Legislature(2007 - 2008)CAPITOL 106

02/21/2008 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 54 CONSTRUCTION OF LEGISLATIVE HALL TELECONFERENCED
Heard & Held
*+ HB 261 CLEAN ELECTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 318 LOCATION OF SPECIAL SESSIONS TELECONFERENCED
Scheduled But Not Heard
HB  54-CONSTRUCTION OF LEGISLATIVE HALL                                                                                       
                                                                                                                                
8:12:08 AM                                                                                                                    
                                                                                                                                
VICE CHAIR ROSES  announced that the first order  of business was                                                               
HOUSE  BILL  NO.  54,  "An  Act relating  to  construction  of  a                                                               
legislative   hall;   and   repealing  provisions   relating   to                                                               
relocating the  capital, the legislature,  or any of  the present                                                               
functions of state government."                                                                                                 
                                                                                                                                
8:12:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  moved to adopt the  committee substitute                                                               
(CS) for  HB 54,  Version 25-LS0284\E, Cook,  2/20/08, as  a work                                                               
draft.   [No objection was  stated and  Version E was  treated as                                                               
before the committee.]                                                                                                          
                                                                                                                                
8:12:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MARK  NEUMAN, Alaska State  Legislature, presented                                                               
HB 54 as  prime sponsor.  He acknowledged [that  other bills have                                                               
brought about]  discussion as to  how to give the  public greater                                                               
access to  its legislature, but he  said HB 54 proposes  to do so                                                               
in  a  different   manner.    He  explained   that  the  proposed                                                               
legislature would  allow communities  to bid on  the construction                                                               
of a  legislative hall.   Representative Neuman said he  had this                                                               
idea tested by  looking for 1,000 acres  in the Matanuska-Susitna                                                               
Borough that  could be provided to  a real estate developer.   He                                                               
said he  actually found  a development  group that  he determined                                                               
was interested  in building  a legislative  hall in  exchange for                                                               
the property and  development rights to it.   The developer could                                                               
develop  enough infrastructure  around  the  legislative hall  to                                                               
recoup the  money spent on  the legislative hall.   The developer                                                               
would then  lease that legislative  hall back to  the legislature                                                               
for $1 a year.                                                                                                                  
                                                                                                                                
8:15:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN   said  the  proposed  bill   would  allow                                                               
virtually any community in the state  to come up with a proposal,                                                               
which  he said  "may  be what  Juneau needs  to  prove that  this                                                               
should be the home for a  legislature."  He noted that Juneau has                                                               
a building  design that has  already been proposed.   The passage                                                               
of HB 54  does not propose to move the  legislature, but to allow                                                               
other communities  throughout the  state to have  the opportunity                                                               
to house the legislature.                                                                                                       
                                                                                                                                
8:16:43 AM                                                                                                                    
                                                                                                                                
REX SHATTUCK,  Staff, Representative  Mark Neumann,  Alaska State                                                               
Legislature, reviewed  the changes  made to HB  54 in  Version E.                                                               
He explained  that the reason for  deleting all of Section  1 was                                                               
that the language  was full of rhetoric and of  no great value to                                                               
the content  of the bill.   Some of the numbers  were deleted, he                                                               
explained, because  they seemed  too arbitrary.   The requirement                                                               
that  any borough  or  unified municipality  must  have at  least                                                               
30,000 residents to be allowed to  make a proposal was dropped in                                                               
recognition   that   there   could   be   entities   other   than                                                               
municipalities or boroughs - for  example, land owned by a Native                                                               
corporation.                                                                                                                    
                                                                                                                                
8:20:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN mentioned "page 1,  starting on line 5, and                                                               
over into  page 3,"  then spoke  of changing  the word  "must" to                                                               
"may"  on  page  3, lines  3  and  4.    He credited  the  former                                                               
Representative   Rokeberg   for   first   bringing   forth   this                                                               
legislation.  He  indicated that language referring  to the ferry                                                               
system was in  deference to the concerns  of Representatives Doll                                                               
and Johansen.                                                                                                                   
                                                                                                                                
