04/12/2013 09:00 AM Senate JUDICIARY

          SCR  3-JOINT COMMITTEE ON FEDERAL OVERREACH                                                                       
                                                                                                                                
9:05:07 AM                                                                                                                    
CHAIR COGHILL announced the consideration  of SCR 3, a resolution                                                               
relating  to  establishing  the Joint  Committee  on  Access  and                                                               
Federal Overreach;  and recommending that the  Governor establish                                                               
a working  group to consider  establishing a permanent  office or                                                               
authority to preserve state sovereignty.                                                                                        
                                                                                                                                
9:05:21 AM                                                                                                                    
SENATOR  LESIL   MCGUIRE,  sponsor   of  SJR  3   introduced  the                                                               
resolution paraphrasing the following sponsor statement:                                                                        
                                                                                                                                
     Senate Concurrent Resolution 3  would establish a joint                                                                    
     committee  between the  House  and the  Senate to  look                                                                    
     into  federal overreach  at the  legislative, executive                                                                    
     and  administrative   levels.  By  having   the  Senate                                                                    
     President and  Speaker of the  House as  the co-chairs,                                                                    
     and  requiring participation  from  both caucuses,  the                                                                    
     committee  would be  a comprehensive  representation of                                                                    
     the State  of Alaska, investigating the  barrage of new                                                                    
     regulations  and rules  that  affect the  lives of  the                                                                    
     resident  across  the   state.  After  reviewing  these                                                                    
     issues, the  committee would also hold  public hearings                                                                    
     and take testimony from communities.                                                                                       
                                                                                                                                
     This  is a  crucial step  in the  assertion of  a state                                                                    
     being  a  member  of  a federation  and  not  simply  a                                                                    
     servile region.  I respectfully  urge your  support for                                                                    
     SCR 3 as  it will assure the residents  of Alaska their                                                                    
     senators and  state representatives speak for  them and                                                                    
     will advocate on their behalf.                                                                                             
                                                                                                                                
9:06:50 AM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
SENATOR MCGUIRE  talked about the  legislation this  session that                                                               
focuses  on  areas  of  discord between  the  state  and  federal                                                               
government,   and   Senator    Lisa   Murkowski's   unprecedented                                                               
discussion  about federal  encroachment  when  she addressed  the                                                               
legislature this  year. She specifically mentioned  the "no more"                                                               
clause in  the [Alaska National Interest  Lands Conservation Act]                                                               
(ANILCA)  and  the  people  in  King  Cove  who  were  denied  an                                                               
emergency  access route  through  the  Izembek National  Wildlife                                                               
Refuge.  The  overarching  concern  is the  belief  is  that  the                                                               
federal government  is paying more  attention to the land  or the                                                               
issue than the people who live in the state.                                                                                    
                                                                                                                                
SENATOR  MCGUIRE  highlighted  the  hypocritical  policy  of  the                                                               
federal government failing  for six decades to clean  up over 100                                                               
legacy  wells in  the National  Petroleum Reserve-Alaska  (NPR-A)                                                               
and requiring  immediate cleanup  by oil  and gas  companies. She                                                               
also  expressed concern  about the  Endangered Species  Act (ESA)                                                               
and the  Marine Mammal Protection Act  being used as a  method of                                                               
controlling resource  development and hampering  Alaska's ability                                                               
to realize its economic destiny as a resource development state.                                                                
                                                                                                                                
She  explained  that  the  committee would  be  composed  of  the                                                               
Speaker of the  House or designee, three members of  the House of                                                               
Representatives appointed  by the  Speaker, the President  of the                                                               
Senate or designee, and three  members of the Senate appointed by                                                               
the  President.  Committee   reports  containing  recommendations                                                               
shall be  submitted to  the governor  and legislature  by January                                                               
15,  2014 and  January 15,  2015.  The termination  date for  the                                                               
committee is January 15, 2015, unless extended.                                                                                 
                                                                                                                                
9:11:58 AM                                                                                                                    
CHAIR  COGHILL   commented  on  the  importance   of  being  well                                                               
informed, of being  willing to stand up for the  state, and being                                                               
willing to work with the federal government when needed.                                                                        
                                                                                                                                
SENATOR DYSON  stated support for resolution  raised the question                                                               
of following the Utah model  and establishing a commission rather                                                               
than a committee.                                                                                                               
                                                                                                                                
CHAIR COGHILL observed that this may lead to a commission.                                                                      
                                                                                                                                
SENATOR  DYSON mentioned  HB  83 that  talks  about the  attorney                                                               
general giving the legislature a  report on the areas of conflict                                                               
between state and federal law.                                                                                                  
                                                                                                                                
CHAIR  COGHILL referenced  page 5,  line 5,  that authorizes  the                                                               
hiring of  consultants and experts.  He asked the sponsor  if she                                                               
had considered the potential for a Finance Committee referral.                                                                  
                                                                                                                                
SENATOR MCGUIRE responded it should be deleted in that case.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said he had the same question.                                                                             
                                                                                                                                
9:15:17 AM                                                                                                                    
CHAIR COGHILL moved Conceptual Amendment 1.                                                                                     
                                                                                                                                
                     CONCEPTUAL AMENDMENT 1                                                                                 
                                                                                                                                
     OFFERED IN THE SENATE         BY SENATOR COGHILL                                                                           
     TO:  SCR 3                                                                                                                 
                                                                                                                                
     Page 5, line 5:                                                                                                            
     Delete:                                                                                                                    
          (10) hire consultants and experts; and be it                                                                          
                                                                                                                                
CHAIR COGHILL  found no objection  and announced  that Conceptual                                                               
Amendment 1 passed.                                                                                                             
                                                                                                                                
He stated support for the  resolution and his expectation that it                                                               
would move from committee with a forthcoming zero fiscal note.                                                                  
                                                                                                                                
9:16:20 AM                                                                                                                    
SENATOR WIELECHOWSKI asked  if travel costs or per  diem would be                                                               
paid.                                                                                                                           
                                                                                                                                
SENATOR  MCGUIRE answered  there would  be  no per  diem and  the                                                               
intention  was to  use legislative  legal expertise,  legislative                                                               
research services, and consultants already on contract.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI asked about travel costs.                                                                                  
                                                                                                                                
SENATOR MCGUIRE said  there are no public members so  no per diem                                                               
or travel costs will be paid.                                                                                                   
                                                                                                                                
9:17:24 AM                                                                                                                    
SENATOR  MCGUIRE  moved  to  report   SCR  3,  as  amended,  from                                                               
committee  with individual  recommendations and  forthcoming zero                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR COGHILL found no objection  and announced that CSSCR 3(JUD)                                                               
moved from the Senate Judiciary Standing Committee.