Legislature(1995 - 1996)
04/06/1995 03:35 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
April 6, 1995
3:35 p.m.
MEMBERS PRESENT
Senator Bert Sharp, Chairman
Senator Randy Phillips, Vice-Chairman
Senator Loren Leman
Senator Dave Donley
MEMBERS ABSENT
Senator Jim Duncan
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 20(STA)
Relating to unfunded federal mandates and the Conference of the
States.
PREVIOUS SENATE COMMITTEE ACTION
HJR 20 - No previous senate committee action.
WITNESS REGISTER
Wayne Maloney, Aide to Representative Barnes
State Capitol, Juneau, Alaska, 99801-1182¶465-3438
POSITION STATEMENT: prime sponsor of HJR 20
Ladd McBride
P.O. Box 83567, Fairbanks, AK 99708¶479-8096
POSITION STATEMENT: opposed to HJR 20
Mary Linthicum
330 3rd Ave., #414, Fairbanks, AK 99701¶452-3764
POSITION STATEMENT: opposed to HJR 20
Kevin Thomas
P.O.Box 90906, Anchorage, AK 99509¶345-7438
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Bob Griffin
P.O. Box 770889, Eagle River, AK 99577¶244-3416
POSITION STATEMENT: opposed to HJR 20
Joanne Swanner
240 Pettis, Anchorage, AK 99515¶344-5151
POSITION STATEMENT: testified on HJR 20
Dr. Robert Pontius
P.O. Box 872120, Wasilla, AK 99687¶376-2599
POSITION STATEMENT: opposed to HJR 20
Shayne Holmes
801 Gail Drive, Wasilla, AK 99654¶378-1089
POSITION STATEMENT: opposed to HJR 20
Jane Weger (?)
NRA grass roots coordinator for Alaska
Address & Telephone number unknown
POSITION STATEMENT: opposed to HJR 20
Charles Dickson
P.O. Box 2018, Soldotna, AK 99669¶262-6020
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Leon Quesnell
516 Hemlock Ave., Kenai, AK 99611¶283-4152
POSITION STATEMENT: opposed to HJR 20
Susan Ross
P.O. Box 198, Kasilof, AK 99610¶262-5479
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Mark Ames
P.O. Box 368, Barrow, AK 99723¶852-5527
POSITION STATEMENT: opposed to HJR 20
Julian-Paul Weir
P.O. Box 275, Glennallen, AK 99588¶822-3902
POSITION STATEMENT: opposed to HJR 20
Ed Knoebel
P.O. Box 84, Glennallen, AK 99588¶822-3208
POSITION STATEMENT: opposed to HJR 20
Maurice Stout
P.O. Box 279, Tok, AK 99780
POSITION STATEMENT: testified on HJR 20
Patrick Dalton
P.O. Box 1413, Delta Junction, AK 99737
POSITION STATEMENT: gave testimony unfavorable to HJR 20
David Bentley
41955 Spencer Dr., Homer, AK 99603¶235-7389
POSITION STATEMENT: testified on HJR 20
Bernard Goodno
P.O. Box 92, Delta Junction, AK 99737¶895-4000
POSITION STATEMENT: opposed to HJR 20
Jim Roderick
P.O. Box 916, Homer, AK 99603¶235-4070
POSITION STATEMENT: opposed to HJR 20
Jack Polster
Homer, AK 99603
POSITION STATEMENT: opposed to HJR 20
Kathleen Wedemeyer
7 Marietta, #7, Fairbanks, AK 99701¶456-6762
POSITION STATEMENT: opposed to HJR 20
Gregory Garrels
1176 Broadview Dr., Fairbanks, AK 99712¶457-3543
POSITION STATEMENT: opposed to HJR 20
Michael Wedemeyer
3095 Mack Blvd., Fairbanks, AK 99701¶479-8764
POSITION STATEMENT: opposed to HJR 20
C.R. Lewis
1500 Post Road, Anchorage, AK 99501¶276-3624
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Rocky Frank
1601 Wolverine, Anchorage, AK 99504¶333-8883
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Robert Kottre
921 W. 56th Ave., Anchorage, AK 99518¶561-8736
POSITION STATEMENT: opposed to HJR 20
Carmie Gilbert
P.O. Box 872414, Wasilla, AK 99687¶376-2599
POSITION STATEMENT: opposed to HJR 20
Dan Gifford
P.O. Box 874803, Wasilla, AK 99687¶376-5606
