Legislature(2015 - 2016)BUTROVICH 205
03/19/2015 09:00 AM Senate STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Alaska Commercial Fisheries Entry Commission | |
| Alaska Public Offices Commission | |
| Commissioner, Department of Transportation and Public Facilities | |
| Lieutenant Governor Successor | |
| SJR15|| SCR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SJR 15 | TELECONFERENCED | |
| += | SCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 19, 2015
9:00 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Commercial Fisheries Entry Commission
Vern E. Rupright, Esq. - Wasilla
Benjamin Brown - Juneau
- CONFIRMATION(S) ADVANCED
Alaska Public Offices Commission
Mark S. Fish - Big Lake
- CONFIRMATION(S) ADVANCED
Commissioner - Department of Transportation & Public Facilities
Marc A. Luiken
- CONFIRMATION(S) ADVANCED
Lieutenant Governor Successor
Craig Fleener - Anchorage
- CONFIRMATION(S) ADVANCED
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.
- HEARD AND HELD
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.
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SJR 15
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE(STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SCR 4
SHORT TITLE: US COUNTERMAND CONVENTION DELEGATES
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD, FIN
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE(STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
VERNE E. RUPRIGHT, Esq., Appointee
Alaska Commercial Fisheries Entry Commission (CFEC)
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Commercial Fisheries Entry Commission (CFEC).
BENJAMIN BROWN, Appointee
Alaska Commercial Fisheries Entry Commission (CFEC)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska
Commercial Fisheries Entry Commission (CFEC).
MARTIN LUNDE, Ph.D.
Southeast Alaska Seiners Association
Juneau, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Verne E. Rupright, Esq., and the reappointment of Benjamin Brown
to the Commercial Fisheries Entry Commission (CFEC).
MARK S. FISH, Appointee
Alaska Public Offices Commission (APOC)
Big Lake, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Public
Offices Commission (APOC).
MARC A. LUIKEN, Appointee
Commissioner
Department of Transportation and Public Facilities (DOT&PF)
No address provided
POSITION STATEMENT: Testified as appointee to the position of
Commissioner of the Department of Transportation and Public
Facilities (DOT&PF).
CRAIG FLEENER, Appointee
Lieutenant Governor Successor
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the position of
successor to the Lieutenant Governor.
KEN RAY
Wasilla, Alaska
POSITION STATEMENT: During the confirmation hearing of Craig
Fleener to the position of Lieutenant Governor Successor,
provided comments regarding the appointment of Verne E.
Rupright, Esq., to the Commercial Fisheries Entry
Commission (CFEC).
CHARLES KACPROWICZ, Executive Director
Citizen Initiatives
Spruce Pines, North Carolina
POSITION STATEMENT: Provided comments during discussion of
SJR 15 and SCR 4.
MIKE COONS, National and State Director
Citizen Initiatives
Palmer, Alaska
POSITION STATEMENT: Provided comments during discussion of
SJR 15 and SCR 4.
ACTION NARRATIVE
9:00:25 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:00 a.m. Present at the call to
order were Senators Huggins, Wielechowski, and Chair Stoltze.
^Confirmation Hearing(s):
Confirmation Hearing(s):
^Alaska Commercial Fisheries Entry Commission
Alaska Commercial Fisheries Entry Commission
9:01:14 AM
CHAIR STOLTZE announced that the first order of business would
be consideration of the appointment of Verne E. Rupright, Esq.,
to the Alaska Commercial Fisheries Entry Commission (CFEC).
9:01:37 AM
VERNE E. RUPRIGHT, Esq., Appointee, Alaska Commercial Fisheries
Entry Commission (CFEC), noting that his resume has been
included in members' packets, recounted items from it and
provided some additional personal information.
SENATOR COGHILL joined the committee meeting.
