Legislature(2013 - 2014)BUTROVICH 205
03/11/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB175 | |
| SJR24 | |
| SJR19 | |
| SJR18 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 175 | TELECONFERENCED | |
| *+ | SJR 24 | TELECONFERENCED | |
| += | SJR 18 | TELECONFERENCED | |
| *+ | SJR 19 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 11, 2014
9:02 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Police Standards Council
Bernice Troglia
Alaska State Personnel Board
Josie Hickel
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 175
"An Act designating the official state bolt-action rifle."
- MOVED CSSB 175(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 24
Relating to certain holiday practices at federal Veterans Health
Administration facilities.
- MOVED CSSJR 24(STA) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 19
Supporting the American Indian Veterans Memorial Initiative to
construct an Alaska Native, American Indian, and Native Hawaiian
veterans' monument in our nation's capital.
- MOVED SJR 19 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 18
Requesting the United States Congress to call a convention of
the states to propose amendments to the Constitution of the
United States that impose fiscal restraints on the federal
government, limit the power and jurisdiction of the federal
government, and limit the terms of office of federal government
officials; and urging the legislatures of the other 49 states to
request the United States Congress to call a convention of the
states.
- MOVED SJR 18 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 175
SHORT TITLE: OFFICIAL STATE FIREARM
SPONSOR(s): SENATOR(s) HUGGINS
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 24
SHORT TITLE: VETERANS HEALTH ADMINISTRATION POLICIES
SPONSOR(s): SENATOR(s) HUGGINS
02/14/14 (S) READ THE FIRST TIME - REFERRALS
02/14/14 (S) STA
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 18
SHORT TITLE: FEDERAL CONSTITUTIONAL CONVENTION
SPONSOR(s): SENATOR(s) DYSON
02/05/14 (S) READ THE FIRST TIME - REFERRALS
02/05/14 (S) STA
02/27/14 (S) STA AT 9:00 AM BUTROVICH 205
02/27/14 (S) Heard & Held
02/27/14 (S) MINUTE(STA)
03/06/14 (S) STA AT 9:00 AM BUTROVICH 205
03/06/14 (S) Heard & Held
03/06/14 (S) MINUTE(STA)
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 19
SHORT TITLE: NATIVE AMERICAN VETERANS' MONUMENT
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/05/14 (S) READ THE FIRST TIME - REFERRALS
02/05/14 (S) STA
03/11/14 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
BERNICE TROGLIO, Council Member-Designee
Alaska Police Standards Council
Alaska Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding her
appointment to the Alaska Police Standards Council.
JOHANNA L. HICKEL, Board Member-Designee
Alaska State Personnel Board
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Addressed questions regarding her
appointment to the Alaska Workforce Investment Board.
ERIC HOLLEN, Staff
Senator Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 175.
MIKE COONS, representing himself
Palmer, Alaska
POSITION STATEMENT: Supports SB 175.
ERIC HOLLEN, Staff
Senator Huggins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SJR 24.
KALYSSA MAILE, Staff
Senator Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SJR 19.
TYLER BELK, Staff
Senator Dyson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SJR 18.
MICHAEL FARRIS, Project Head
Convention of States Project
Austin, Texas
POSITION STATEMENT: Supports SJR 18.
JENNIE GRIMWOOD, President
Eagle Forum-Alaska
Cordova, Alaska
POSITION STATEMENT: Opposes SJR 18.
DAVID EICHLER, representing himself
North Pole, Alaska
POSITION STATEMENT: Announced being available for questions.
CHARLES KACPROWICZ, National Director
Citizen Initiatives
Pine, North Carolina
POSITION STATEMENT: Opposes SJR 18.
MIKE COONS, Alaska Director
Citizen Initiatives
Palmer, AK
POSITION STATEMENT: Supports SJR 18 with amendments.
ACTION NARRATIVE
9:02:26 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Giessel, Coghill, Wielechowski, and Chair
Dyson.
