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.