Legislature(2021 - 2022)BUTROVICH 205
02/02/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| HB155 | |
| HB3 | |
| SB31 | |
| SB129 | |
| SB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | HB 155 | TELECONFERENCED | |
| += | SB 31 | TELECONFERENCED | |
| += | SB 119 | TELECONFERENCED | |
| + | SB 118 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 129 | TELECONFERENCED | |
SB 118-CMTE ON NULLIFICATION OF FEDERAL LAWS
2:38:48 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 118
"An Act establishing the committee on nullification of federal
laws; and providing a directive to the lieutenant governor."
2:39:09 PM
KELLI TOTH, Staff, Senator Lora Reinbold, Alaska State
Legislature, Juneau, Alaska, presented SB 118 on behalf of the
sponsor. She stated that this bill was previously heard in the
Senate State Affairs Committee, so some members may be familiar
with SB 118.
2:39:43 PM
MS. TOTH expressed concern about federal executive branch
overreach, putting the state's rights, state sovereignty, and
individual rights at risk. SB 118 would establish a committee on
Nullification of Federal Laws and provide a directive to the
lieutenant governor. She said upon receipt, the committee would
consider federal statutes, regulations, and executive orders and
recommend whether to nullify them in their entirety. The
committee shall consider whether the statute, regulation or
executive order is outside the scope of the powers delegated to
the federal government in the Constitution of the United States.
The committee may review existing federal statutes, regulations,
and executive orders and determine constitutionality and
recommend whether to nullify in its entirety specific federal
statutes, regulations, or executive orders. The committee would
recommend that the legislature nullify the federal action by
concurrent resolution.
2:40:59 PM
MS. TOTH related that if the legislature adopted a concurrent
resolution to nullify a federal statute, regulation, or
executive order based on constitutionality by a majority of the
membership of each house, the state and the citizens of the
state may not recognize or be obligated to abide by the federal
law or executive order.
2:41:25 PM
MS. TOTH stated that SB 118 would provide a directive to the
lieutenant governor to forward a copy of the enrolled version of
the bill to "the President of the United States, the president
of the United States Senate, the speaker of the United States
House of Representatives, and each member of the Alaska
congressional delegation."
2:41:54 PM
MS. TOTH, on behalf of the sponsor, paraphrased the sectional
analysis.
[Original punctuation provided.]
Section One: Establishes a committee on Nullification
of Federal Laws as a permanent interim committee of
the legislature composed of:
a. President of the senate, or the President's
designee
b. Six members of the senate appointed by the
president of the senate with no more than four members
being of the same political party.
c. The Speaker of the House of Representatives or the
speakers designee
d. Six members of the house of representatives
appointed by the speaker with not more than four
members being of the same political party. Section
Two: Adds a new section, Directive, the Lt. Governor
shall forward a copy of the enrolled version of this
bill to the President of the United Sates, the
President of the United States Senate, the Speaker of
the United States House of Representatives , and each
member of the Alaska congressional delegation.
2:42:49 PM
Section Two: Adds a new section, Directive, the Lt.
Governor shall forward a copy of the enrolled version
of this bill to the President of the United Sates, the
President of the United States Senate, the Speaker of
the United States House of Representatives , and each
member of the Alaska congressional delegation.
MS. TOTH, in closing, stated that the bill would preserve state
sovereignty.
2:43:03 PM
CHAIR HOLLAND asked if she would like to discuss the fiscal
notes.
MS. TOTH declined to review the fiscal notes at this time.
2:43:19 PM
SENATOR MYERS noted the membership of the proposed Committee on
Nullification of Federal Laws. He related that the legislature
is organized by coalitions rather than majority parties. He
asked why the bill uses political parties instead of majority
and minority caucuses as the Uniform Rules uses.
CHAIR HOLLAND related his understanding that she would like to
collect questions for the sponsor. He noted that she was welcome
to respond.
2:44:07 PM
MR. TOTH offered to collect questions for the sponsor.