9:02:51 AM
CHAIR DYSON reviewed the committee meeting's agenda.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
Alaska Police Standards Council
Alaska State Personnel Board
9:03:35 AM
CHAIR DYSON announced that the committee will start with the
confirmations in accordance with AS 39.05.080.
9:04:25 AM
BERNICE TROGLIO, Council Member-Designee, Alaska Police
Standards Council, Alaska Department of Public Safety,
Anchorage, Alaska, said she desires to remain on the Alaska
Police Standards Council (APSC). She explained her background as
a counselor and probation officer, specifically with the sex
offender population. She addressed the Department of
Corrections' Code of Conduct and noted that her behavior has
never been questioned since being hired in 1999. She stated that
it is every law enforcement officer's fundamental duty to adhere
to the highest degree of ethical behavior and APSC ensure that.
She said APSC's mission is to produce and maintain professionals
capable of meeting law enforcement standards of performance. She
set forth that she would be most humbled to continue to serve on
APSC, a council that consistently produces the state's finest
law enforcement officers.
9:08:07 AM
CHAIR DYSON asked if Ms. Troglio lived in Anchorage.
MS. TROGLIO answered yes.
CHAIR DYSON remarked that what APSC does is inordinately
important. He noted that he used to boast that Alaska had
virtually no pattern of "dirty" cops, unnecessary violence, and
unethical behavior; he said he is no longer able to say that.
He asked Ms. Troglio to explain the case pattern that she has
seen come before APSC.
MS. TROGLIO replied that the cases that have involved serious
unethical behavior. She explained that there has been no
pattern, but the cases have been serious and warrant APSC's
attention for review.
CHAIR DYSON added that APSC can remove law enforcement
certification even though there are no criminal charges. He
asserted that there is a deep pattern in American culture of
"Whatever you do, you don't rat out your buddies." He set forth
that the code of silence is probably stronger amongst males than
females. He noted a case in Anchorage where he found it
difficult to believe that fellow officers did not know what was
going on and somebody should have said something over the years.
9:11:06 AM
MS. TROGLIO recalled the case that Chair Dyson made reference
to. She said every law enforcement officer takes a serious oath
and their actions should make a community feel safe. She stated
that it is sad when an officer steps out of bounds. She set
forth that cases that come before APSC are taken very seriously
because APSC is dealing with an individual's livelihood.
CHAIR DYSON noted the challenges of dealing with sex offenders
and welcomed a future conversation to address rehabilitation. He
thanked Ms. Troglio for what she has done professionally and
with APSC.
9:14:53 AM
JOHANNA L. HICKEL, Board Member-Designee, Alaska State Personnel
Board, Personnel and Labor Relations, Department of
Administration Anchorage, Alaska, revealed that she has 24 years
of experience in human resources and noted her educational and
certification background. She said she is currently the Vice
President of Human Resources and Administration for the Pebble
Partnership. She specified that she is considered as a human
resource "generalist," a term that means she has worked in all
areas of human resources. She noted her background as a
volunteer, a practice that she believes is very important as a
citizen and professional. She set forth that it would be an
honor to serve and provide her talents to AWIB.
9:18:02 AM
SENATOR COGHILL thanked Ms. Hickel and Ms. Troglio for their
willingness to volunteer.
CHAIR DYSON asked Ms. Hickel what legislators could do that
would be helpful for AWIB.
MS. HICKEL replied that AWIB needs more input from employers and
have a better process for making sure information is provided to
the legislators to make effective decisions.
CHAIR DYSON said he was impressed with Ms. Troglio's and Ms.
Hickel's experience and training.
9:21:29 AM
CHAIR DYSON read the following statement:
In accordance with Article 3, Section 25 of the Alaska
Constitution, AS 39.05.080, the State Affairs
Committee reviewed the following and recommends
appointments be forwarded to the Joint Session for
consideration: Personnel Board, Josie Hickel; Alaska
Police Standards Council, Bernice Troglio. This does
not reflect the intent of any of the members to vote
for or against the confirmation of the individual
during further sessions.