8:22:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  for  the  definition  of  "base                                                               
payments" - a term used on page 3, line 26.                                                                                     
                                                                                                                                
REPRESENTATIVE NEUMAN replied:                                                                                                  
                                                                                                                                
         The intent of this is a developer who builds a                                                                         
      legislative hall would not charge the legislature in                                                                      
     excess of $1 per year for use of that building.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  about other  charges,  such  as                                                               
service, utility, and taxes.                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN indicated  that that  concern has  already                                                               
been addressed  in the  fiscal note, which  shows that  the costs                                                               
would be covered for a wide range of expenses.                                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked why  the sponsor did  not specify                                                               
that the total  charge could not be more than  a certain amount a                                                               
year.  He explained, "Because a  sharp lawyer ... will advise the                                                               
client to  term them anything  that can  get around this  so that                                                               
they can charge more."                                                                                                          
                                                                                                                                
MR. SHATTUCK directed attention to  the language on page 3, lines                                                               
[27-31],  which   directs  the  Alaska  Legislative   Council  to                                                               
consider whether  the proposed site  has basic  utility services,                                                               
adequate airport  access, and  adequate access  by road,  air, or                                                               
ferry.     He   said  there   was  no   intent  to   exclude  any                                                               
possibilities, and he said the word "total" could work.                                                                         
                                                                                                                                
8:25:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN directed  attention to  page 1,  line 9,                                                               
which  shows a  deadline for  the Alaska  Legislative Council  of                                                               
December 15, 2008.   He asked, "Has  [legislative] council worked                                                               
on any of this, and is that an emphasis deadline?"                                                                              
                                                                                                                                
REPRESENTATIVE NEUMAN replied  that if the members  of the Alaska                                                               
Legislative  Council feel  they  need longer,  the  dates can  be                                                               
changed fairly easily.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN directed attention  to page 2, lines 5-7,                                                               
which read:                                                                                                                     
                                                                                                                                
     (1)  a  private office  for  each  legislator and  that                                                                    
     legislator's staff,  with the  offices for  the Speaker                                                                    
     of the  House of  Representatives and the  President of                                                                    
     the  Senate  to  be   larger  than  other  legislator's                                                                    
     offices;                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN noted,  as a  practical issue,  that the                                                               
staff  of the  House and  Senate Finance  Committees is  twice as                                                               
large as that  of a minority member, yet the  bill language would                                                               
have  everyone's office  the same  size  except that  noted.   He                                                               
said, "I'm sure there must  be some flexibility in addressing the                                                               
needs of the state."                                                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  replied that  that's  why  he had  talked                                                               
about replacing  the word "must"  with "may"  on page 2,  lines 3                                                               
and  4.    He  said,  "Those   are  nothing  more  than  a  basic                                                               
guideline."                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention  to page 2,  line 17,                                                               
which  would require  a courtroom  in the  legislative hall.   He                                                               
questioned the need for a courtroom in the [legislative hall].                                                                  
                                                                                                                                
REPRESENTATIVE  NEUMAN  responded  that  the  bill  language  was                                                               
pulled  from Representative  Rokeberg's  original bill  language.                                                               
He  proffered, "It's  easier  to provide  the  maximum amount  of                                                               
things that  may be  in a  building and  then start  deleting and                                                               
taking them out instead of adding things on."                                                                                   
                                                                                                                                
8:27:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  the  proposed  requirement for  a                                                               
courtroom would require input from  the court system, which might                                                               
have an effect  on how the bill  moves.  He said he  is not aware                                                               
of other state  capitols that have supreme  court chambers within                                                               
them.                                                                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  expressed his  willingness to  remove that                                                               
language.                                                                                                                       
                                                                                                                                
8:29:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL asked why  Representative Neuman is proposing                                                               
to  repeal the  Fiscally Responsible  Alaskans Needing  Knowledge                                                               
(FRANK) Initiative of 1994.                                                                                                     
                                                                                                                                
REPRESENTATIVE NEUMAN  said he thinks  the FRANK Initiative  is a                                                               
double-edged sword.  He stated:                                                                                                 
                                                                                                                                