POSITION STATEMENT: opposed to HJR 20
Anthony McNabb
P.O. Box 872783, Wasilla, AK 99687¶376-4778
POSITION STATEMENT: opposed to HJR 20
Leonard Efta
P.O. Box 353, Kenai, AK, 99611¶283-7670
POSITION STATEMENT: testified on HJR 28
Gary Superman
P.O. Box 8425, Nikiski, AK 99635¶776-8448
POSITION STATEMENT: opposed to HJR 20
Seymour Mills
P.O. Box 51, Sterling, AK 99672¶262-9289
POSITION STATEMENT: opposed to HJR 20
Keith Elkins
68170 Centurion Dr., Homer, AK 99603¶235-6053
POSITION STATEMENT: gave testimony unfavorable to HJR 20
John Glanville
P.O. Box 1792, Homer, AK 99603¶235-7703
POSITION STATEMENT: opposed to HJR 20
Larry Slone
1204 Ocean Dr., #1, Homer, AK 99603
POSITION STATEMENT: opposed to HJR 20
Kathleen Moore
4631 Kachemak Bay Dr., Homer, AK 99603¶235-7959
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Art Griswold
Alaska Independence Party
833 Runamuck Ave., Fairbanks, AK 99705¶488-7805
POSITION STATEMENT: opposed to HJR 20
Pat Cook
238 Well Street, Fairbanks, AK 99701¶452-3637
POSITION STATEMENT: opposed to HJR 20
David Dohner
P.O. Box 84361, Fairbanks, AK 99708¶479-5739
POSITION STATEMENT: opposed to HJR 20
Sandor Manyoky
3900 E. 112th, Anchorage, AK 99516¶344-4108
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Susan Manyoky
3900 E. 112th, Anchorage, AK 99516¶344-4108
POSITION STATEMENT: opposed to HJR 20
Deanna Cresap
22135 Aurora Borealis, Anchorage, AK 99567¶688-1090
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Barbara Swallow
2500 Whispering Woods Dr., Wasilla, AK 99654¶373-2303
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Gretchen O'Barr
801 Lucas Road, Wasilla, AK 99654¶373-2569
POSITION STATEMENT: testified on HJR 20
Michael A. Nelson
P.O. Box 870471, Wasilla, AK 99687¶376-3130
POSITION STATEMENT: gave testimony unfavorable to HJR 20
Brad Turkington
P.O. Box 2889, Soldotna, AK 99669¶776-5870
POSITION STATEMENT: opposed to HJR 20
Tom Scarborough
1676 Taroka Dr., Fairbanks, AK 99709¶479-3412
POSITION STATEMENT: opposed to HJR 20
Joy Cook
1853 Kendall, North Pole, AK 99705¶488-0488
POSITION STATEMENT: opposed to HJR 20
Carla Von Ron Ceilier
P.O. Box 75288, Fairbanks, AK 99707¶452-8764
POSITION STATEMENT: opposed to HJR 20
Charles McKee
P.O. Box 143452, Anchorage, AK 99514
POSITION STATEMENT: opposed to HJR 20
Samuel Haywood
2221 Muldoon Rd., #561, Anchorage, AK 99504¶333-6930
POSITION STATEMENT: opposed to HJR 20
Kenneth Smith
4705 E. 112th, Anchorage, AK 99516¶346-3374
POSITION STATEMENT: opposed to HJR 20
Dave Rutz
555 Agate Lane, Wasilla, AK 99654¶376-5763
POSITION STATEMENT: opposed to HJR 20
Donald Graber
P.O. Box 874566, Wasilla, AK 99687¶376-6596
POSITION STATEMENT: opposed to HJR 20
Dr. John Thomas
300 W. Swanson, #109, Wasilla, AK 99654¶376-2600
POSITION STATEMENT: opposed to HJR 20
David Crawford
HC32 Box 6550, Wasilla, AK 99654¶376-2569
POSITION STATEMENT: opposed to HJR 20
Lillian Villwok
P.O. Box 210027, Anchorage, AK 99521¶333-2217
POSITION STATEMENT: opposed to HJR 20
Barbara Fix
P.O. Box 3681, Palmer, AK 99645¶746-5800
POSITION STATEMENT: testified on HJR 20
ACTION NARRATIVE
TAPE 95-15, SIDE A
Number 001
CHAIRMAN SHARP calls the Senate State Affairs Committee to order at
3:35 p.m. and brings up HJR 20 as the first order of business
before the committee. Chairman Sharp informed witnesses that
testimony will be limited to 3 minutes, due to the number of people
wishing to testify.
