Legislature(2013 - 2014)BUTROVICH 205

04/08/2014 09:00 AM Senate STATE AFFAIRS


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Audio Topic
09:06:59 AM Start
09:07:51 AM HB217
09:36:49 AM Confirmation Hearings
09:46:00 AM SB30
10:11:32 AM HB310
10:29:54 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 30 TEACHERS & PUB EMPLOYEE RETIREMENT PLANS TELECONFERENCED
Heard & Held
+ HB 217 DR. WALTER SOBOLEFF DAY TELECONFERENCED
Moved HB 217 Out of Committee
+ HB 310 U.S. CONSTITUTIONAL CONVENTION DELEGATES TELECONFERENCED
Moved CSHB 310(STA) am Out of Committee
Confirmation Hearings:
Quinlan Steiner, Public Defender, Director
Alaska Public Defender Agency
Kathleen Frederick, Chief Administrative Law
Judge, Office of Administrative Hearings
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 310-U.S. CONSTITUTIONAL CONVENTION DELEGATES                                                                     
                                                                                                                                
10:11:32 AM                                                                                                                   
CHAIR DYSON announced the consideration of HB 310. [CSHB
310(STA) AM was before the committee for the first hearing.]                                                                    
                                                                                                                                
10:11:52 AM                                                                                                                   
At ease from 10:11 a.m. to 10:13 a.m.                                                                                           
                                                                                                                                
10:13:42 AM                                                                                                                   
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature, Juneau,                                                                 
Alaska, sponsor of HB 310, introduced the legislation speaking                                                                  
to the following sponsor statement:                                                                                             
                                                                                                                                
                                                                                                                                
     HB 310  defines the  process of delegate  selection and                                                                    
     duties of delegates selected to  represent the State of                                                                    
     Alaska  at  a Convention  of  the  States called  under                                                                    
     Article  V of  the Constitution  of the  United States.                                                                    
     When a Convention  of the States is  called, the Alaska                                                                    
     State Legislature  shall by a joint  resolution appoint                                                                    
     delegates, alternate  delegates and an observer  to the                                                                    
     convention.  All  delegates   will  serve  their  state                                                                    
     without  compensation.  Before  the  convening  of  the                                                                    
     Convention of  the States,  the state  legislature will                                                                    
     provide instructions to  delegates, alternate delegates                                                                    
     and observer  by joint resolution regarding  the topics                                                                    
     to  be  discussed and  voted  upon.  Each delegate  and                                                                    
     alternate   delegate  will   be  sworn   in  and   will                                                                    
     faithfully discharge all of the  duties provided by the                                                                    
     Alaska  State Legislature.  The legislature  can recall                                                                    
     any  selected delegates  or observer  at  any time  and                                                                    
     appoint  a  new  delegate,  alternate  delegate  or  an                                                                    
     observer by  joint resolution. Votes cast  by delegates                                                                    
     that  are   outside  of  the  scope   of  the  provided                                                                    
     instructions  by  the   Alaska  State  Legislature  are                                                                    
     considered ultra  vires and  void. Delegates  who casts                                                                    
     or attempts to cast  non-authorized votes is subject to                                                                    
     immediate replacement  by an alternate delegate  and is                                                                    
     guilty  of a  class C  felony  and may  be punished  as                                                                    
     provided in AS 12.55.                                                                                                      
                                                                                                                                
REPRESENTATIVE  T. WILSON  related  that the  amendment that  was                                                               
made  on the  House  floor  removed the  felony  charges for  any                                                               
delegate  who  didn't   follow  the  legislature's  instructions.                                                               
Furthermore,   there  will   be  just   two  delegates   and  the                                                               
compensation isn't determined.                                                                                                  
                                                                                                                                
10:16:40 AM                                                                                                                   
CHAIR DYSON asked which version was before the committee.                                                                       
                                                                                                                                
REPRESENTATIVE  T. WILSON  replied  it's version  C.A. She  noted                                                               
that most  states that intend  to send delegates to  a convention                                                               
of the  states have  passed a  bill to  that effect.  She posited                                                               
that  the  most  important  part   is  for  each  legislature  to                                                               
determine  whether they  want  the delegates  to  talk about  all                                                               
three  topics, offer  suggestions, or  submit amendments  for the                                                               
delegates to consider.                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if appointing  two delegates  is the                                                               
standard.                                                                                                                       
                                                                                                                                
REPRESENTATIVE T.  WILSON offered that having  just two delegates                                                               
makes it  easier to  realize who  is following  the instructions.                                                               
That number was inserted by the House State Affairs Committee.                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI questioned locking in the number.                                                                          
                                                                                                                                
REPRESENTATIVE T. WILSON  said she isn't tied to  the number, but                                                               
there doesn't seem to be a  standard. Regardless of the number of                                                               
delegates, each state gets just one vote, she said.                                                                             
                                                                                                                                
10:20:59 AM                                                                                                                   
CHAIR DYSON  pointed out that  in order  to get to  a convention,                                                               
there has to be convergence  on the subject. His understanding is                                                               
that the  state wouldn't be  excluded dependent on the  number of                                                               
delegates it sends.                                                                                                             
                                                                                                                                