2:44:13 PM
SENATOR SHOWER related that the Senate State Affairs Standing
Committee would be considering a bill that speaks to that point.
He related that [SB 66], sponsored by Senator Begich, would
require committee membership of at least one member of the
minority of each house. He explained that the bill's essence is
to ensure that the minority has a voice.
2:44:51 PM
SENATOR KIEHL stated that he had several questions for the
sponsor. He directed attention to the task and scope of the task
for the bill. He explained that since WW II, Congress had passed
an average of 2 million words of new federal law each year. He
expressed concern about the Committee on Nullification of
Federal Law's ability to read all of the laws and regulations
and make recommendations. Further, he reported that the federal
government issues 3,000 to 4,000 new regulations published in
the Federal Register each year. He asked how many people would
need to be hired to accomplish it.
2:45:52 PM
SENATOR KIEHL referred to page 2, line 9, to subsection (f),
which read "Upon receipt of a federal statute ...." He was
unsure who would be submitting the documents and what it means
to process them.
2:46:33 PM
SENATOR KIEHL turned to policy questions. First, the US
Constitution has a supremacy clause. He was unsure how SB 118
would purport to bypass the supremacy clause. He noted that
members swore an oath to uphold and defend the US Constitution.
Second, language on page 2, line 21, subsection (i) states that
if the legislature adopts a concurrent resolution to nullify a
federal statute, regulation, or executive order, the citizens of
the state may not recognize or be obligated to abide by the
federal law. He offered his view that the legislature would be
overstepping its authority.
2:48:01 PM
SENATOR MYERS pointed out that state and federal policy differs
regarding marijuana. He offered his belief that marijuana has
been legal in Alaska since 2014. The state has not been
challenged because the federal government has declined to
prosecute violations. However, if that changed and the federal
government decided to prosecute, he wondered how that would
affect Alaskans. The bill indicates that citizens could ignore
federal law, yet a federal agency, such as the Drug Enforcement
Agency (DEA), could still take action. He asked whether the
state would defend citizens in court or have a showdown between
the DEA and the Alaska State Troopers.
2:49:44 PM
SENATOR SHOWER offered his view that the federal government did
not have the resources to enforce laws, such as the marijuana
laws. One thing for the sponsor to consider is that the state
would decline to assist federal agents in enforcing federal
laws. He said the easiest way to address this would be to refuse
to provide funding.
2:51:09 PM
CHAIR HOLLAND agreed that other states have already taken that
approach.
2:51:17 PM
SENATOR HUGHES said she worked with then-Representative
Gruenberg, now deceased, on countermand amendment language. At
the time, the state questioned federal overreach and state's
rights when the federal government violated the 10th Amendment.
She recalled that approach required multiple states to agree on
federal overreach. She stated that the legislature would pass
resolutions related to overreach on resource development. She
asked how other states have addressed federal overreach.
SENATOR HUGHES asked whether the Committee on Nullification of
Federal Law would meet during the interim, identify overreach
issues, and put their recommendation into a concurrent
resolution for consideration by the full body.
2:53:40 PM
CHAIR HOLLAND held SB 118 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 119 Sponsor's Statement.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 119 |
| SB 119 Sectional Final.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 119 |
| SB 31 - Sectional Analysis.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 31 |
| SB 31 - Sponsor Statement.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 31 |
| HB 3 Amendment (SJUD).pdf |
SJUD 2/2/2022 1:30:00 PM |
HB 3 |
| SB 129 SJUD Amendment O.3.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 129 |
| SB 129 SJUD Amendment O.4.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 129 |
| SB 129 SJUD Amendment O.2.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 129 |
| SJC - SB 119 Testimony, 2022-2-1.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 119 |
| HB 3 Public Testimony.pdf |
SJUD 2/2/2022 1:30:00 PM |
HB 3 |
| SB 119 SJUD Public Testimony through 2.12.22.pdf |
SJUD 2/2/2022 1:30:00 PM |
SB 119 |