9:21:58 AM
CHAIR DYSON asked if the committee had a problem with forwarding
the aforementioned names. [No objection was noted.]
SB 175-OFFICIAL STATE FIREARM
9:22:17 AM
CHAIR DYSON announced the consideration of SB 175.
9:22:47 AM
ERIC HOLLEN, Staff, Senator Huggins, Alaska State Legislature,
Juneau, Alaska, requested that the Legislature consider SB 175
and read a sponsor statement as follows:
SB 175 is an act designating the official state Bolt
Action Rifle to be the Winchester Pre-1964 Model 70
and its 17 designated calibers. The Pre-1964 Model 70
was considered the rifleman's rifle by Jack O'Connor,
famous outdoorsmen, author, and writer for Outdoor
Life Magazine. One interesting note, a few of the
calibers for the Pre-64 was the .338 Winchester Magnum
and the .357 H&H Magnum which were called the
"Alaskan." Due to the variations and calibers from the
.22 Hornet to .458 Winchester Magnum, the Winchester
Pre-64 Model 70 is very popular with outdoorsmen here
in Alaska.
CHAIR DYSON noted that Winchester ownership changed in 1964 and
that was the reason the date was important. He explained that
there was the perception that Winchester's quality may have
deteriorated under subsequent owners. He asked when production
started on the Winchester Model 70.
9:24:21 AM
MR. HOLLEN replied that Winchester started production in the
1930s.
SENATOR WIELECHOWSKI specified that production started in 1936.
CHAIR DYSON asked if the .300 Winchester Magnum was listed on
the calibers that were available before 1964.
MR. HOLLEN explained that the .300 may have fallen under the
"wildcat" cartridge category.
CHAIR DYSON asked for Mr. Hollen to verify that the .300
Winchester Magnum is on the list of Pre-64 calibers and the bill
can be amended in the House.
SENATOR WIELECHOWSKI noted that there is a .300 Winchester
Magnum.
9:26:05 AM
CHAIR DYSON offered a conceptual amendment that the .300
Winchester Magnum be included to the list. He specified that on
line 15, just after "300 H&H Magnum." He asked if there was
objection to the amendment. [No objection noted.]
SENATOR COGHILL asked if there would be any special labeling or
special commemoration if the Winchester Model 70 was designated
as the state's bolt action rifle.
MR. HOLLEN replied that the language in the bill is just that
the Winchester Model 70 is recognized as the state's bolt action
rifle.
SENATOR COGHILL asked to clarify that the Winchester Model 70
will go on the list of state recognized things like the state
flower.
MR. HOLLEN answered yes.
SENATOR COGHILL asked if the Winchester Model 70 be posted as
pre-1964.
MR. HOLLEN answered yes.
CHAIR DYSON noted that Mr. Hollen is a very competitive shooter
and is involved in national and international competition.
MR. HOLLEN replied that he was able to represent his country in
London for the 2012 Paralympics. He specified that he shot on
the U.S. Team as an international pistol competitor for 10
years.
CHAIR DYSON thanked Mr. Hollen for his service.
9:29:08 AM
MIKE COONS, representing himself, Palmer, Alaska, said he
supports SB 175. He stated that the Pre-64 Winchester Model 70,
.30-06 should have been noted in SB 175 as the most versatile
model and caliber that has ever been made.
SENATOR GIESSEL moved to report SB 175, labeled 28-LS1357\N, as
amended from committee with individual recommendations and
attached fiscal zero note.
9:30:45 AM
CHAIR DYSON announced that without objection, [CSSB 175(STA)
moved out of the Senate State Affairs Standing Committee.]
9:30:50 AM
CHAIR DYSON declared that the committee will stand at ease.
SJR 24-VETERANS HEALTH ADMINISTRATION POLICIES
9:32:06 AM
CHAIR DYSON announced the consideration of SJR 24.