Number 022
SENATOR RANDY PHILLIPS asks if there will be another opportunity
for witnesses to testify.
Number 030
CHAIRMAN SHARP recognizes that there may not be enough time for
everyone to testify on HJR 20 during today's hearing. The chairman
stated there will probably be another hearing on the resolution at
a future date, possibly April 18, 1995.
CHAIRMAN SHARP calls the sponsor's representative to give a
statement.
Number 073
WAYNE MALONEY, Aide to Representative Ramona Barnes, prime sponsor
of HJR 20, reads a written statement which was submitted to the
committee.
[Mr. Maloney repeats his remarks, because the witness microphone
was not working and listeners on teleconference were unable to hear
him.]
Number 190
MR. MALONEY states there is no chance a conference of the states
could lead to a constitutional convention.
Number 215
LADD MCBRIDE, testifying from Fairbanks, gives testimony in
opposition to HJR 20.
Number 237
MARY LINTHICUM, testifying from Fairbanks, gives testimony in
opposition to HJR 20.
Number 246
KEVIN THOMAS, testifying from Anchorage, gives testimony
unfavorable to HJR 20.
Number 266
BOB GRIFFIN, testifying from Anchorage, gives testimony in
opposition to HJR 20.
JOANNE SWANNER, testifying from Anchorage, states she opposes
changing the constitution.
Number 337
SENATOR LEMAN asks what language in HJR 20 specifies changing the
U. S. Constitution. He wants to make sure we are all reading off
the same resolution.
MR. MALONEY responds that the resolution does not propose any
constitutional changes. It authorizes the State of Alaska to send
a delegation to a conference of the states.
SENATOR LEMAN asks Ms. Swanner what part of the resolution she
thinks would allow changes to the constitution.
MS. SWANNER replies she has not read anything in the resolution
that makes her think the constitution could be changed at a
conference of the states.
SENATOR LEMAN asks Ms. Swanner to clarify whether she stated in her
original testimony that the resolution proposes amending the U.S.
Constitution.
MS. SWANNER confirmed she did testify that HJR 20 would allow
amendments to the constitution. It is something that she heard.
SENATOR LEMAN is concerned that people are interpreting that HJR 20
would allow a constitutional convention. He states the committee
has some legal opinions regarding that. He wants to make clear
that the resolution itself does not state that it is the intent of
the conference of the states to propose changes to the
constitution.
Number 340
MR. MALONEY draws committee members' attention to a flow chart in
members' packets, which is a lengthy description of what is
expected from this conference of the states. Mr. Maloney stresses
that nothing that the conference of the states does could possibly
be viewed as circumventing the constitutional amendment process in
any way, shape, or form.
ROBERT PONTIUS, testifying from Wasilla, states he has heard that
a conference of the states could develop into a constitutional
convention. He urges the senate to kill HJR 20.
Number 385
SHAYNE HOLMES, testifying from Wasilla, states he strongly opposes
HJR 20.