REPRESENTATIVE T. WILSON agreed.                                                                                                
                                                                                                                                
CHAIR DYSON  commented on the two  or three groups in  the nation                                                               
working on this  process and his goal of ensuring  that Alaska is                                                               
in the queue no matter what happens.                                                                                            
                                                                                                                                
REPRESENTATIVE  T.  WILSON  added  that the  bill  specifies  two                                                               
delegates and two alternates.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  asked if she  had any comment on  the email                                                               
Mike Coons sent  highlighting subsection (d) on page  2, lines 8-                                                               
12, that abdicates state sovereignty.                                                                                           
                                                                                                                                
REPRESENTATIVE T.  WILSON said that  Mr. Coons indicated  that he                                                               
would  call in  today and  explain his  position if  didn't agree                                                               
with the language in the bill.                                                                                                  
                                                                                                                                
10:24:23 AM                                                                                                                   
MIKE  COONS,  Regional  Director,  Citizen  Initiatives,  Palmer,                                                               
Alaska, said he  supports the intent of HB 310,  but the language                                                               
on   page  2,   lines  8-12   abdicates  state   sovereignty  and                                                               
potentially makes  the convention  a deliberative body  and opens                                                               
the door for  large states to make the rules.  He also questioned                                                               
the intention  of the  instructions on page  2, lines  13-17, and                                                               
noted that Ohio,  Michigan, and Georgia have passed a  call for a                                                               
convention  of  the states  to  propose  the  single topic  of  a                                                               
balanced budget amendment.                                                                                                      
                                                                                                                                
He said he  has no problem with codifying the  criminal aspect of                                                               
a delegate  who violates their  oath, but  this bill is  just one                                                               
part of  the issue. To maintain  the sovereignty of the  State of                                                               
Alaska, it  must have a  delegate resolution that not  only binds                                                               
the delegates, but  also ensures that under Article  4, Section 4                                                               
of  the U.S.  Constitution  that  there is  one  state one  vote,                                                               
language that  lays out the  rules of the convention  in advance,                                                               
and  any   pre-approved  amendment.  He  reported   that  Citizen                                                               
Initiatives  is  working  to  be the  facilitator  to  the  state                                                               
legislatures  as  to  the  resolution and  amendment  so  that  a                                                               
majority  of the  states  have  the same  language  prior to  the                                                               
convention.  He  noted  that  he  sent  the  Citizen  Initiatives                                                               
proposed  delegate   resolution,  which   will  ensure   a  safe,                                                               
efficient, and concise convention.                                                                                              
                                                                                                                                
CHAIR DYSON asked  if passing the bill in  this legislature would                                                               
preclude addressing his concerns and suggestions.                                                                               
                                                                                                                                
MR.  COONS answered  that it  wouldn't preclude  a change  in the                                                               
future. He  added that the  Citizen Initiatives  resolution would                                                               
further  define how  the convention  would be  run; if  26 states                                                               
pass  the  same  or  a similar  delegate  resolution  they  would                                                               
control  the convention.  This would  prevent the  more populous,                                                               
liberal states from running rough shod over the states with less                                                                
population.                                                                                                                     
                                                                                                                                
CHAIR DYSON closed public testimony and solicited a motion.                                                                     
                                                                                                                                
10:29:33 AM                                                                                                                   
SENATOR GIESSEL moved to report CS for HB 310(STA) AM, labeled                                                                  
28-LS0991\C.A, from committee with individual recommendations                                                                   
and attached fiscal note(s).                                                                                                    
                                                                                                                                
10:29:49 AM                                                                                                                   
CHAIR DYSON announced that without objection, CSHB 310(STA) AM                                                                  
is reported from the Senate State Affairs Standing Committee.                                                                   

Document Name Date/Time Subjects
HB0217A.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
HB 217 Sectional Summary.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
HB0217-1-2-022114-ADM-N.pdf SSTA 4/8/2014 9:00:00 AM
HB 217
2 (b)CSHB 310 C.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
2 (a)HB 310 Ver U.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
2 (c)CSHB 310 C A.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
3 HB 310 Sponsor Statement.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
4 CSHB 310 ver C Explanation of Changes.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
5 CSHB 310 (STA) Fiscal Note.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (a)CSHB 310 Ver C Supporting Document - Delegate qualifications.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (b)HB 310 Supporting Document Indiana SB 224.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
SB 224
6 (c)CSHB 310 Ver C Supporting Document Limits on Delegate authority.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (d)HB 310 Supporting Document HB 284.pdf SSTA 4/8/2014 9:00:00 AM
HB 284
HB 310
6 (e)HB 310 Supporting Document HJR 17 History Legislation and Congressional Record.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (f)HB 310 Supporting Document HJR Resolution 22.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
6 (g)HB 310 Supporting Document Indiana Code.pdf SSTA 4/8/2014 9:00:00 AM
HB 310
Chief Administative Law Judge - Frederick #5.pdf SSTA 4/8/2014 9:00:00 AM
Public Defender - Steiner #5.pdf SSTA 4/8/2014 9:00:00 AM