9:32:28 AM
ERIC HOLLEN, Staff, Senator Huggins, Alaska State Legislature,
Juneau, Alaska, presented an overview of SJR 24 as follows:
I am here today to request legislators to consider SJR
24, requesting Veterans Affairs to change their
policies with regard to First Amendment rights and
freedom of religion specifically. SJR 24 basically
came to my attention mid-December of 2013. There was
an issue regarding veterans not receiving Christmas
cards based on language on the front of the cards,
specifically "Merry Christmas" or "God bless you;" the
cards that have this language were not delivered to
the veterans. Dozens of students who attend Grace
Academy in Prosper, Texas didn't get a chance to
deliver their cards that they had made by hand for the
local veterans hospital in Dallas. The cards were the
idea of Susan Chapman, the math teacher at Grace
Academy; she is married to a veteran and volunteers
with the American Legion and other veterans'
organizations. Specifically with regard to Miss
Chapman's issue, a Veteran Administration's (VA)
employee told her that her students' cards would not
be accepted based on the language's religious tone,
proclaiming "Merry Christmas" or the cards that said
"God Bless You."
MR. HOLLEN continued to point out VA hospital events that
ignored the First Amendment and did not allow Christmas caroling
and gifts. He summarized that he is requesting the following:
That the Alaska State Legislature respectively request
the United State Secretary of Veterans Affairs to
reconsider the policies that are currently in place
that violate the rights of veterans at VA hospitals
nationally to ensure our honored veterans receive
timely holiday gifts and cards.
CHAIR DYSON noted his frustration with the Veterans
Administration's policy towards Christmas cards and gifts. He
asked Mr. Hollen if he had found any copies of the VA's policy.
9:35:54 AM
MR. HOLLEN answered yes. He explained that the VA's policy
language can be interpreted on a case by case basis. He noted
that handling on a case by case basis led to only four
opportunities where Christmas cards and gifts were mishandled.
He pointed out that the aforementioned incidents had not
occurred in Alaska. He explained that the VA's policy is
interpreted by the person in charge. He noted that the backlash
was significant and the previously mentioned incidents will not
be a major issue again due to the backlash across the United
States. He asserted that people were not very happy that
veterans did not get their cards, especially after fighting for
their country.
SENATOR COGHILL stated that he could understand where the VA may
have problems if they were required to send out Christmas cards,
but to forbid other people from getting Christmas cards flies in
the face of the Constitution. He added that regardless of
whether an individual is a Christian or not, to send a card to a
veteran and have it censored by the VA is unconscionable. He
asked if the request from the Legislature to hear back from the
United State Secretary of Veterans Affairs will have to specify
the means in which the VA replies.
9:38:32 AM
MR. HOLLEN answered no.
SENATOR COGHILL recommended that language in SJR 24 specifies to
either the "presiding officer" or to "each seated legislator."
SENATOR DYSON announced that the Chair is open to a conceptual
amendment. He suspected that if the reply went to the presiding
officer that they would distribute it.
SENATOR COGHILL noted being under some presiding officers that
did not distribute information. He suggested "Each seated Alaska
State Legislator" be inserted.
SENATOR GIESSEL suggested that "Provide each member of the
Alaska State Legislature with."
SENATOR GIESSEL announced that she so moved the conceptual
amendment to include "Provide each member of the Alaska State
Legislature with."
SENATOR COGHILL objected to review where the conceptual
amendment goes in SJR 24.
SENATOR GIESSEL explained that line 23, "Secretary of Veterans
Affairs 'provide each member of the Alaska State Legislature
with' copies."
SENATOR COGHILL agreed with Senator Giessel's suggested
amendment.
CHAIR DYSON asked if there was objection to the conceptual
amendment. He announced that seeing no objection, the conceptual
amendment is accepted.
SENATOR GIESSEL moved to report SJR 24, labeled 28-LS1412\A as
amended with zero fiscal note and attached individual
recommendations.