     The  FRANK Initiative  asks to  provide costs  to cover                                                                    
     the expenses  to Juneau for  its social  and economical                                                                    
     losses to  Juneau.   What are  the social  and economic                                                                    
     losses to Mat-Su or Kenai or Fairbanks or Anchorage?                                                                       
                                                                                                                                
REPRESENTATIVE  NEUMAN  deferred  to  Mr.  Shattuck  for  further                                                               
comment.                                                                                                                        
                                                                                                                                
8:30:50 AM                                                                                                                    
                                                                                                                                
MR.  SHATTUCK  referred to  the  statutes  related to  the  FRANK                                                               
Initiative, AS 44.06.050-060, which read as follows:                                                                            
                                                                                                                                
                                                                                                                                
     Sec. 44.06.050.  Purpose of AS 44.06.050 - 44.06.060.                                                                      
     The  purpose   of  AS  44.06.050  -   44.06.060  is  to                                                                    
     guarantee  to the  people their  right to  know and  to                                                                    
     approve in advance all costs  of relocating the capital                                                                    
     or  the legislature;  to insure  that  the people  will                                                                    
     have an  opportunity to make an  informed and objective                                                                    
     decision on  relocating the capital or  the legislature                                                                    
     with  all pertinent  data concerning  the costs  to the                                                                    
     state; and to  insure that the costs  of relocating the                                                                    
     capital or the legislature will  not be incurred by the                                                                    
     state without the approval of the electorate.                                                                              
                                                                                                                                
MR.  SHATTUCK  indicated  that the  FRANK  Initiative  exists  to                                                               
reveal costs  to the public, but  since the bill would  provide a                                                               
legislative hall at  the minimal cost of $1, the  public may have                                                               
"a higher  degree of confidence,"  and thus the  FRANK initiative                                                               
"may not  be the higher  need that's  strongly stated."   He also                                                               
indicated  that  there  may  be  some  legal  issues  related  to                                                               
combining a bid process with the FRANK Initiative.                                                                              
                                                                                                                                
8:33:25 AM                                                                                                                    
                                                                                                                                
MR. SHATTUCK,  in response to  Representative Gruenberg,  said he                                                               
does not have the aforementioned  feedback from Legislative Legal                                                               
and Research Services in writing.                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked that  the sponsor make  copies of                                                               
any legal opinions he receives available to the committee.                                                                      
                                                                                                                                
8:34:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN directed  attention  to language  within                                                               
the sentence on page 3, beginning on [line 20], which read:                                                                     
                                                                                                                                
     On  completion   of  the  specifications,   the  Alaska                                                                    
     Legislative   Council  shall   solicit  proposals   for                                                                    
     construction of  the legislative  hall to  be operated,                                                                    
     maintained,  repaired, and  managed by  the legislative                                                                    
     council for use by the  legislature as the location for                                                                    
     regular and special sessions and for interim work.                                                                         
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he knows  he is  no attorney,  but                                                               
stated his  assumption that "the" means  "the one and only."   He                                                               
asked if  the proposed language would  limit legislative sessions                                                               
only to the location [of the winning bid].                                                                                      
                                                                                                                                
8:34:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN told Representative  Johansen that he could                                                               
"read into  it what you  want to see."   He added, "I  guess it's                                                               
always at  the will  of the  governor to  call the  location, but                                                               
it's the intent of this bill  to allow the legislative council to                                                               
develop  a plan  for the  legislature  to meet  in a  legislative                                                               
hall."                                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHANSEN said  he thinks the language  of the bill                                                               
speaks for itself;  it specifies that the  legislative hall would                                                               
be the  - emphasis on  "the" -  location for regular  and special                                                               
sessions and  for interim work.   He explained, "I'm  just trying                                                               
to  comport those  two ideas  of having  special sessions  on the                                                               
road,  which seems  like a  pretty popular  idea these  days, and                                                               
limiting it to one building in particular."                                                                                     
                                                                                                                                