MR. RUPRIGHT, in response to questions, remarked on his good
work habits, and offered his belief that they as well as his
past work in management positions and as an attorney in Alaska
qualifies him to serve on the Commercial Fisheries Entry
Commission (CFEC) and come to reasonable decisions with the
other commissioners. Raising the question of whether the CFEC
is currently achieving its goals in terms of meeting the needs
of a more modern Alaska fishery, however, he indicated a belief
that the CFEC needs to be reviewed, consolidated, reorganized,
and restructured. He offered his understanding that the CFEC
addresses permitting issues in a timely fashion and is in the
process of reviewing its regulatory and statutory schemes, and
that there are currently 28 unresolved cases pending before the
CFEC; posited that a proper analysis of those 28 cases is
necessary for their resolution; and predicted that the closure
or limited entry of certain fisheries in the future is
unavoidable due to the burdens being placed on Alaska's
fisheries.
SENATOR MCGUIRE joined the committee meeting.
MR. RUPRIGHT, in response to further questions, indicated that
if confirmed, he would commute from Wasilla to Juneau, where the
CFEC office is located; acknowledged that perhaps the CFEC might
need to open additional offices, hold hearings in other
communities, and interact with other states such as Washington
in order to continue addressing the needs of the commercial-
fishing industry in Alaska; and noted that the CFEC interacts
with and coordinates information with the Board of Fisheries and
the Alaska Department of Fish and Game (ADF&G), the entities
responsible for addressing fishery allocation levels, with the
CFEC then addressing economic- and fishery-viability issues
related to permitting. In response to concerns expressed about
the CFEC, particularly with regard to a lack of employee-
accountability, low permitting numbers, and the aforementioned
backlog of unresolved cases, Mr. Rupright agreed that changes to
the CFEC are in order, sooner rather than later, and offered his
understanding that in terms of possible budget reductions,
staffing levels have already been reduced.
[Additional testimony regarding the appointment of Verne E.
Rupright, Esq., to the Commercial Fisheries Entry Commission
(CFEC) was provided later in the meeting.]
[Later in the meeting, the motion to advance the nomination of
Verne E. Rupright, Esq., to the Alaska Commercial Fisheries
Entry Commission was made and carried.]
9:25:51 AM
CHAIR STOLTZE announced that the next order of business would be
consideration of the reappointment of Benjamin Brown to the
Alaska Commercial Fisheries Entry Commission (CFEC).
9:26:06 AM
BENJAMIN BROWN, Appointee, Alaska Commercial Fisheries Entry
Commission (CFEC), recounted some of the items outlined in his
resume and provided some additional personal information, and,
with regard to his reappointment to the CFEC, explained that for
two of the years of his previous four-year term, there were only
two commissioners serving, himself and CFEC Chair Bruce Twomley,
with Mr. Rupright [as appointee] having joined them "a couple of
months ago," during what Mr. Brown described as a very
challenging time for the CFEC given Alaska's current fiscal
situation. Mentioning that the CFEC is currently undergoing an
audit, and opining that it would be very premature to make any
policy changes to the CFEC prior to the audit's completion, he
offered his belief that the CFEC should remain an independent
entity, and indicated that [if reappointed he] would respond to
the issues that arise as the CFEC seeks to continue providing
Alaskans, and others with fishing privileges in Alaska, the best
possible level of service in as cost-effective a manner as
possible.
SENATOR MCGUIRE mentioned that she's worked with Mr. Brown for
many years, and trusts his judgement and likes the way he
analyzes issues.
9:31:30 AM
MR. BROWN, in response to comments and questions, provided some
information about the CFEC - including historical information -
and his understanding of how the CFEC functions in relation to
other entities; reiterated his belief that the CFEC should
remain an independent entity, especially in terms of issuing
permits and overseeing their transfer, particularly given that
such permits can sometimes be used as collateral in certain
circumstances; relayed that should he be reappointed, there are
many technological improvements that he would like to see
implemented; and ventured that during his next four-year term
the CFEC will continue to be researching and analyzing possible
improvements. For example, the on-line permit-renewal process
could be improved, and more technologically-up-to-date on-line
services could be provided to clients, thereby further
decreasing personnel costs.