9:40:11 AM
CHAIR DYSON asked if there was an objection. He announced that
seeing no objection, CSSJR 24(STA) passes out of the Senate
State Affairs Standing Committee.
9:40:17 AM
CHAIR DYSON declared that the committee will stand at ease.
SJR 19-NATIVE AMERICAN VETERANS' MONUMENT
9:41:18 AM
CHAIR DYSON called the committee back to order and announced the
consideration of SJR 19.
9:41:26 AM
KALYSSA MAILE, Staff, Senator Wielechowski, Alaska State
Legislature, Juneau, Alaska, said SJR 19 supports the American
Indian Veterans' Memorial Initiative (AIVMI) and provided an
overview as follows:
AIVMI is an effort to secure formal recognition for
the generations of Alaska Native and Native American
military veterans on the National Mall in Washington,
D.C. In 1994, Congress first passed the Native
American Veterans' Memorial Establishment Act,
allowing for the memorial to be built in our nation's
capital. Since that time, support for the monument has
been growing, prominent native and veterans groups
have passed resolutions in support and in December of
2013, Congress unanimously passed HR 2135, reaffirming
their support of this. It should be acknowledged that
the Three Servicemen's Statue on the Vietnam Memorial
goes a long way to honor the diversity of American
Veterans, yet none of the three servicemen is
representative of Native American people, and having
served in every military conflict since the
Revolutionary War, American Indians have established a
long and distinguished legacy of military service. SJR
19 affirms the Alaska State Legislature's support of
Alaska native and Native American veterans and
recognizes their great sacrifices for our country.
SENATOR WIELECHOWSKI noted that there are resolutions in support
of AIVMI from the Vietnam Veterans of America, National Congress
of American Indians, and Alaska Federation of Natives.
SENATOR COGHILL asked if AIVMI's monument placement has been
selected from a congressional act.
9:43:16 AM
SENATOR WIELECHOWSKI answered no. He explained that the Native
Americans have been trying to place a memorial on the Mall for
decades.
MS. MAILE specified that there are two locations that have been
considered: one is on the Vietnam Veterans' Memorial site and
the other is outside of the National Museum of the American
Indian. She stated that two sites previously noted are
acceptable to AIVMI, which is spearheaded by the Seminole Tribe
out of Florida. She pointed out that SJR 19 simply supports the
Memorial Initiative idea and supports Alaska's native veterans.
She added that AIVMI is not funded by Congress.
SENATOR COGHILL asked if there is a need for relinquishment of
land and would Congress have to act. He inquired if the Alaska
Legislature needs to push for the land relinquishment from the
District of Columbia.
MS. MAILE answered that Congress addressed the land
relinquishment in 1994 and 2013.
SENATOR WIELECHOWSKI remarked that Congress just needs to do it
and SJR 19 pushes for the project to commence. He said the
initiative is a nationwide effort to get the memorial
constructed. He noted that he has spoken with representatives
from AIVMI at a recent national conference that requested Alaska
to pass a resolution.
SENATOR COGHILL summarized that SJR 19 will add Alaska's "Voice
to the chorus." He said according to SJR 19, Alaska has 5,500
natives that have served and the Legislature has to speak for
them in many ways.
9:45:14 AM
CHAIR DYSON remarked that Alaska's aboriginal people have
volunteered and served in the highest percentage of anybody in
North America. He set forth that the patriotism exhibited by
Alaska Natives impresses him and he hopes that legislators will
work hard to get a suitable recognition of a monument in Alaska.
SENATOR GIESSEL noted that SJR 19 does not robustly call out
Alaska's native veterans. She stated that it would be nice to
have a line in SJR 19 that calls out the Alaska Territorial
Guard. She noted having the honor to hear a Navajo Code Talker
speak at a recent conference.
CHAIR DYSON mentioned his passion for history and noted that the
Japanese in World War II were absolutely befuddled by the Navajo
Code Talkers.
