02/28/2014 01:30 PM House FINANCE

HOUSE JOINT RESOLUTION NO. 22                                                                                                 
                                                                                                                                
     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.                                                                                                  
                                                                                                                                
1:36:17 PM                                                                                                                    
                                                                                                                                
Co-Chair Austerman  relayed that HJR 22  had been previously                                                                    
heard by the committee.                                                                                                         
                                                                                                                                
REPRESENTATIVE  TAMMIE WILSON,  SPONSOR, discussed  that the                                                                    
resolution proposed to hold a  convention of the states. She                                                                    
detailed that Alaska  wanted to be a part  of the convention                                                                    
if 35 states all passed  the resolution. She elaborated that                                                                    
following  the passage  of the  resolutions the  legislature                                                                    
would determine  the number of  delegates it wanted  to send                                                                    
and which  issues it wanted  the delegates to speak  on. She                                                                    
noted that  if delegates  could be replaced  with alternates                                                                    
if they  did not speak  the way the legislature  wanted. She                                                                    
addressed    the   concept    of   a    "runaway"   [runaway                                                                    
constitutional  convention]  and relayed  that  legislatures                                                                    
had control over the topics;  once an amendment was finished                                                                    
if  35 delegates  voted yes  it  would return  to the  state                                                                    
legislatures.  Subsequently the  issue  would need  approval                                                                    
from 38 states.  She stated that there  were numerous checks                                                                    
and balances.                                                                                                                   
                                                                                                                                
Representative  Costello  asked  if a  convention  would  be                                                                    
limited to the items listed in the resolution.                                                                                  
                                                                                                                                
Representative  Wilson  replied   in  the  affirmative.  She                                                                    
expounded that  legislatures could narrow the  scope further                                                                    
and did not have to speak on the issues.                                                                                        
                                                                                                                                
Representative  Costello   did  not  believe  there   was  a                                                                    
provision for  states to  rescind a  call for  a convention.                                                                    
She  believed that  the  states  would have  to  call for  a                                                                    
convention  on  the  same  topic  in  order  to  be  counted                                                                    
[towards the 35  states]. For example, if  two states called                                                                    
for a convention on term  limits and other states called for                                                                    
a convention  unrelated to term  limits, the  states calling                                                                    
for a  convention on term  limits would not be  counted. She                                                                    
believed the list in the  states' "call" would determine the                                                                    
convention agenda.                                                                                                              
                                                                                                                                
1:39:08 PM                                                                                                                    
                                                                                                                                
Representative   Wilson  shared   Representative  Costello's                                                                    
understanding   of  the   issue.   She   detailed  that   if                                                                    
resolutions  differed Congress  would  have  the ability  to                                                                    
determine  that  the  resolutions  did  not  match  [closely                                                                    
enough];  therefore,  resolutions  like   HJR  22  had  been                                                                    
drafted similarly in  other states. She noted  that it would                                                                    
be difficult for the resolutions  to all make it through the                                                                    
states'  House and  Senate. She  stressed the  importance of                                                                    
making the states' resolutions as similar as possible.                                                                          
                                                                                                                                
Representative  Gara  had  asked  for  a  legal  opinion  on                                                                    
whether a runaway constitutional  convention could occur. He                                                                    
recalled   that  the   U.S.  Constitution   left  open   the                                                                    
possibility that  a convention would  not be limited  to the                                                                    
topics passed by  the states. He detailed  that per language                                                                    
in the U.S. Constitution  after the circumstances happened a                                                                    
constitutional convention would be  called. He was uncertain                                                                    
how  the  legal  opinion  read   and  would  share  it  with                                                                    
committee members.                                                                                                              
                                                                                                                                
Representative   Wilson   explained  that   the   resolution                                                                    
designated  that Alaska  wanted to  be  at the  table if  35                                                                    
other states passed similar resolutions.  She stated that it                                                                    
was not necessary  to talk about each of  the items outlined                                                                    
in  the  resolution.  She elaborated  that  the  legislature                                                                    
would need  to create  legislation specifying  how delegates                                                                    
would be chosen  (states only received one  vote), and which                                                                    
specific  topics would  be included.  She stressed  that the                                                                    
convention would  not be  able to  discuss items  outside of                                                                    
the  realm   specified  by   the  state   legislatures.  She                                                                    
explained that  35 states  would be  required to  accept the                                                                    
amendment  once it  was put  to  a vote  at the  convention.                                                                    
Subsequently,   the  issue   would  return   to  the   state                                                                    
legislatures;  at   that  time  38  legislatures   would  be                                                                    
required to  pass the amendment without  making any changes.                                                                    
She reiterated that  it was up to the State  of Alaska to be                                                                    
as specific as it chose.                                                                                                        
                                                                                                                                
1:42:06 PM                                                                                                                    
                                                                                                                                
Representative  Gara communicated  that he  would share  the                                                                    
legal opinion with Representative Wilson.                                                                                       
                                                                                                                                
Co-Chair  Austerman commented  that his  personal preference                                                                    
would  be to  concentrate on  balancing the  federal budget.                                                                    
The number of  different issues proposed in HJR  22 gave him                                                                    
pause. He noted that he  had discussed his concerns with the                                                                    
sponsor previously.                                                                                                             
                                                                                                                                
Vice-Chair Neuman  MOVED to REPORT  HJR 22 out  of committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Representative   Costello  OBJECTED   for  discussion.   She                                                                    
pointed to  the one previously published  zero impact fiscal                                                                    
note from the Legislature.                                                                                                      
                                                                                                                                
There being  NO further OBJECTION,  HJR 22 was  REPORTED out                                                                    
of  committee   with  "no   recommendation"  and   with  one                                                                    
previously published zero fiscal note: FN1 (LEG).