Legislature(2015 - 2016)SENATE FINANCE 532
04/05/2016 05:00 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB126 | |
| SB154 | |
| SCR4 | |
| SB69 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 126 | TELECONFERENCED | |
| + | SB 154 | TELECONFERENCED | |
| + | SCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 69 | TELECONFERENCED | |
SENATE CONCURRENT RESOLUTION NO. 4
Relating to the duties of delegates selected by the
legislature to attend a convention of the states
called under art. V, Constitution of the United
States, to consider a countermand amendment to the
Constitution of the United States; establishing as a
joint committee of the legislature the Delegate
Credential Committee and relating to the duties of the
committee; providing for an oath for delegates and
alternates to a countermand amendment convention;
providing for a chair and assistant chair of the
state's countermand amendment delegation; providing
for the duties of the chair and assistant chair;
providing instructions for the selection of a
convention president; and providing specific language
for the countermand amendment on which the state's
convention delegates are authorized by the legislature
to vote to approve.
5:34:19 PM
SENATOR BILL STOLTZE, SPONSOR, explained the resolution:
SJR 15 and SCR 4 seek to restore the balance of power
between the states and federal government. The pair of
resolutions would strengthen state sovereignty by
providing states with veto (countermand) power over
federal decisions deemed not in their best interest by
establishing an amendment to the U.S. Constitution.
These two resolutions in tandem are intended to start
the process of amending the US Constitution via the
powers granted in Article V.
SJR 15 (The Application) provides Alaska's call to
Congress for a clearly defined, single-issue
Countermand Amendment Convention. The Countermand
Amendment to the United States Constitution, when
ratified, will allow states to propose Countermand
Initiatives, which upon approval by three-fifths of
the state legislatures, will repeal any federal
statute, executive order, judicial decision, or
regulatory decision listed in the Initiative.
SCR 4 (The Delegate Resolution) enables the state
legislature to institute parameters for the
convention, ensuring that a "runaway convention" is
not possible, and provides for a productive, safe and
timely process. The Delegate Resolution establishes a
Credential Committee for selection of delegates to the
convention, and outlines the duties of the delegates.
SCR 4 also includes the language of the proposed
Countermand Amendment to the U.S. Constitution.
These two resolutions do not pertain to a conservative
versus liberal agenda; this is a state versus federal
issue. Passage of these resolutions is an actionable
step the Legislature can take toward restoration of
the proper balance of state and federal powers.
5:36:07 PM
STUART KRUEGER, STAFF, REPRESENTATIVE SHELLEY HUGHES,
explained the Sectional Analysis (copy on file):
Resolve 1
Pg 2 ln 26: Authorizes the legislature to appoint and
summon delegates for the amendment convention.
Resolve 2
Pg 2, ln 29: Gives the legislature authority to decide
the qualifications and total number of delegates to
send to the convention.
Resolve 3
Pg 3, ln 1: Gives the legislature the ability to add
or remove delegates and
Resolve 4
Pg. 3, Ln 6: Provides parameters and instructions for
state's delegates at the convention.
Prohibits delegates from voting for any other
amendments, outside of the countermand amendment,
at the convention.
Resolve 5
Pg 3, ln 13: Reserves the countermand amendment as the
only amendment for consideration for ratification by
the legislatures.
Resolve 6
Pg 3, ln 15
Upon a call for convention by 34 states, this resolve
allows for establishing of the Delegate Credential
Committee within the Alaska Legislature, with duties
listed in section A.
Speaker of the House shall appoint three members from
the House, one being a minority caucus member. The
President of the Senate shall appoint three members of
the Senate, one being a minority caucus member.
Resolve 7
Pg 3, ln 24
Provides for replacement procedure for members of the
Delegate Credential Committee.
Resolve 8
Allows for selection of co-chairs of the Delegate
One co-chair from the House, one from
Pg 3, ln 26
Credential Committee
the Senate. Along with staff
assignments for committee support.
Resolve 9
Pg 3, ln 30
Establishes when Delegate Credential Committee can
meet.
