Legislature(1995 - 1996)
01/25/1995 01:30 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SJUD - 1/25/95
SJR 7 RELATING TO MANDATES IMPOSED ON THE STATES
BY THE FEDERAL GOVERNMENT
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:32 p.m. and announced SENATORS GREEN, ELLIS and MILLER
to be present. He stated the committee would hear SJR 7. SENATOR
ADAMS arrived.
Joe Ambrose, staff to SENATOR TAYLOR, explained to committee
members that SJR 7 is identical to joint resolutions passed by six
states, introduced in 12 other states and sponsored in an
additional 20 states. SJR 7 is representative of what has become
a national movement, started in the West, to reassert the
sovereignty of the people and the individual states under the Tenth
Amendment. SJR 7 would send a strong, clear message to Congress
that Alaska is ready to claim her rights under the Tenth Amendment.
Those rights include the power to choose whether or not to
implement mandates imposed on the states by Congress which fails to
recognize the intent of the Founding Fathers in limiting the powers
of the central government.
Mr. Ambrose continued to say that past Alaska Legislatures have
protested individual mandates in numerous resolutions without
result. SJR 7 will strengthen resolve of those members of Congress
currently working to end the tyranny of unfunded and
unconstitutional mandates. He stated he has been working since the
beginning of last interim with groups all over the country for
passage nationwide of resolutions similar to SJR 7. Regarding the
argument that it is only a resolution and does not have the force
of law, Mr. Ambrose quoted Senator Charles Duke of Colorado, the
sponsor of the first resolution of its kind to pass, to say "Our
Declaration of Independence had no force of law."
Number 035
SENATOR ADAMS referred to lines 15 and 16 of page 1 (New York v.
United States) and asked for an explanation of the provisions of
the legal decision.
Number 045
Mr. Ambrose replied he did not have that material with him but he
would provide Senator Adams with a copy.
Number 047
SENATOR ADAMS stated that he would like to understand that ruling
before passing the resolution out of committee. SENATOR ADAMS
noted that he understood SJR 7 to relate to mandates imposed on the
states. He questioned whether to change SJR 7 to refer
specifically to unfunded mandates that the federal government
imposes on the State of Alaska. He added that when looking back at
cutting the budget and reviewing some of the funding processes
mandated to Alaska, such as the American Disabilities Act and
asbestos hazards, we should be collecting some money. He asked
SENATOR TAYLOR, as sponsor of SJR 7, if this vehicle could be used
to relate to unfunded mandates imposed on states.
Number 053
SENATOR TAYLOR replied he would rather use another vehicle.
Number 068
SENATOR ADAMS stated SJR 7 also deals with the issue of
sovereignty. He noted he would like the State of Alaska to solve
its sovereignty rights issue before continuing with SJR 7 because
there are villages that would like this issue reviewed, i.e., who
has the right of what powers, whether it be judicial, taxation,
etc. SENATOR ADAMS asked if the committee could hold on SJR 7
until the State of Alaska could solve its own sovereignty issue.
Number 085
SENATOR TAYLOR felt it would be best to put that in a different
vehicle also.
Number 088
SENATOR ADAMS stated he would like to see the decision in the N.Y.
v. United States case. SENATOR TAYLOR assured committee members
they would receive a copy of that decision.
Number 093
SENATOR ELLIS referred to SJR 5 and noted its similarity to SJR 7.
He asked why the committee was dealing with SJR 7 rather than SJR
5 and asked if the bills contained divergent language. SENATOR
ELLIS noted for the committee record that there is a resolution on
the same subject with a lower number, sponsored by a minority
member, that is not being considered by the committee. SENATOR
ELLIS read lines 6-10 on page 2 of SJR 5 to the committee and
explained that Vice President Gore has a report that recommends
that Congress do what SJR 7 requests. He felt SJR 7 would have
more impact on Congress if that language were included and asked
SENATOR TAYLOR to consider doing so.
Number 134
SENATOR TAYLOR clarified that SJR 5 and SJR 7 are complementary but
not identical. SENATOR ELLIS felt lines 6-10, page 2 of SJR 5 was
the only provision from SJR 5 that would benefit SJR 7.
Number 145
SENATOR MILLER felt SJR 7 includes unfunded mandates since it
refers to all mandates, whether funded or unfunded, and therefore
is more inclusive than SJR 5.
Number 152
SENATOR ADAMS supported the argument of SENATOR MILLER and
suggested that a "Whereas" clause be added to specify unfunded
mandates.
Number 160
SENATOR TAYLOR clarified that SJR 7 encompasses both funded and
unfunded mandates.
Number 162
SENATOR ADAMS suggested it be added as a friendly amendment.
Number 170
SENATOR ELLIS moved that the committee include the following
language as a "Whereas" clause and renumber the sections
accordingly.
Whereas the vice-president of the United States in the
"Report of the National Performance Review" has
recommended that unfunded mandates imposed on the states
be cut, that the Congress refrain from imposing new
mandates, and that an executive order be issued to limit
the use of unfunded mandates in legislative proposals and
the circumstances under which federal agencies may impose
new mandates;
SENATOR ELLIS reiterated the clause strengthens SJR 7 by pointing
out that Vice President Gore has a report that supports the premise
of SJR 7.
Number 190
SENATOR TAYLOR opposed the language at this point in time as he
wanted the chance to see if it could be addressed on page 1, line
13. He added it could be included as an amendment on the floor.
SENATOR TAYLOR asked for discussion.
Number 203
SENATOR ADAMS stated he was opposed to the passage of SJR 7 because
he had not seen the judicial decision on N.Y. v. United States.
Number 205
SENATOR TAYLOR announced the first motion before the committee was
to adopt the amendment offered by SENATOR ELLIS. The roll was
taken with the following result: SENATORS TAYLOR, GREEN and MILLER
voted "Nay" and SENATORS ELLIS and ADAMS voted "Yea." The Chairman
stated the motion failed.
SENATOR MILLER moved SJR 7 out of committee with individual
recommendations. SENATOR ADAMS objected. The roll was taken with
the following result: SENATORS GREEN, MILLER and TAYLOR voted
"Yea" and SENATORS ELLIS and ADAMS voted "Nay." The motion passed.
There being no further business before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 1:46 p.m.
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