SENATOR RANDY PHILLIPS asked Mr. Holmes if he has seen the
resolution.
MR. HOLMES replies he has.
Number 418
JANE WEGER, NRA grass roots coordinator for Alaska, states the NRA
opposes HJR 20. Ms. Weger states the NRA also opposes a
constitutional convention.
SENATOR LEMAN agrees with Ms. Weger that a total rewrite of both
the state and the federal constitutions is not necessary.
Number 439
CHARLES DICKSON, testifying from Soldotna, states HJR 20 is
unnecessary.
Number 458
LEON QUESNELL, Testifying from Soldotna, states he opposes HJR 20,
because he thinks it could degenerate into a constitutional
convention.
Number 463
SENATOR RANDY PHILLIPS asks for clarification on what would happen
if there was a possibility that a conference of the states could
change into a constitutional convention. Even if changes were
proposed to the constitution, wouldn't 38 states still have to
ratify those changes?
Number 469
MR. MALONEY replies, with all due respect to the testimony the
committee has received so far, that governors from all fifty states
participate in the conference. In addition, there would be 200
state legislators participating: two democrats and two republicans
from each state. This would be a very responsible group of
individuals.
SENATOR RANDY PHILLIPS asks Mr. Maloney to conjecture what would
happen if these participants were irresponsible. If they did want
to amend the constitution, wouldn't that still have to go back to
the states for ratification?
MR. MALONEY responds that even if participants at a conference
stated they want to change the constitution, any of their actions
would simply be advisory. This does not trigger the Article V
device. No matter what the proposal, it will all have to come back
to the states. It will have to be considered by the states, and
then acted on by the congress, the same as any proposal or request
for a constitutional amendment would.
Number 483
SUSAN ROSS, testifying from Soldotna, states there will not be any
great statesmen at the conference, and that she does not have
confidence in the ability of any current legislators. She thinks
the legislature has passed many unconstitutional bills.
CHAIRMAN SHARP asks Ms. Ross to submit a list of bills passed in
the last legislature that she considers unconstitutional.
Number 504
MARK AMES, testifying from Barrow, states he agrees with all
previous testimony. Mr. Ames states he does not support HJR 20.
Mr. Ames reads his birth certificate.
Number 538
JULIAN-PAUL WEIR, testifying from Glennallen, states he is opposed
to HJR 20.
Number 547
ED KNOEBEL, testifying from Glennallen, states he is opposed to HJR
20. Mr. Knoebel asks for copies of the documents committee members
have in their bill packets.
CHAIRMAN SHARP replies the committee will send those documents to
Mr. Knoebel.
Number 560
MAURICE STOUT, testifying from Tok, asks several questions: how
will people be found to serve on the steering committee; how much
will it cost; and why is it necessary?
Number 575
MR. MALONEY refers to page 4 of one of the handouts for answers to
Mr. Stout's questions. As to the cost of the conference, the
fiscal note specifies a cost of $11,000.
Number 585
PATRICK DALTON, testifying from Delta Junction, thinks HJR 20 would
undermine the system, and perhaps completely destroy it. He thinks
there is a nation-wide media blackout on the subject.
TAPE 95-15, SIDE B
MR. DALTON thinks a conference of the states will have the ability
to call a constitutional convention.
Number 566
DAVID BENTLEY, testifying from Homer, states he agrees with most of
the previous statements. He suggests amending HJR 20 to assure a
conference of the states will not lead to a constitutional
convention.
BERNARD GOODNO, testifying from Delta Junction, states he opposes
HJR 20. He thinks it will lead to a constitutional convention, and
he opposes a constitutional convention.
Number 543
JIM RODERICK, testifying from Homer, thinks a conference of states
could be ruinous, and asks that Alaska not participate in such a
conference. He asks that HJR 20 be killed.
Number 530
JACK POLSTER, testifying from Homer, states he is opposed to HJR
20. He asks committee members to take out their copies of the U.S.
Constitution and read Article 1, Section 10 along with him.
