Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/08/2015 01:30 PM JUDICIARY

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Audio Topic
01:40:35 PM Start
01:42:01 PM Confirmation Hearing: Alaska Public Offices Commission
01:50:33 PM HB5
02:32:57 PM SB76
02:49:28 PM SJR15|| SCR4
03:00:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+ Confirmation of Governor's Appointments: TELECONFERENCED
Alaska Public Offices Commission
Mark Fish
Commission on Judicial Conduct
George R. Boatright
*+ HB 5 CONSERVATOR OF PROTECTED PERSONS TELECONFERENCED
Moved SCS HB 5(JUD) Out of Committee
+ SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
SJR 15 CALL FOR US COUNTERMAND CONVENTION
Heard & Held
+ SB 76 REAL ESTATE BROKERS; LIABILITY TELECONFERENCED
Moved SB 76 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SJR 15-CALL FOR US COUNTERMAND CONVENTION                                                                        
           SCR  4-US COUNTERMAND CONVENTION DELEGATES                                                                       
                                                                                                                                
2:49:28 PM                                                                                                                    
CHAIR MCGUIRE announced the consideration of SJR 15 and SCR 4.                                                                  
                                                                                                                                
2:49:40 PM                                                                                                                    
ORIN BROWN, Intern, Senator Bill Stoltze introduced SJR 15 and                                                                  
SCR 4 on behalf of the sponsor, speaking to the following                                                                       
sponsor statement: [Original punctuation provided.]                                                                             
                                                                                                                                
     Recent   actions  taken   by  the   Federal  Government                                                                    
     constitute  an  unprecedented  level  of  overreach  in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     SJR 15 and  SCR 4 seek to restore the  balance of power                                                                    
     between the states and federal  government. The pair of                                                                    
     resolutions  would  strengthen   state  sovereignty  by                                                                    
     providing  states with  veto  (countermand) power  over                                                                    
     federal decisions deemed not  in their best interest by                                                                    
     establishing  an amendment  to  the U.S.  Constitution.                                                                    
     These two  resolutions in tandem are  intended to start                                                                    
     the  process of  amending the  US Constitution  via the                                                                    
     powers granted in Article V.                                                                                               
                                                                                                                                
     SJR  15 (The  Application)  provides  Alaska's call  to                                                                    
     Congress   for   a    clearly   defined,   single-issue                                                                    
     Countermand   Amendment  Convention.   The  Countermand                                                                    
     Amendment  to  the  United  States  Constitution,  when                                                                    
     ratified,  will  allow  states to  propose  Countermand                                                                    
     Initiatives,  which upon  approval  by three-fifths  of                                                                    
     the  state   legislatures,  will  repeal   any  federal                                                                    
     statute,   executive  order,   judicial  decision,   or                                                                    
     regulatory decision listed in the Initiative.                                                                              
                                                                                                                                
     SCR  4  (The  Delegate Resolution)  enables  the  state                                                                    
     legislature   to    institute   parameters    for   the                                                                    
     convention,  ensuring that  a  "runaway convention"  is                                                                    
     not possible,  and provides for a  productive, safe and                                                                    
     timely process.  The Delegate Resolution  establishes a                                                                    
     Credential Committee for selection  of delegates to the                                                                    
     convention, and  outlines the duties of  the delegates.                                                                    
     SCR  4  also  includes  the language  of  the  proposed                                                                    
     Countermand Amendment to the U.S. Constitution.                                                                            
                                                                                                                                
     These two resolutions do not  pertain to a conservative                                                                    
     versus liberal  agenda; this is a  state versus federal                                                                    
     issue. Passage  of these  resolutions is  an actionable                                                                    
     step  the Legislature  can take  toward restoration  of                                                                    
     the proper balance of state and federal powers.                                                                            
                                                                                                                                
2:52:46 PM                                                                                                                    
MIKE  COONS,  National  Director, Citizens  Initiatives,  Palmer,                                                               
Alaska, testified  in support of SJR  15 and SCR 4.  He described                                                               
SJR 15 as  the vehicle to get  the ball rolling and SCR  4 as the                                                               
key. SJR  15 defines  the convention rules,  the function  of the                                                               
delegates,  the  language  of   the  amendment,  and  that  state                                                               
legislators  are in  control of  the delegates  and the  ultimate                                                               
outcome of the convention. SCR 4 defines the convention.                                                                        
                                                                                                                                
He   discussed   the   credentials  committee   explaining   that                                                               
legislators will appoint the delegates,  establish the rules, and                                                               
provide guidance during the convention.  He said that some states                                                               
may  want  to  make  amendments   to  the  Countermand  Amendment                                                               
language  and  those would  be  brought  to the  legislature  for                                                               
approval or denial. Once 26  states vote to approve the language,                                                               
the convention would  end and the language would  be forwarded to                                                               
Congress  for  the ratification  process.  He  clarified that  34                                                               
states are needed  to make an application for  the convention and                                                               
26 or more states are needed  for a quorum to pass the amendment.                                                               
He stressed that this convention  follows art. V, Constitution of                                                               
the United  States. Each  state has  one vote  so Alaska  has the                                                               
same authority as New York.                                                                                                     
                                                                                                                                
