Legislature(2013 - 2014)BUTROVICH 205
04/08/2014 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB217 | |
| Confirmation Hearings | |
| SB30 | |
| HB310 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 30 | TELECONFERENCED | |
| + | HB 217 | TELECONFERENCED | |
| + | HB 310 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 310-U.S. CONSTITUTIONAL CONVENTION DELEGATES
10:11:32 AM
CHAIR DYSON announced the consideration of HB 310. [CSHB
310(STA) AM was before the committee for the first hearing.]
10:11:52 AM
At ease from 10:11 a.m. to 10:13 a.m.
10:13:42 AM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 310, introduced the legislation speaking
to the following sponsor statement:
HB 310 defines the process of delegate selection and
duties of delegates selected to represent the State of
Alaska at a Convention of the States called under
Article V of the Constitution of the United States.
When a Convention of the States is called, the Alaska
State Legislature shall by a joint resolution appoint
delegates, alternate delegates and an observer to the
convention. All delegates will serve their state
without compensation. Before the convening of the
Convention of the States, the state legislature will
provide instructions to delegates, alternate delegates
and observer by joint resolution regarding the topics
to be discussed and voted upon. Each delegate and
alternate delegate will be sworn in and will
faithfully discharge all of the duties provided by the
Alaska State Legislature. The legislature can recall
any selected delegates or observer at any time and
appoint a new delegate, alternate delegate or an
observer by joint resolution. Votes cast by delegates
that are outside of the scope of the provided
instructions by the Alaska State Legislature are
considered ultra vires and void. Delegates who casts
or attempts to cast non-authorized votes is subject to
immediate replacement by an alternate delegate and is
guilty of a class C felony and may be punished as
provided in AS 12.55.
REPRESENTATIVE T. WILSON related that the amendment that was
made on the House floor removed the felony charges for any
delegate who didn't follow the legislature's instructions.
Furthermore, there will be just two delegates and the
compensation isn't determined.
10:16:40 AM
CHAIR DYSON asked which version was before the committee.
REPRESENTATIVE T. WILSON replied it's version C.A. She noted
that most states that intend to send delegates to a convention
of the states have passed a bill to that effect. She posited
that the most important part is for each legislature to
determine whether they want the delegates to talk about all
three topics, offer suggestions, or submit amendments for the
delegates to consider.
SENATOR WIELECHOWSKI asked if appointing two delegates is the
standard.
REPRESENTATIVE T. WILSON offered that having just two delegates
makes it easier to realize who is following the instructions.
That number was inserted by the House State Affairs Committee.
SENATOR WIELECHOWSKI questioned locking in the number.
REPRESENTATIVE T. WILSON said she isn't tied to the number, but
there doesn't seem to be a standard. Regardless of the number of
delegates, each state gets just one vote, she said.
10:20:59 AM
CHAIR DYSON pointed out that in order to get to a convention,
there has to be convergence on the subject. His understanding is
that the state wouldn't be excluded dependent on the number of
delegates it sends.
REPRESENTATIVE T. WILSON agreed.
CHAIR DYSON commented on the two or three groups in the nation
working on this process and his goal of ensuring that Alaska is
in the queue no matter what happens.
REPRESENTATIVE T. WILSON added that the bill specifies two
delegates and two alternates.
SENATOR WIELECHOWSKI asked if she had any comment on the email
Mike Coons sent highlighting subsection (d) on page 2, lines 8-
12, that abdicates state sovereignty.
REPRESENTATIVE T. WILSON said that Mr. Coons indicated that he
would call in today and explain his position if didn't agree
with the language in the bill.
10:24:23 AM
MIKE COONS, Regional Director, Citizen Initiatives, Palmer,
Alaska, said he supports the intent of HB 310, but the language
on page 2, lines 8-12 abdicates state sovereignty and
potentially makes the convention a deliberative body and opens
the door for large states to make the rules. He also questioned
the intention of the instructions on page 2, lines 13-17, and
noted that Ohio, Michigan, and Georgia have passed a call for a
convention of the states to propose the single topic of a
balanced budget amendment.
He said he has no problem with codifying the criminal aspect of
a delegate who violates their oath, but this bill is just one
part of the issue. To maintain the sovereignty of the State of
Alaska, it must have a delegate resolution that not only binds
the delegates, but also ensures that under Article 4, Section 4
of the U.S. Constitution that there is one state one vote,
language that lays out the rules of the convention in advance,
and any pre-approved amendment. He reported that Citizen
Initiatives is working to be the facilitator to the state
legislatures as to the resolution and amendment so that a
majority of the states have the same language prior to the
convention. He noted that he sent the Citizen Initiatives
proposed delegate resolution, which will ensure a safe,
efficient, and concise convention.
CHAIR DYSON asked if passing the bill in this legislature would
preclude addressing his concerns and suggestions.
MR. COONS answered that it wouldn't preclude a change in the
future. He added that the Citizen Initiatives resolution would
further define how the convention would be run; if 26 states
pass the same or a similar delegate resolution they would
control the convention. This would prevent the more populous,
liberal states from running rough shod over the states with less
population.
CHAIR DYSON closed public testimony and solicited a motion.
10:29:33 AM
SENATOR GIESSEL moved to report CS for HB 310(STA) AM, labeled
28-LS0991\C.A, from committee with individual recommendations
and attached fiscal note(s).
10:29:49 AM
CHAIR DYSON announced that without objection, CSHB 310(STA) AM
is reported from the Senate State Affairs Standing Committee.