Number 500
KATHLEEN WEDEMEYER, testifying from Fairbanks, states she is
opposed to HJR 20. She thinks there is a danger of a
constitutional convention occurring.
Number 475
GREGORY GARRELS, testifying from Fairbanks, states he is opposed to
HJR 20. Mr. Garrels submitted written testimony to the committee.
He thinks a conference of the states is a thinly disguised attempt
to convene a constitutional convention. Mr. Garrels asserts HJR 20
would allow 96 people to completely overturn the constitution.
Number 435
MICHAEL WEDEMEYER, testifying from Fairbanks, states a conference
of the states is unnecessary and a threat to the U.S. Constitution.
Mr. Wedemeyer asks the legislature to vote "No" on HJR 20.
Number 415
C.R. LEWIS, testifying from Anchorage, states that the moment the
Alaska State Legislature passes HJR 20, and appoints a delegation,
it is no longer accountable to the legislature of Alaska. Mr.
Lewis states it is a legal process, by which a revolutionary force
is consolidated. He thinks we are on the verge of releasing
sovereign powers to individuals.
Number 357
ROCKY FRANK, testifying from Anchorage, notes that no one so far
has spoken in favor of HJR 20. He states he will personally hold
legislators accountable if they vote for HJR 20. He asks why a
conference of the states is necessary, and asks how much it will
cost. Mr. Frank asks why we need a constitutional convention.
Number 315
ROBERT KOTTRE, testifying from Anchorage, states he is opposed to
HJR 20, because he thinks it will lead to a constitutional
convention.
Number 300
CARMIE GILBERT, testifying from Matsu, states he is opposed to HJR
20. He does not see any need to change the constitution, and asks
that HJR 20 be killed.
Number 282
DAN GIFFORD, testifying from Wasilla, states he is opposed to HJR
20 and a constitutional convention. He asserts he was mostly
instrumental in killing HJR 54 in 1990. Mr Gifford states the
Republican party is opposed to a constitutional convention. He
thinks that we will lose most of our rights.
Number 238
ANTHONY MCNABB, testifying from Wasilla, states he is opposed to
HJR 20 because he thinks it will destroy our present constitution
and lead to blood shed.
Number 220
LEONARD EFTA, testifying from Soldotna, asks why the states are
empowering their delegates to a conference of the states, and asks
why the delegates need power. He asks why there has been a media
blackout.
Number 193
GARY SUPERMAN, testifying from Soldotna, asks the committee to kill
HJR 20. He thinks the premise that the federal and state
governments should be on equal footing is ludicrous.
Number 136
SEYMOUR MILLS, testifying from Soldotna, states HJR 20 is
dangerous, and could lead to a constitutional convention. He
thinks the sponsors and the supporters of HJR 20 should be removed
from office immediately.
Number 107
KEITH ELKINS testifying from Homer, also thinks anyone in favor of
HJR 20 should be immediately removed from office and tried for
treason.
Number 088
JOHN GLANVILLE, testifying from Homer, states he also opposes HJR
20.
Number 085
LARRY SLONE, testifying from Homer, states he opposes HJR 20. He
thinks a conference of the states will turn into a constitutional
convention. He also questions the quality of participants in such
a conference, and asserts there are currently no great statesmen.
Number 057
KATHLEEN MOORE, testifying from Homer, states she agrees with
previous testimony.
TAPE 95-16, SIDE A
Number 002
ART GRISWOLD, Alaska Independence Party, testifying from Fairbanks,
states the Alaska Independence Party is opposed to a conference of
the states.
PAT COOK, testifying from Fairbanks, states there is no need for a
conference of the states.
Number 065
DAVID DOHNER, testifying from Fairbanks, states he is opposed to
HJR 20, because of the possibility of it being a constitutional
convention. If the legislature is really upset at the federal
government and wants to show it, just pass some laws, and throw
some EPA personnel or some BLM personnel in jail for violating
those laws. He raises issue with the fact that HJR 20 will only
allow democrats and republicans to attend a conference of the
states; he thinks an AIP member should be allowed to attend.