SENATOR GIESSEL moved to report SJR 19, labeled 28-LS1245\N with
zero fiscal note and attached individual recommendations.
9:47:34 AM
CHAIR DYSON announced that seeing no objection, SJR 19 passes
out of the Senate State Affairs Standing Committee.
9:47:41 AM
CHAIR DYSON declared that the committee will stand at ease.
SJR 18-FEDERAL CONSTITUTIONAL CONVENTION
9:48:40 AM
CHAIR DYSON announced the consideration of SJR 18.
9:49:39 AM
TYLER BELK, Staff, Senator Dyson, Alaska State Legislature,
Juneau, Alaska, stated that Michael Farris will testify before
the committee. He noted that Mr. Farris is the Project Head for
the Convention of States (COS) Project.
9:50:22 AM
MICHAEL FARRIS, Project Head, Convention of States (COS)
Project, Austin, Texas, explained his background as follows:
I am a constitutional attorney. I have argued in the
U.S. Supreme Court and the appellate courts of 13
states, including an Article V case that I litigated
back in late 1970s that spilled over into the early
1980s concerning Equal Rights Amendment and the
extension of time that Congress gave to that
amendment.
MR. FARRIS explained his COS involvement as follows:
I began being involved in this project because I am
convinced that Washington, D.C. is broken and will
never restrain its own power, the debt is the "tip of
the iceberg." Federal spending, federal regulation,
the federal mandates that come against the states I
believe violate the principals of self-government
where the state legislators are ordered to the bidding
of Congress other than the bidding of their
constituents when federal money is dangled out in
front of you in a coercive fashion. Presidents of all
parties are legislating through executive orders and
through regulatory actions that are not passed in the
appropriate fashion under the Constitution. I think
that the low ranking of the opinion polls of Congress
being in single digits these days is a general
assessment of the American public that Washington,
D.C. is broken and something needs to be done. The
Founders gave us that something in Article V. George
Mason insisted that there would be a day where the
federal government would overstep its bounds and when
that happened, there needed to be a way for the states
to unilaterally purpose amendments that the states
would then ratify to curtail the power of the federal
government and that is what this resolution does.
There are other Article V ideas out there that are
good ideas, I don't think they go far enough. The
balance budget amendment is a good idea, but that
controls simply the debt-mechanism, it does not
control spending, it does not control many of the
other things that I have just addressed. If we think
that freedom is going to survive without stopping the
structural problems in Washington D.C., I think we are
guessing and hoping for our future in a way that is
not justified. I think we really need to ensure that
we preserve the freedom of this country by taking
decisive action for the states to effectively take
away the misuse of power for the federal government
and return it to the people and to the states.
9:53:17 AM
MR. FARRIS addressed arguments against the COS as follows:
Most of the arguments that I have seen raised against
COS concern the possibility that there would be a
convention that would disobey the call and go on to
consider other matters. There are so many check and
balances into the system that make that, frankly,
impossible if we have any kind of semblance of
political reality in our assessments; because, at the
end of the day, 38 state legislatures have to ratify
anything that comes out of a convention.
There are three steps of the process, 34 states by
simple majority in both houses of the states have to
file an application on the same topic. Then at the
convention itself, it is one-state-one-vote. The
legislators appoint the delegates to the convention
and 26 states would have to approve the precise
language on any of the topics that are germane under
the applications that the states have written. Then
the language of the proposed amendments that come out,
if 6 amendments come out, just like the Bill of Rights
were sent out as a package of 12 and only 10 were
ratified by 1791, the states could pick 1-6 of the
amendments to ratify, but 38 state legislatures, by a
simple majority vote in both houses, would then have
to ratify any of the amendments that come forward. So,
a lot of checks and balances, a lot of safety in here,
but we've got to get started. Georgia was the first
state to approve this resolution, last week we've had
the Alabama House approve it, and we are moving in a
handful of other states, we expect a good number of
states next legislative session. My guess is that four
or five states, and hopefully one of those will be
Alaska, will approve it in this legislative session.