Resolve 10
Pg 4, ln 1
Acknowledges that the Delegate Credential Committee
will continue until the first day of the Thirtieth
Alaska State Legislature.
Resolve 11
Pg 4, ln 3
Requests that the Delegate Credential Committee be
considered for reestablishment during the Thirtieth
Alaska Legislature.
Resolve 12
Pg 4, ln 6
Provides for removal and replacement procedure for
members of the Delegate Credential Committee
Members are removed or replaced by the presiding
officer that appointed them.
Resolve 13
Section A.
Pg 4, ln 17
Provides the duties of the Delegate Credential
Committee.
Majority vote on decisions, official facilitator for
the legislature, appointment of delegates, provide a
committee report on selected delegates, appointing
chair and assistant chair of delegation, properly vet
and confirm delegates, issue convention passes to
delegates, notify legislature of financial needs at
the convention, administer oaths to the delegates,
alternates, chair and assistant chair, monitor
activities of Alaska's delegation, submit quarterly
reports to the legislature on events, progress, and
recommendations for the convention, authority to
recommend removal of a delegate or alternate for
approval by the legislature.
Resolve 13
Section B
Pg 6, ln 11
Provides for the duties of the chair of Alaska's state
delegation and the president of the convention,
Chair is responsible for communicating with other
state delegations to open convention for business;
identifying other legislatures that have approved a
delegate resolution; build consensus with at least 26
state delegations to require that each state
delegation at the convention has only one vote;
require a simple majority vote at all roll calls;
nominate convention officials; require a quorum of 26
state to conduct business; build a consensus of at
least 26 states to support sending the countermand
amendment for ratification; work to conclude
convention in 21 days, or no longer than 180 days;
nominate a candidate for convention president from
Alaska's delegation, or work to elect a president
Resolve 13
Section B, J
Pg 7, ln 31
Under duties of the Alaska delegation chair, includes
supporting the following duties of the convention
president.
Convention president duties include: securing a vote
for this delegate resolution to be the rules of order
at the convention; focus on the purpose of sending the
countermand amendment for ratification by the states;
request security measures as needed; oversee
installment of officers at the convention; establish
convention agenda; provide equal time for floor
discussion for all states; to prohibit introduction of
any subject other than the countermand amendment; call
for a vote for sending countermand amendment to the
states; report to 50 state legislatures, and the media
on convention progress; provide formal requests, when
needed, to states for money that will be needed to
carry on business; oppose any effort to delay or
modify the countermand amendment vote; oppose any
effort by states to offer amendments other than the
countermand amendment
Resolve 13
Section C
Pg 10, ln 3
Addresses duties and responsibilities of convention
delegates.
Delegate duties include: comply with directives in
this resolution; follow instructions of the chair and
assistant chair of Alaska's delegation; be present to
vote at all roll calls; attend all assigned sessions
at the convention; report to the delegation chair the
number of states in favor of the countermand
amendment; recommend strategies to help join 26 states
in favor of the countermand amendment
Resolve 13
Section D
Pg 11, Ln 1
Addresses duties and responsibilities of convention
delegate alternates.
Resolve 13
Section E
Pg 11, Ln 8
Provides the text for the countermand amendment to the
United States Constitution.
5:40:41 PM
MICHAEL SCHECHTER, ATTORNEY GENERAL'S OFFICE, ANCHORAGE
(via teleconference), stated that he was available for
questions.
Co-Chair MacKinnon queried any technical errors in the
resolution. Mr. Schechter replied that the there was an
issue related to how the constitutional convention process
would work. The process had never been used in the United
States.
Senator Stoltze stated that he hoped that there would be a
point when the questions would be addressed.
5:44:18 PM
MIKE COONS, NATIONAL LEGISLATIVE DIRECTOR, CITIZEN
INITIATIVES, PALMER (via teleconference), testified in
support of the legislation.
Co-Chair MacKinnon CLOSED public testimony.
SCR 4 was HEARD and HELD in committee for further
consideration.
5:49:23 PM
AT EASE
5:49:57 PM
RECONVENED