MR. BROWN, in response to further comments and questions,
offered his beliefs that Title 16 stipulates that permits
provide holders with use-privileges that are revocable without
compensation, and that there are several fisheries that could
possibly be limited in the next few years. He acknowledged,
however, that perhaps the CFEC has been a little remiss in
performing "optimum-number" studies, which require obtaining
net-earnings information - tax information - from those
participating in a particular fishery. What needs to be done,
he opined, is to look at ways to prioritize all limited
fisheries, figure out which ones are most in need of some sort
of optimum-number "statement," and generate such statements
without engaging in formal studies unless doing so is found to
be necessary for a particular fishery; in instances where such
formal studies are deemed necessary, sufficient resources -
including sufficient research personnel - to complete the
studies should be allocated for. Ensuring that the CFEC remains
an independent entity will ensure the validity of the various
determinations that the CFEC issues, he proffered in conclusion.
9:43:44 AM
MARTIN LUNDE, Ph.D., Southeast Alaska Seiners Association, said
the Southeast Alaska Seiners Association asks that the committee
support the appointment of Verne E. Rupright, Esq., and the
reappointment of Benjamin Brown to the Commercial Fisheries
Entry Commission (CFEC). Both appointees bring with them the
experience and perspectives that will enable them to conserve
Alaska's fisheries, serve commercial fishers in Alaska in the
best way possible, and carry on the work of past CFEC
commissioners; both appointees are very good at what they do,
Alaska needs their competence and expertise, and the Southeast
Alaska Seiners Association couldn't think of better individuals
for the job. "We encourage you to confirm both [Mr. Brown and
Mr. Rupright], and do all that you can to help keep [the] CFEC
competent and independent," he said in conclusion.
[Further additional testimony regarding the appointment of
Verne E. Rupright, Esq., to the Commercial Fisheries Entry
Commission (CFEC) was provided later in the meeting.]
CHAIR STOLTZE noted that members' packets contain a letter from
the United Fisherman of Alaska (UFA) in support of the
reappointment of Benjamin Brown to the CFEC.
[Later in the meeting, the motion to advance the nomination of
Benjamin Brown to the Alaska Commercial Fisheries Entry
Commission was made and carried.]
^Alaska Public Offices Commission
Alaska Public Offices Commission
9:48:36 AM
CHAIR STOLTZE announced that the next order of business would be
consideration of the appointment of Mark S. Fish to the Alaska
Public Offices Commission (APOC).
9:49:06 AM
MARK S. FISH, Appointee, Alaska Public Offices Commission
(APOC), first, to correct an error on the forms he submitted,
declared that neither he nor any member of his family is
affected financially by the decisions made by the APOC. He then
indicated that when asked to serve on the APOC, he felt it to be
his civic duty to do so, and noted both that his resume is
included in members' packets, and that he's previously served on
the Alaska State Commission for Human Rights, and on the
Citizens' Advisory Commission on Federal Areas. In conclusion,
he said that he is willing to serve on the APOC, and feels that
he is qualified to do so. In response to questions, he
indicated that he is a [registered] Libertarian; is in support
of a limited government; recognizes that a core function of
government is what he termed "the public process of
accountability for elected officials"; and views maintaining the
transparency of such as "a preservation of rights," both the
rights of candidates to speak freely and the rights of [voters]
to make informed, valid choices. The APOC is in place to ensure
such transparency, and not to set limits on political speech.
SENATOR MCGUIRE expressed appreciation for Mr. Fish's
willingness to serve on the APOC.
MR. FISH, in response to comments and further questions - noting
that he himself has been a candidate for public office, has
served as chair of a political party, and is a [voting] citizen
- relayed that he believes in being actively engaged with all
who must deal with the APOC's regulations [and requirements],
and believes that it is the job of the APOC to ensure that those
who make an honest effort to comply with the APOC's regulations
[and requirements] have all the information they need in order
to do so. He said he would therefore like to see more emphasis
placed on training courses and on making them available to all
who are either running for public office or campaigning on a
particular issue so that they have the information they need in
a timely manner. Furthermore, reporting to the APOC should be
made as easy and as fluid as possible via the use of technology.