We are hoping that that this will be done in two or
three legislative terms. `
9:55:20 AM
CHAIR DYSON noted that Mr. Farris mentioned that some number of
states have to make application. He asked if SJR 18 is an
application.
MR. FARRIS answered yes. He stated that SJR 18 is the correct
legislative-vehicle to make the application.
CHAIR DYSON recalled that over 20 years ago, Alaska's
legislature did pass something calling for an Article V
Convention. He asked what the time limit was for the state's
applications.
MR. FARRIS answered that there is not a time limit. He noted
that one of the Bill of Rights proposed in 1789 was actually
ratified in the 1990s. He pointed out that an application is
good in perpetuity unless a legislature puts a time limit or
rescinds their application. He explained that there have been
over 400 applications in the history of the republic from 49
states. There has never been a COS because there have never been
two thirds of the states agreeing on a subject matter. He
asserted that either COS will be done in the next few years or
it is not going to happen.
9:57:07 AM
SENATOR WIELECHOWSKI stated that he could live with SJR 18 if
limitations were not set on the resolution and a broad COS was
called. He remarked that he did not believe 38 states are going
to agree. He asserted that COS should not be limited. He asked
that a resolution be passed that said "Requesting the United
States Congress to call a Convention of States for the purposes
of making changes to the Constitution." He asserted that a
broader resolution would get more states onboard.
MR. FARRIS replied that Senator Wielechowski's suggestion is
theoretically possible, but 34 states would have to purpose a
general amending convention. He explained that there are three
ways COS can be purposed as follows:
1. General Convention.
2. Topical Convention: the same as what the
Convention of States Project is proposing.
3. Amendment Convention: focuses on a particular
amendment like a balanced budget.
He asserted that there is not the political will to get to
4 states, let alone 38 states for a general convention. He
said there is a lot of angst in the country about changing
the Bill of Rights and provisions. He set forth that there
should be one convention on a limited topic so that
everyone can see that the procedures are safe and
confidence is built in the process. He stated that the
chances of anybody doing a wide open COS are essentially
zero.
10:00:53 AM
SENATOR WIELECHOWSKI remarked that the reason the COS Project is
running into problems was due to the need for a three quarter
vote. He set forth that a broader call forces compromises. He
said he would like to see a provision overturning Citizens
United due to campaign contributions being out of control and
special interest groups being out of control. He noted that he
will propose amendments on the Senate Floor that are against
Citizens United and for equal rights for women. He suggested
that narrowing COS makes it more difficult for states to agree.
MR. FARRIS answered that he understands Senator Wielechowski's
point of view, but noted that if Alaska does something that is
idiosyncratic in character by writing up its own things, then
Alaska has a moral obligation to go out and organize a process
to build the same kind of momentum in 34 states. He pointed out
that the current process for COS requires two thirds and not
three fourths. He specified that three fourths is required for
ratification. He said the amendments Senator Wielechowski
suggested would be viewed as effectively a way to kill the
process because there is no constituency to build the approach
and no one is out organizing for the approach. He set forth that
Alaska would effectively pass a resolution that has no force and
effect, the end result will do no one any good if amendments are
added. He explained that the intent is to do something good by
trying to stop the abuse of power in Washington, D.C. He
conceded that maybe everything cannot be solved in the initial
time around for COS, but some things can be solved. He said
something has to be done about debt, spending, and regulation.
CHAIR DYSON noted that one of the big pushbacks will often be
seen is on the concept of a "Runaway COS."
10:03:58 AM
JENNIE GRIMWOOD, President, Eagle Forum-Alaska, Cordova, Alaska,
stated that Eagle Forum opposes SJR 18. She noted that SJR 18's
objectives are on balanced budgets and term limits. She pointed
out that other groups are proposing amendments and the Eagle
Forum questioned whether the Constitution should be opened for
uncertain change for COS. She pointed out that the possibility
for bigger states to control COS. She summarized that any
restrictions set on the delegates in advance may violate Article
V and claims that COS can be controlled are misleading.
