SB 118-CMTE ON NULLIFICATION OF FEDERAL LAWS  1:35:18 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 118 "An Act establishing the committee on nullification of federal laws; and providing a directive to the lieutenant governor." [SB 118 was previously heard on 2/2/22 and 2/11/22. Public testimony was heard and closed on 2/11/22.] 1:35:47 PM SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska, sponsor of SB 118, said the Alaska Constitution helps confine the state and federal government. She noted that author Thomas E. Woods, Jr. stated that nullification is not unconstitutional. She stated that Amendments 6, 7, and 10 support this type of effort. 1:36:28 PM SENATOR SHOWER made a motion to move SB 118, work order 32- LS0563\B from committee [in error]. 1:36:45 PM At ease 1:37:18 PM CHAIR HOLLAND reconvened the meeting. 1:37:22 PM SENATOR SHOWER withdrew his motion to move SB 118 from committee. 1:37:32 PM SENATOR SHOWER moved to adopt the proposed committee substitute (CS) for SB 118, work order 32-LS0563\B, as the working document. 1:37:39 PM CHAIR HOLLAND objected for discussion purposes. 1:37:52 PM ED KING, Staff, Senator Roger Holland, Alaska State Legislature, Juneau, Alaska, reviewed the changes in SB 118, from Version A to Version B, on behalf of the committee. It read as follows: Sec 1: New section 1 in version B gives the committee the ability to introduce legislature through the Rules Committees. Sec 2: Previously section 1. Version B makes the following changes: • Committee membership is reduced from 14 members to 6 members • Specifically assigns the Judiciary and State Affairs Committee chairs to the committee • Provides a seat for a member from the largest minority caucus in each body (version A assigned a minority member based on party affiliation) • Allows a member to request a review rather than requiring a review of every Federal action • Limits meetings to the interim only • Allows the co-chairs to consider staff availability before taking on a new review • Expands the options of the committee actions to include 1. Submitting resolution to withhold resources for enforcement 2. Urging the Attorney General to file a lawsuit 3. Drafting a nullification bill 4. Introducing legislation counteracting the federal law 5. Recommending the legislation take another action • Deletes direction to Alaskans to ignore federal law Sec 2 of version A was deleted. 1:39:31 PM CHAIR HOLLAND removed his objection; he found no further objection, and CSSB 118, Version B, was adopted. 1:39:49 PM SENATOR KIEHL stated that although the committee substitute is a more streamlined approach that removes some of the more troublesome provisions, it ultimately embraces the idea that a state can nullify federal law. Nullification was so widespread during the pre-Civil War Era that 1831 and 1832 were considered nullification crises. Thus, history has shown the trouble that nullification can cause. Since then, the US Constitution has been amended to clarify that states do not have the power to nullify federal laws. He stated that he favors some options in Version B, including resolutions and calling on the attorney general to file lawsuits, which would be an appropriate response. Still, the bill would set up a color of law to do something a state cannot do. He stated his opposition to moving SB 118 from committee. 1:41:56 PM SENATOR HUGHES paraphrased the definition of nullify [at dictionary.com]. 1. to render or declare legally void or inoperative: to nullify a contract. 2. to deprive (something) of value or effectiveness; make futile or of no consequence. SENATOR HUGHES drew attention to the marijuana laws in Alaska. Alaska essentially nullified the federal marijuana laws. She offered her view that this sets a precedent for nullification. She emphasized that it doesn't mean the statute is removed from federal law, but it would be inoperative in Alaska. Since this has happened with marijuana laws in Alaska, she feels comfortable with the proposed bill. 1:42:54 PM SENATOR SHOWER said he disagrees with Senator Kiehl about actions the state cannot take. He highlighted that the federal government wields the threat of withholding appropriations to states that do not comply with federal directives. For example, the federal government threatened to cut funding to states that refused to comply with COVID-19 vaccinations for the US Army National Guard members. It doesn't necessarily make directives right or prevent Alaska from asserting Alaskans' choices. He offered his belief that it is a legislator's right and duty to resist federal mandates when it's in the best interest of Alaskans. He emphasized that what works in Florida does not necessarily work in California. He highlighted that New York City is vastly different from Oklahoma farmland, so their citizens' needs are different. He advocated for states' rights. He stated that the federal government had usurped power since World War II (WWII), using money as a weapon. He viewed SB 118 as a means to consider and debate what federal laws Alaska citizens don't want to apply in the state, even if it means engaging in legal challenges or withholding state resources. He stated his intent to support the bill. 1:46:30 PM SENATOR HUGHES offered her view that the Tenth Amendment was crafted to provide a check and balance between the state and federal government. She read the Tenth Amendment, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." She stated that rather than wait for the courts to rule on federal laws that violate the Tenth Amendment, the state could provide a check on the federal government. She said it is the legislature's duty to do so, and this bill is consistent with states asserting their rights. 1:47:34 PM SENATOR SHOWER moved to report the committee substitute (CS) for SB 118, work order 32-LS0563\B, from committee with individual recommendations and attached fiscal note(s). 1:47:55 PM SENATOR KIEHL objected. SENATOR KIEHL noted that the bill differentiates between effective nullification, which Senator Hughes described, and nullification, which generally means interfering with federal enforcement actions. He said he largely agreed with Senator Shower's remarks, but those comments had little to do with the bill. Under Printz v. United States, Alaska does not have to accept federal funding, which Alaska has done previously. However, that is not a nullification issue. He maintained his objection. 1:48:50 PM A roll call vote was taken. Senators Shower, Hughes, and Holland voted in favor of the motion to move CSSB 118, Version B, from committee, and Senator Kiehl voted against it. Therefore, the motion passed on a 3:1 vote. CHAIR HOLLAND stated that CSSB 118(JUD) was reported from the Senate Judiciary Standing Committee on a vote of three yeas and one nay. 1:49:28 PM SENATOR REINBOLD offered her view that members take an oath to protect individual liberties and that state sovereignty is critically important. She stated that the federal government impacts Alaska's resource development, mandates masking, and often overreaches. She thanked members for hearing SB 118 since it was a vital issue to address.