9:57:13 AM
MR. FISH said he doesn't think it's the role of the APOC to seek
out possible APOC violations, since such behavior could be
viewed as being punitive - as using the APOC as a weapon.
Instead, the public should be encouraged to use the information
reported to the APOC as a tool to help them make decisions. The
statutes should be enforced, the regulations must be clear, and
the citizens themselves are ultimately the wielders of political
power and should therefore be the ones to bring forth
information about possible APOC violations. In response to
further questions, he explained that in compliance with statute,
he was appointed to the APOC specifically because he is a
[registered] Libertarian. He noted, however, that in a previous
confirmation hearing he'd stated his belief that the public
would be better served if appointments to the APOC were not
selected by any political party and party affiliation was not
considered. He added, "If I had my preference, I wouldn't give
political parties the right to dictate who sits on this
commission."
CHAIR STOLTZE indicated favor with the appointment of Mark S.
Fish to the APOC.
[Later in the meeting, the motion to advance the nomination of
Mark S. Fish to the Alaska Public Offices Commission was made
and carried.]
^Commissioner, Department of Transportation and Public
Facilities
Commissioner, Department of Transportation and Public Facilities
10:03:49 AM
CHAIR STOLTZE announced that the next order of business would be
consideration of the appointment of Marc A. Luiken to the
position of Commissioner of the Department of Transportation and
Public Facilities (DOT&PF).
10:04:17 AM
MARC A. LUIKEN, Appointee, Commissioner, Department of
Transportation and Public Facilities (DOT&PF), characterizing
the opportunity to again serve as the commissioner of the DOT&PF
as an honor, relayed that his primary focus as commissioner
shall be to progress the DOT&PF such that it can meet budgetary
challenges while also accomplishing its core mission of keeping
Alaskans moving. He said:
I intend to seek this balance by pursuing
organizational consolidations and process-improvements
wherever possible across the department. We are
already at work and considering options to centralize
some key functions, while also standardizing the
processes and tools we leverage daily to get our job
done. As we consider change, be assured any change we
propose must also be sustainable in terms of the
department's core responsibilities and in light of the
long-term health of our state's budget. As we
transform, we will strive to minimize the impacts to
our core services, which are so vital to Alaskans
every day. Regarding our [fiscal year 2016 (FY 16)]
operating budget, at this point in the legislative
process, the reductions being proposed for ... [the
DOT&PF's] operating budget are significant; I commend
the work our dedicated staff members have done to
absorb and spread this reduction across the entire
department, so that the impacts are fair and equitable
and not one service is affected significantly more
than another.
The department is also exploring new revenue-
generating opportunities. The time has come for this
challenging conversation, and we'll need your help
going forward as we look to users to help defray the
costs of our vast transportation infrastructure and
state-provided services. A couple of examples are a
4.5 percent increase in fares in the [Alaska Marine
Highway System (AMHS)] which will begin this May, ...
[and] introducing the concept of landing fees at the
Deadhorse Airport in FY 16; by 2017, it is estimated
that these landing fees will help offset airport-
system costs, and support, for the long term, one of
the most important transportation hubs for the North
Slope. Proactive steps like these - those that
increase the department's revenue via its primary
users - help protect the core services that are
provided to Alaskans every day, and, in turn, create
a more-sustainable-operating-budget approach going
forward.
10:07:00 AM
MR. LUIKEN continued:
During this period of fiscal uncertainty, especially
where stakeholders may either experience a change in
the DOT&PF-provided service they're used to, or where
they may see an increase in their out-of-pocket costs,
it is ... [even more] important to foster proactive
and effective communications with these stakeholders.
This includes ... improving upon the way I and my
staff communicate with you, the legislature; enhancing
how the department involves and communicates with the
public; and cultivating better communication between
department staff across the state. Improving
communications doesn't only mean that we must be
better at explaining what we can or cannot do, but
that we must also be skilled, active listeners. ...
