of
the states.
I urge my fellow colleagues of the 33rd legislature to
support this legislation and help enact term limits on
members of Congress.
4:49:16 PM
AZABEL ORDAZ, Staff, Representative Tom McKay, Alaska State
Legislature, on behalf Representative McKay, prime sponsor of
CSHJR 13(STA), presented a PowerPoint, entitled "HJR 13 Federal
Term Limits" [hard copy included in the committee packet]. She
began on slide 2, "HJR 13 Federal Term Limits," which read as
follows [original punctuation provided]:
• Calls for a convention of the states to set term
limits for members of Congress in both the House
of Representatives and the U.S Senate
• 2/3 of states would need to pass a resolution for
a convention on federal term limits to occur
• The convention would propose and would be held
solely for an amendment on federal term limits
• 3/4 of states would need to ratify the amendment
to become part of the U.S. Constitution
4:50:53 PM
MS. ORDAZ continued to slide 3, "Why do we need term limits?"
Slide 3 read as follows [original punctuation provided]:
• Incumbents in Congress raise an average of 5
times more money as their challengers and win
approx. 95% of the time
• Politicians can focus on making the most of their
time in office rather than constantly campaigning
for re-election
• Encourages fresh perspectives in government
• Reduces incumbent advantage by making it easier
for newcomers to challenge them
4:52:13 PM
MS. ORDAZ proceeded to slide 4, "Term Limits on the Federal
Level," which read as follows [original punctuation provided]:
• Up until the 31stpresident, previous presidents
had voluntarily stepped down after serving two
terms
• On March 21, 1947, Congress proposed a resolution
calling for a set limit of two terms and sent it
to the states for ratification
• The 22ndamendment was ratified on February 27th,
1951, when Minnesota became the 36thstate
(3/4ths)to approve the proposed constitutional
amendment
• A president may not be elected for more than two
terms
4:53:17 PM
MS. ORDAZ continued to slide 5, titled "Active Calls in Alaska,"
which read as follows [original punctuation provided]:
• HJR 17 passed in 1982
• HJR 22 passed in 2014
• CSHJR 14(STA) passed in 2016
4:54:52 PM
MS. ORDAZ concluded on slide 6, which featured data from a
survey of 514 likely Alaskan voters on U.S. term limits. She
reported that 60 percent strongly approved of federal term
limits, while 30 percent strongly disapproved. In closing, Ms.
Ordaz stated that term limits would encourage an influx of fresh
talent and ideas reflecting the diverse and changing
demographics of the American populous. It would help maintain a
government that is more aligned with the needs and wishes of its
citizens, she said. She emphasized that the change was not just
about preventing over-consolidation of power, but about
preserving the vibrancy and effectiveness of the democratic
system.
CHAIR VANCE opened invited testimony.
4:56:51 PM
CONSTANTIN QUERARD, Regional Director, US Term Limits, gave
invited testimony during the hearing on CSHJR 13(STA). He
asserted that federal term limits are supported by a diverse
demographic, cutting across race, age, gender, education level,
and partisan background. He explained that that amending the
U.S. Constitution is the only way to institute congressional
term limits. Furthermore, he assured the committee that if
states were to insist, congress would act without calling a
constitutional convention.
5:00:55 PM
FRITZ PETTYJOHN, former member of the Alaska State Legislature,
gave invited testimony during the hearing on CSHJR 13(STA). He
said state legislatures are effectively acting pursuant to their
constitutional duty under Article 5 of the U.S. Constitution, as
a check on congress. He shared his belief that there had never
been a convention, nor would there ever be one because congress
does not want to share its power to propose amendments with the
states. He argued that congress as an institution requires
reform, which speaks to the need for the proposed resolution.
He added that [federal term limits] is one of the few subjects
with full bipartisan support.
5:06:08 PM
CHAIR VANCE sought questions from committee members.
5:06:14 PM
REPRESENTATIVE GRAY questioned how to navigate the proposed
resolution as not being an "anti-Don Young resolution."
5:07:42 PM
TREVOR JEPSEN, Staff, Representative Tom McKay, on behalf of
Representative McKay, prime sponsor, shared his understanding
that there would be some type of "grandfathering in" for term
limits. He clarified that CSHJR 13(STA) had nothing to do with
being anti-Don Young.
5:08:04 PM
REPRESENTATIVE GRAY noted that the language referring to Kevin
McCarthy on page 2, line 23 of the resolution would need to be
amended, as he is no longer speaker of the U.S. House of
Representatives.
MR. JEPSEN agreed.
5:08:31 PM
CHAIR VANCE announced that CSHJR13 13(STA) would be held over.
5:09:07 PM
The committee took a brief at-ease.
HB 278-ADMIN. REGULATION REVIEW DIVISION
5:10:49 PM
CHAIR VANCE announced that the next order of business would be
HOUSE BILL NO. 278, "An Act establishing the administrative
regulation review division."
CHAIR VANCE opened public testimony on HB 278.
5:11:15 PM
ED MARTIN, representing self, testified during the hearing on HB
278. He recalled when former speaker of the House, Mike
Chenault, did away with the [Administrative Regulation Review
committee] for lack of funding, and expressed concern that the
new division would be a recreation of the former committee. He
sought further clarity on the division's membership and the
associated costs.
CHAIR VANCE closed public testimony on HB 278.