10:06:55 AM
SENATOR COGHILL noted his support for SJR 18 due to the need to
challenge the federal government. He asked if the imposed checks
and balances on COS are sufficient to keep the convention from
throwing off the Constitution.
MR. GRIMWOOD answered that no one knows because a COS has not
been done since the 1700s.
SENATOR COGHILL stated that he is less fearful, but noted his
respect for the Eagle Forum. He set forth that the lengthy COS
process has a steep hill to climb and some pretty good checks
are in place. He asked the Eagle Forum to reconsider the checks
that have been put into place.
10:09:13 AM
DAVID EICHLER, representing himself, North Pole, Alaska, stated
that he did not agree with the Eagle Forum's position and was
available for questions.
10:10:17 AM
CHARLES KACPROWICZ, National Director, Citizen Initiatives,
Pine, North Carolina, stated that his organization is an
advocate for Article V, single issue amendment conventions. He
noted that Citizen Initiatives is working on balanced budget,
sovereignty and state rights, and the countermand amendments. He
noted that he has been involved in the battle for Article V
amendments for 41 years. He addressed the balanced budget
amendment and noted that 23 states continue to have active
applications. He claimed that the climb for a balanced budget
amendment continues to be uphill due to misinformation. He set
forth that state delegates sent to COS will act as ambassadors
and not free agents with license to do anything they want. He
explained that Citizen Initiatives is opposed to the COS Project
call for COS because it is too broad with two or three broad
sweeping topics. He set forth that Article V is not a
Constitutional Convention and its purpose is restrictive for the
purpose of proposing amendments. He asserted that state
legislatures, under Article V, are sovereign bodies and are in
charge as the forth rank of government. He asserted that the
state legislatures are the key to seeing the nation turn around.
10:22:18 AM
MIKE COONS, Director-Alaska, Citizen Initiatives, Palmer, AK,
said he supports the proper use of Article V in the U.S.
Constitution. He set forth that SJR 18 is on track, but has many
issues. He posed questions should SJR 18 pass as follows:
1. Who is going to write the amendments that come
from the subject topics?
2. Will those amendments be written by the
Legislature prior to COS?
3. Who is the deliberative body, the Legislature or
delegates?
4. Will there be written instructions that make a
convention a republican convention with one-
state-one-vote?
5. Will the delegates be bound to the Legislature?
He noted that previous calls in the nation's history have
been single issue amendments. He asserted that issues must
be resolved prior to passing SJR 18. He said Citizen
Initiatives has calls for specific, single issue amendments
that the Legislature would pre-approve with a delegate
resolution that would ensure one-state-one-vote, making COS
safe, predictable, and ultimately providing for an
excellent chance of ratification.
10:25:39 AM
CHAIR DYSON announced that public hearing is closed.
SENATOR GIESSEL moved to report from committee SJR 18, labeled
28-LS1284\N with zero fiscal note and individual
recommendations.
CHAIR DYSON asked if there was objection.
SENATOR WIELECHOWSKI stated that he was not going to object, but
noted that he may run some amendments on the Senate Floor.
CHAIR DYSON explained that SJR 18 was the exact parallel with
the resolution that was going through the House. He stated that
his intention was to only begin the process and add Alaska to
the queue of the states that were calling for COS. He set forth
that the information that he has seen is that there is a
significant process where the subject of the call will get
narrowed down to something of which there will be 34 states with
a careful delineation of what is the scope of COS with limits on
selection, responsibilities, and remedies for delegates.
10:27:39 AM
CHAIR DYSON announced that seeing no objection, SJR 18 is passed
from the Senate State Affairs Standing Committee.
10:28:59 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee hearing at 10:28 AM.