Every citizen is indeed a subject-matter expert, and
so much more can be gained by placing greater emphasis
upon the way [the DOT&PF] involves Alaskans in the
decision-making process. We must engage the public,
understand and dignify positions, and conduct our work
in a customer/client-focused manner - we are servants,
and good servants are good listeners.
MR. LUIKEN provided comments about the DOT&PF's deputy
commissioners, and relayed that his priority as commissioner
will be to "the organization" and thus he envisions focusing on
the department's core missions and functions: mobility, access,
and commerce. The DOT&PF must continue to provide safe,
environmentally-responsible, and sustainable mobility for
travelers; improve access and opportunity for Alaskans and
business; and support commerce so that Alaska can grow
economically. The needs of Alaskans must be met with fewer
resources, and the transformational work that will enable the
department to achieve that end is already underway.
10:10:30 AM
MR. LUIKEN indicated that his second priority as commissioner
will be to focus on making the DOT&PF function as one
department, rather than as separate [enclaves] divided by
geographic location and [type of] service [provided] as is
currently the case. Alaska's ferries, roads, and aviation
[hubs] all complement each other to keep Alaskans moving, and as
the DOT&PF works to function as one department, it must operate
transparently, honestly, and responsibly, and continuously
strive for improvement. Regular performance measures shall be
instituted, and the results published for the benefit of the
public; employees will be expected to serve the public
responsibly; and the DOT&PF must become efficient in the
allocation of its most important resource - its employees. [On
the latter point, for example,] the DOT&PF is expecting to lose
over 30 percent of its current workforce during the next five
years. To address this, he relayed, he wants to create an
organization that people will want to be a part of, one that
encourages [professional] growth, and recognizes and rewards
collaboration and innovation.
MR. LUIKEN emphasized that [he and his staff] would be striving
to build an organization that is accountable to the legislature
and to Alaskans, one that promotes integrity, excellence, and
respect. His goal, he added, is to give the DOT&PF's workforce
the resources, training, focus, and executive guidance to be
better than ever. He looks forward, he relayed in conclusion,
to taking on the challenge of reevaluating and resetting [the
department's] proper and effective role in light of Alaska's
current fiscal situation, so that the DOT&PF can better serve
Alaskans, both today and in the future.
CHAIR STOLTZE indicated that he's heard concerns from Alaska's
aviation community that information being provided to the DOT&PF
isn't making it all the way to the commissioner's office and is
instead coming to a dead end at the division/section level.
MR. LUIKEN indicated that he and his leadership team would be
focusing on bettering communication, both within the
organization, and without. In response to comments and
questions, he reiterated that there would be a focus on making
the DOT&PF function as one department, and on making the DOT&PF
more receptive to input from the public and the legislature; and
indicated that he, as commissioner, isn't the one who would
ultimately be responsible for deciding which of the state's
transportation projects move forward.
SENATOR WIELECHOWSKI expressed appreciation of Mr. Luiken's
comments regarding making improvements to the DOT&PF.
MR. LUIKEN, in response to a question, explained that he'd
previously resigned from the DOT&PF because he felt his
effectiveness as commissioner was at an end.
[Later in the meeting, the motion to advance the nomination of
Marc A. Luiken to the position of Commissioner of the Department
of Transportation and Public Facilities was made and carried.]
10:30:37 AM
SENATOR COGHILL [made a motion to advance from committee the
nominations of Verne E. Rupright, Esq., and Benjamin Brown to
the Alaska Commercial Fisheries Entry Commission. There being
no objection, the confirmations were advanced from the Senate
State Affairs Standing Committee].
10:30:54 AM
SENATOR COGHILL [made a motion to advance from committee the
nomination of Mark S. Fish to the Alaska Public Offices
Commission. There being no objection, the confirmation was
advanced from the Senate State Affairs Standing Committee].
SENATOR COGHILL [reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection].
