Legislature(2021 - 2022)BUTROVICH 205
03/07/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB187 | |
| SB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 118 | TELECONFERENCED | |
| += | SB 187 | TELECONFERENCED | |
| += | SB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 118-CMTE ON NULLIFICATION OF FEDERAL LAWS
1:35:18 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."
[SB 118 was previously heard on 2/2/22 and 2/11/22. Public
testimony was heard and closed on 2/11/22.]
1:35:47 PM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 118, said the Alaska Constitution helps confine
the state and federal government. She noted that author Thomas
E. Woods, Jr. stated that nullification is not unconstitutional.
She stated that Amendments 6, 7, and 10 support this type of
effort.
1:36:28 PM
SENATOR SHOWER made a motion to move SB 118, work order 32-
LS0563\B from committee [in error].
1:36:45 PM
At ease
1:37:18 PM
CHAIR HOLLAND reconvened the meeting.
1:37:22 PM
SENATOR SHOWER withdrew his motion to move SB 118 from
committee.
1:37:32 PM
SENATOR SHOWER moved to adopt the proposed committee substitute
(CS) for SB 118, work order 32-LS0563\B, as the working
document.
1:37:39 PM
CHAIR HOLLAND objected for discussion purposes.
1:37:52 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, reviewed the changes in SB 118, from Version A
to Version B, on behalf of the committee. It read as follows:
Sec 1: New section 1 in version B gives the committee
the ability to introduce legislature through the Rules
Committees.
Sec 2: Previously section 1. Version B makes the
following changes:
• Committee membership is reduced from 14 members
to 6 members
• Specifically assigns the Judiciary and State
Affairs Committee chairs to the committee
• Provides a seat for a member from the largest
minority caucus in each body (version A assigned
a minority member based on party affiliation)
• Allows a member to request a review rather than
requiring a review of every Federal action
• Limits meetings to the interim only
• Allows the co-chairs to consider staff
availability before taking on a new review
• Expands the options of the committee actions to
include
1. Submitting resolution to withhold resources for
enforcement
2. Urging the Attorney General to file a lawsuit
3. Drafting a nullification bill
4. Introducing legislation counteracting the
federal law
5. Recommending the legislation take another
action
• Deletes direction to Alaskans to ignore federal
law
Sec 2 of version A was deleted.
1:39:31 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and CSSB 118, Version B, was adopted.
1:39:49 PM
SENATOR KIEHL stated that although the committee substitute is a
more streamlined approach that removes some of the more
troublesome provisions, it ultimately embraces the idea that a
state can nullify federal law. Nullification was so widespread
during the pre-Civil War Era that 1831 and 1832 were considered
nullification crises. Thus, history has shown the trouble that
nullification can cause. Since then, the US Constitution has
been amended to clarify that states do not have the power to
nullify federal laws. He stated that he favors some options in
Version B, including resolutions and calling on the attorney
general to file lawsuits, which would be an appropriate
response. Still, the bill would set up a color of law to do
something a state cannot do. He stated his opposition to moving
SB 118 from committee.
1:41:56 PM
SENATOR HUGHES paraphrased the definition of nullify [at
dictionary.com].
1. to render or declare legally void or inoperative:
to nullify a contract.
2. to deprive (something) of value or effectiveness;
make futile or of no consequence.
SENATOR HUGHES drew attention to the marijuana laws in Alaska.
Alaska essentially nullified the federal marijuana laws. She
offered her view that this sets a precedent for nullification.
She emphasized that it doesn't mean the statute is removed from
federal law, but it would be inoperative in Alaska. Since this
has happened with marijuana laws in Alaska, she feels
comfortable with the proposed bill.
1:42:54 PM
SENATOR SHOWER said he disagrees with Senator Kiehl about
actions the state cannot take. He highlighted that the federal
government wields the threat of withholding appropriations to
states that do not comply with federal directives. For example,
the federal government threatened to cut funding to states that
refused to comply with COVID-19 vaccinations for the US Army
National Guard members. It doesn't necessarily make directives
right or prevent Alaska from asserting Alaskans' choices. He
offered his belief that it is a legislator's right and duty to
resist federal mandates when it's in the best interest of
Alaskans. He emphasized that what works in Florida does not
necessarily work in California. He highlighted that New York
City is vastly different from Oklahoma farmland, so their
citizens' needs are different. He advocated for states' rights.
He stated that the federal government had usurped power since
World War II (WWII), using money as a weapon. He viewed SB 118
as a means to consider and debate what federal laws Alaska
citizens don't want to apply in the state, even if it means
engaging in legal challenges or withholding state resources. He
stated his intent to support the bill.
1:46:30 PM
SENATOR HUGHES offered her view that the Tenth Amendment was
crafted to provide a check and balance between the state and
federal government. She read the Tenth Amendment, "The powers
not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people." She stated that rather than
wait for the courts to rule on federal laws that violate the
Tenth Amendment, the state could provide a check on the federal
government. She said it is the legislature's duty to do so, and
this bill is consistent with states asserting their rights.
1:47:34 PM
SENATOR SHOWER moved to report the committee substitute (CS) for
SB 118, work order 32-LS0563\B, from committee with individual
recommendations and attached fiscal note(s).
1:47:55 PM
SENATOR KIEHL objected.
SENATOR KIEHL noted that the bill differentiates between
effective nullification, which Senator Hughes described, and
nullification, which generally means interfering with federal
enforcement actions. He said he largely agreed with Senator
Shower's remarks, but those comments had little to do with the
bill. Under Printz v. United States, Alaska does not have to
accept federal funding, which Alaska has done previously.
However, that is not a nullification issue. He maintained his
objection.
1:48:50 PM
A roll call vote was taken. Senators Shower, Hughes, and Holland
voted in favor of the motion to move CSSB 118, Version B, from
committee, and Senator Kiehl voted against it. Therefore, the
motion passed on a 3:1 vote.
CHAIR HOLLAND stated that CSSB 118(JUD) was reported from the
Senate Judiciary Standing Committee on a vote of three yeas and
one nay.
1:49:28 PM
SENATOR REINBOLD offered her view that members take an oath to
protect individual liberties and that state sovereignty is
critically important. She stated that the federal government
impacts Alaska's resource development, mandates masking, and
often overreaches. She thanked members for hearing SB 118 since
it was a vital issue to address.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 118 Committee Substitute version B.pdf |
SJUD 3/7/2022 1:30:00 PM |
SB 118 |
| SB 118 Summary of Changes (SJUD).pdf |
SJUD 3/7/2022 1:30:00 PM |
SB 118 |