Number 085
SANDOR MANYOKY, testifying from Anchorage, wants to see more public
debate on HJR 20.
CHAIRMAN SHARP asks anyone unable to testify today to please send
written testimony to the committee, or be available to testify at
a hearing on April 18, 1995.
Number 126
SUSAN MANYOKY, testifying from Anchorage, doesn't think HJR 20 will
set up an informal conference, and asks why it needs to be so
formal. Ms. Manyoky thinks HJR 20 will be dangerous and asks that
it not be released from committee.
Number 158
DEANNA CRESAP, testifying from Anchorage, thinks HJR 20 will be
construed by the organizers of a conference of the states and by
the courts as an open door to a constitutional convention.
BARBARA SWALLOW, testifying from Matsu, thinks a conference of the
states will be a waste of money and time.
Number 202
GRETCHEN O'BARR, testifying from Matsu, explains how much she loves
the U.S. Constitution, and asks how a conference of the states
could positively change the constitution.
Number 230
MICHAEL A. NELSON, testifying from Matsu, asks where funding will
come from for a conference of the states. He asks where the
wording in HJR 20 relating to the Tenth amendment came from; he
thinks it is incorrect.
Number 280
BRAD TURKINGTON, testifying from Soldotna, urges the committee to
kill HJR 20. He asks for passage of SJR 7.
Number 295
TOM SCARBOROUGH, testifying from Fairbanks, states he is opposed to
HJR 20. He does not think it is in the best interest of Alaska.
Mr. Scarborough informs the committee he is forwarding written
testimony.
Number 317
JOY COOK, testifying from Fairbanks, does not think HJR 20 relates
to a states' rights movement. Ms. Cook states she is opposed to
HJR 20.
Number 343
CARLA VON RON CEILIER, testifying from Fairbanks, states there is
nothing currently wrong with the constitution. She states the U.S.
has always been the laughing stock of the world. Ms. Von Ron
Ceilier urges the legislature not to pass HJR 20. If there is
bloodshed and war due to passage of HJR 20, it will be upon the
legislature's conscience.
Number 374
CHARLES MCKEE, testifying from Anchorage, gives testimony in
opposition to HJR 20, and other topics.
Number 403
SAMUEL HAYWOOD, testifying from Anchorage, asks the legislature to
oppose a conference of the states and to uphold the constitution,
as it is written.
Number 430
KENNETH SMITH, testifying from Anchorage, states he is opposed to
HJR 20.
Number 440
DAVE RUTZ, testifying from Matsu, states he is opposed to HJR 20,
and thinks it could possibly lead to a constitutional convention.
Number 453
DONALD GRABER, testifying from Matsu, asks the committee to kill
HJR 20; he is opposed to the resolution.
Number 471
JOHN THOMAS, testifying from Matsu, gives testimony in opposition
to HJR 20.
Number 485
DAVID CRAWFORD, testifying from Matsu, states we should not mess
with the constitution, and opposes HJR 20.
Number 500
LILLIAN VILLWOK, testifying from Anchorage, states she is opposed
to HJR 20. She does not think a conference of states is necessary,
and thinks that it could be turned into a constitutional
convention. Ms. Villwok also believes decisions made at a
conference of the states would be binding.
Number 532
BARBARA FIX, testifying from Matsu, believes a conference of the
states will lead to a constitutional convention to destroy the
Constitution of the United States. She thinks HJR 20 would be
another move towards socialism. Ms. Fix asks Alaska to stand
against tyranny and a person's god-given right to life, liberty,
and the pursuit of happiness. She asks the legislature to vote
"No" on HJR 20.
Number 550
CHAIRMAN SHARP announces that there may be another hearing on HJR
20 on April 18th, and that 52 people were able to testify today.
Number 558
CHAIRMAN SHARP adjourns the Senate State Affairs Committee meeting
at 5:48 p.m.
| Document Name | Date/Time | Subjects |
|---|