10:31:13 AM
SENATOR COGHILL [made a motion to advance from committee the
nomination of Marc A. Luiken to the position of Commissioner of
the Department of Transportation and Public Facilities. There
being no objection, the confirmation was advanced from the
Senate State Affairs Standing Committee].
^Lieutenant Governor Successor
Lieutenant Governor Successor
10:31:50 AM
CHAIR STOLTZE announced that the next order of business would be
consideration of the appointment of Craig Fleener to the
position of successor to the lieutenant governor.
10:32:21 AM
CRAIG FLEENER, Appointee, Lieutenant Governor Successor, in
response to questions, highlighted items from his resume -
included in members' packets - and provided some additional
personal information; characterized his appointment to the
position of successor to the lieutenant governor as a tremendous
honor; and relayed that he takes [the appointment] very
seriously, and believes that when Alaskans are asked by Alaska's
leaders to serve the public, it's important that they do so, and
referenced his own [military and public service careers] as
example.
CHAIR STOLTZE, upon receiving responses to questions he posed
Mr. Fleener, ascertained that Mr. Fleener met the requirements
set forth in the Alaska State Constitution for the position of
lieutenant governor.
10:40:28 AM
SENATOR COGHILL made a motion to advance from committee the
nomination of Craig Fleener to the position of successor to the
lieutenant governor. There being no objection, the confirmation
was advanced from the Senate State Affairs Standing Committee.
10:41:06 AM
KEN RAY indicated that he seriously questions the appointment of
Verne E. Rupright, Esq., to the Commercial Fisheries Entry
Commission (CFEC), and asked the committee to delay advancing
that nomination.
[Previously in the meeting, the motion to advance the nomination
of Verne E. Rupright, Esq., to the Alaska Commercial Fisheries
Entry Commission was made and carried.]
CHAIR STOLTZE [reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection].
SJR 15-CALL FOR US COUNTERMAND CONVENTION
SCR 4-US COUNTERMAND CONVENTION DELEGATES
10:43:00 AM
CHAIR STOLTZE [announced that the last 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].
10:43:49 AM
CHARLES KACPROWICZ, Executive Director, Citizen Initiatives,
indicated that his organization has been promoting the
advancement of legislation [such as SJR 15 and SCR 4 - together
addressing 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 - in several states for
the purpose of getting what he called a "countermand amendment"
added to the Constitution of the United States; and offered his
understanding that there are "eighteen states with sponsors,"
and that nine states have either filed or are in the process
filing [such legislation]. He expressed his hope that [if such
legislation passes, 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 particular federal
laws could start seeking repeal/nullification of those laws by
late 2016. He offered his beliefs that it is Article V of the
Constitution of the United States itself that would prohibit
such a constitutional convention from addressing anything other
than amendments to the Constitution of the United States, and
that a countermand amendment to the Constitution of the United
States offers legislatures the best hope of restoring what he
called, "our constitutional republic."
MR. KACPROWICZ offered his understanding that should such a
countermand amendment to the Constitution of the United States
be ratified, then any 30 states could seek to nullify any
federal law - including those engendered by United States
Supreme Court rulings - or any constitutional right, whether
enumerated or not; and that any such nullification would be in
effect immediately. In conclusion, he offered his belief that
ratification of a countermand amendment to the Constitution of
the United States would create a balance of power between the
states and the federal government, and that there would be no
limit to how the countermand amendment could be applied as long
as 30 states agreed to the particular application of it.
10:52:28 AM
MIKE COONS, National and State Director, Citizen Initiatives,
referencing some federal laws as example, offered his belief
that if a countermand amendment to the Constitution of the
United States [such as that proposed via SJR 15 and SCR 4] is
ratified, any federal law that is nullified by the states could
simply be rewritten by Congress to better comport with what the
states that nullified it want.
CHAIR STOLTZE announced that SJR 15 and SCR 4 would be held in
committee.
10:58:39 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Standing
Committee at 10:58 a.m.