MR. COONS reported  that following ratification the  vision is to                                                               
assemble a  national strategy steering committee  to research the                                                               
federal rules, regulations, laws,  executive orders, and judicial                                                               
decisions that  are of most  concern to the  freedoms, liberties,                                                               
and  direction  of the  states.  The  committee then  would  pass                                                               
resolutions  to  repeal  the problems  and  submit  the  proposed                                                               
resolution to  the state legislatures for  committee hearings and                                                               
final  passage.  This  process has  citizen  involvement  at  the                                                               
grassroots level.                                                                                                               
                                                                                                                                
2:59:17 PM                                                                                                                    
SENATOR COGHILL expressed hope that  Mr. Coons would return for a                                                               
subsequent hearing  because time  was short  today to  debate the                                                               
issue.                                                                                                                          
                                                                                                                                
CHAIR MCGUIRE solicited a motion  to adopt the proposed judiciary                                                               
versions of the resolutions.                                                                                                    
                                                                                                                                
3:00:00 PM                                                                                                                    
SENATOR  COGHILL  motioned  to  adopt the  work  draft  committee                                                               
substitute (CS) for  SJR 15, labeled 29-LS0425\H,  as the working                                                               
document.                                                                                                                       
                                                                                                                                
CHAIR  MCGUIRE announced  that without  objection, version  H was                                                               
before the committee.                                                                                                           
                                                                                                                                
3:00:37 PM                                                                                                                    
SENATOR  COGHILL  motioned  to  adopt the  work  draft  committee                                                               
substitute (CS)  for SCR 4,  labeled 29-LS0548\W, as  the working                                                               
document.                                                                                                                       
                                                                                                                                
CHAIR  MCGUIRE announced  that without  objection, version  W was                                                               
before the committee.                                                                                                           
                                                                                                                                
SENATOR  COGHILL offered  his  understanding  that the  committee                                                               
substitutes contain  conforming language  that the House  is also                                                               
considering.                                                                                                                    
                                                                                                                                
[SJR  15   and  SCR  4   were  held  in  committee   for  further                                                               
consideration.]                                                                                                                 

Document Name Date/Time Subjects
Resume Mark Fish.pdf SJUD 4/8/2015 1:30:00 PM
CS Senate Judiciary for HB5.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
1 HB5 Sponsor Statement.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
2 HB5 Version W.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
3 HB5 Letter of Support ACOA.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
4 HB5 Letter of Support AARP.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
5 HB5 FN #1.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
5.1 HB5 FN #2.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
5.2 HB5 FN #3.pdf SJUD 4/8/2015 1:30:00 PM
HB 5
SJR15 SCR4 Sponsor Statement.pdf SJUD 4/8/2015 1:30:00 PM
SJR 4
Summary of Changes SCR 4.pdf SJUD 4/8/2015 1:30:00 PM
SJR 4
SJR15 ver A.pdf SJUD 4/8/2015 1:30:00 PM
SJR 15
CS Senate Judiciary SJR 15 Version H.pdf SJUD 4/8/2015 1:30:00 PM
SJR 15
Summary of Changes SJR 15.pdf SJUD 4/8/2015 1:30:00 PM
SJR 15
SJR15 Fiscal Note #1.pdf SJUD 4/8/2015 1:30:00 PM
SJR 15
SJR15 Support Document - Charles Kacprowicz Commentary.pdf SJUD 4/8/2015 1:30:00 PM
SJR 15
SJR15 Support Document - Fax Stuart Thompson 3-25-15.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Document - Letter Louisiana Senator A G Crowe.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Document - Letter North Dakota Rep Alan Fehr.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Document - Letters from Non-Alaskans 3-18-15.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Document - New Hampshire Resolution.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Document - New Mexico Resolution.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Support Documents - Emails 3-16-15.pdf SJUD 4/8/2015 1:30:00 PM
SJR15 Fiscal Note #1.pdf SJUD 4/8/2015 1:30:00 PM
SB76 Version A.PDF SJUD 4/8/2015 1:30:00 PM
SB 76
SB76 Sponsor Statement.pdf SJUD 4/8/2015 1:30:00 PM
SB 76
SB76 Fiscal Note #1.pdf SJUD 4/8/2015 1:30:00 PM
SB 76
SB76.Realtors Support.PDF SJUD 4/8/2015 1:30:00 PM
SB 76
CS Senate Judiciary SCR4 Version W.pdf SJUD 4/8/2015 1:30:00 PM
SCR 4
SCR4 Fiscal Note #1.pdf SJUD 4/8/2015 1:30:00 PM
SCR 4
SCR4 Sectional Summary.pdf SJUD 4/8/2015 1:30:00 PM
SCR 4
SCR4 Support Document - Email Mike Coons 3-25-15 (2).pdf SJUD 4/8/2015 1:30:00 PM
SCR 4
SCR4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz) (2).pdf SJUD 4/8/2015 1:30:00 PM
SCR 4
Summary of Changes SCR 4.pdf SJUD 4/8/2015 1:30:00 PM
SCR 4