5:14:33 PM
REPRESENTATIVE CARPENTER, prime sponsor, provided closing
remarks on HB 278. He said his intent was to provide staff to
the legislature for the purpose of regulatory review. The full-
time staff would be subject matter experts in regulatory
analysis and reform and provide recommendations to the
legislators who sit on the committee. The new division would
provide continuity from one election cycle to the next and
abstain from the purview of politics. He concluded that HB 278
was an attempt to reinstate the legislature's oversight of
regulations and do so in a manner that provides consistency from
year to year.
5:16:59 PM
REPRESENTATIVE ALLARD moved to report HB 278 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 278 was reported from the
House Judiciary Standing Committee. She gave Legislative Legal
Services permission to make technical and conforming changes as
necessary.
5:17:32 PM
The committee took an at-ease from 5:17 p.m. to 5:19 p.m.
HB 254-PROHIBIT PORNOGRAPHY TO MINORS
5:19:33 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 254, "An Act relating to liability for publishing
or distributing pornography to minors on the Internet."
5:20:02 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 1 to HB 254,
labeled 33-LS0990\S.1, Klein/Walsh, 3/14/24, which read:
Page 2, following line 7:
Insert new subsections to read:
"(c) The attorney general may investigate an
alleged violation of (a) or (b) of this section and
may bring a civil action in superior court.
(d) In addition to damages under (a) or (b) of
this section, a commercial entity that knowingly
violates (a) or (b) of this section is liable to the
state in a civil action for
(1) a civil penalty of $10,000 for each day
that the commercial entity is in violation of (a) or
(b) of this section;
(2) an additional civil penalty of not more
than $250,000 if, as a result of the commercial
entity's violation of (a) of this section, a minor
accesses pornography that the entity published or
distributed; and
(3) full reasonable attorney fees and
costs.
(e) When determining the amount of a civil
penalty under (d)(2) of this section, the superior
court shall consider
(1) the seriousness of the violation,
including the nature, circumstances, extent, and
gravity of the violation;
(2) the commercial entity's history of
prior violations;
(3) the deterrent effect of the civil
penalty;
(4) the economic effect of the civil
penalty on the commercial entity;
(5) the commercial entity's knowledge of
the requirements of this section; and
(6) any other information that justice
requires."
Reletter the following subsections accordingly.
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
5:20:16 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska State
Legislature, on behalf of Representative Vance, prime sponsor,
explained that Amendment 1 would allow the attorney general to
investigate an alleged violation and seek civil action in
superior court if a reasonable age verification method was not
provided.
5:22:13 PM
REPRESENTATIVE GRAY asked whether there was a fiscal note
associated with the proposed amendment.
MR. BALLINGER answered no, as the attorney general would not be
obligated to act as enforcement. Conversely, he suggested that
revenue could be generated by the attorney general bringing
civil action against a noncompliant entity.
REPRESENTATIVE GRAY asked how the law would be enforced for
international websites.
MR. BALLINGER said it would depend on the entity and whether
that entity has assets in the United States. He pointed out
that Pornhub amounts to a huge portion of the online
pornographic content; consequently, if Pornhub complies with
this law, it should limit kids' access [to adult content].
REPRESENTATIVE GRAY sought to confirm that if Pornhub complies,
international websites with less regulation would still be
accessible to minors.
MR. BALLINGER said regulation would be the same [for all
websites]. He expressed his hope that if the largest
[pornographic websites] comply, it would make a big enough
impact to help some children.
5:26:42 PM
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Amendment 1 was adopted.
CHAIR VANCE sought closing remarks from committee members.
5:27:07 PM
REPRESENTATIVE GRAY reported that online searches for virtual
private networks (VPN) increased by more than 1,750 percent in
Texas as a result of Pornhub's restricted access in the state.
He shared his belief that it would be easy to get around the
proposed legislation and that it could result in harmful,
unintended consequences, such as children accessing worse
pornography.
5:28:54 PM
REPRESENTATIVE ALLARD said she respected Representative Gray's
comments; however, she expressed concern that failure to pass
the legislation would imply that it does not matter.
5:29:30 PM
REPRESENTATIVE ALLARD moved to report HB 254, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE GRAY objected.
5:29:54 PM
A roll call vote was taken. Representatives Carpenter, C.
Johnson, Groh, Allard, and Vance voted in favor of reporting HB
254, as amended, from committee. Representative Gray voted
against it. Therefore, CSHB 254(JUD) was reported out of the
House Judiciary Standing Committee by a vote of 5-1.
5:30:34 PM
CHAIR VANCE issued closing remarks on the committee's upcoming
agenda items.
5:31:01 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 5:31 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHJR 13 - Sponsor Statement.pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR 13 - v.B.pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR 13 - Explanation of Changes from v.A to v.B.pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR 13 - Fiscal Note (03-11-24).pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR13 - Term Limits Presentation.pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR 13 - Alaska Executive Summary Poll 1.24.pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 |
| CSHJR 13 - CSHJR 14(STA) Back-Up Doc..pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 HJR 14 |
| CSHJR 13 - HJR 22 2014 Back-Up Doc..pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 HJR 22 |
| CSHJR 13 - HJR 17 1982 Back-Up Doc..pdf |
HJUD 3/18/2024 1:00:00 PM |
HJR 13 HJR 17 |
| HB 278 - Amendment #1 (B.1) by Rep. Carpenter.pdf |
HJUD 3/18/2024 1:00:00 PM |
HB 278 |
| HB 254 - Amendment #1 (S.1) by Rep. Vance.pdf |
HJUD 3/18/2024 1:00:00 PM |
HB 254 |
| Term Limits Presentation.pdf |
HJUD 3/18/2024 1:00:00 PM |