8:35:44 AM                                                                                                                    
                                                                                                                                
MR.  SHATTUCK responded  that the  intent  was never  to be  that                                                               
restrictive.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  reiterated  his  understanding  that  the                                                               
governor chooses the location of a special session.                                                                             
                                                                                                                                
8:36:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG concluded  that according  to the  bill                                                               
language, if Juneau were to  win the bid, all legislative regular                                                               
and special  sessions and interim  committee hearings  would have                                                               
to take place in Juneau.                                                                                                        
                                                                                                                                
8:36:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  said that is true;  however, he reiterated                                                               
that the governor  ultimately chooses the location  for a special                                                               
session.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked, "So,  there might be  a conflict                                                               
between this and the governor's inherent powers?"                                                                               
                                                                                                                                
REPRESENTATIVE  NEUMAN said  he is  not  saying that  there is  a                                                               
conflict "with this or anything."                                                                                               
                                                                                                                                
8:37:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  directed attention to page  4, lines [5-                                                               
8], which read as follows:                                                                                                      
                                                                                                                                
          SELECTION OF A PROPOSAL.  The Alaska Legislative                                                                      
     Council   shall    review   all    proposals,   conduct                                                                    
     inspection,  and  select  a   proposal  or  reject  all                                                                    
     proposals  by  August  29,  2009.   If  a  proposal  is                                                                    
     selected,  the  legislative  council shall  enter  into                                                                    
     contracts,  leases, and  other agreements  necessary to                                                                    
     carry out the terms of the proposal.                                                                                       
                                                                                                                                
REPRESENTATIVE  JOHANSEN  surmised  that  the  bill  proposes  to                                                               
delegate all the power to decide  which proposal to choose to one                                                               
committee,  which he  said he  finds troubling,  because he  said                                                               
this is  an extremely  important issue.   He asked  if it  is the                                                               
bill sponsor's intent to focus the power to one committee.                                                                      
                                                                                                                                
8:38:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  responded  that he  thinks  the  proposal                                                               
could  be  brought before  the  legislature  for acceptance,  but                                                               
after that, he said, the  Alaska Legislative Council should "take                                                               
it from there."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  that  it is  a  concern of  the                                                               
minority members  that the Alaska  Legislative Council is  one of                                                               
only  two  committees  that does  not  provide  for  proportional                                                               
representation;  by statute,  there is  only one  minority member                                                               
serving on that council.                                                                                                        
                                                                                                                                
8:40:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  how  the bill,  if passed,  would                                                               
influence the "Block 39" project in  Anchorage.  In response to a                                                               
request for clarification, he offered  his understanding that the                                                               
Alaska  Legislative  Council  is  working  toward  some  sort  of                                                               
facility in  Anchorage and  "there's quite a  bit of  money being                                                               
tossed around."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  NEUMAN offered  his understand  that the  area in                                                               
question  is  being  considered  for  a  judicial  building,  but                                                               
perhaps Anchorage  would want to come  up with a proposal  to add                                                               
to that.                                                                                                                        
                                                                                                                                
8:41:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL confirmed  that the  Block 39  plan would                                                               
house the  judicial branch,  but would  also replace  the offices                                                               
currently being used by the  Anchorage legislators.  Furthermore,                                                               
it would include a parking garage.   He commented on the doubling                                                               
of costs and "sticker shock."                                                                                                   
                                                                                                                                
MR. SHATTUCK  said it is too  early in the process  to understand                                                               
how [Block 39]  and [any possible legislative  hall in Anchorage]                                                               
would interact.                                                                                                                 
                                                                                                                                
8:42:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  said  Representative Coghill  brought  up                                                               
good  point that  the  cost of  [the building  in  Block 39]  has                                                               
doubled.  He said HB 54  insulates the legislature from that sort                                                               
of inflation, through its proposed cost of $1 a year.                                                                           
                                                                                                                                
8:43:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  the sponsor has  checked with                                                               
any  municipalities or  private  parties to  find  out if  anyone                                                               
would be willing to make a bid, should HB 54 pass.                                                                              
                                                                                                                                
REPRESENTATIVE NEUMAN answered  yes.  He directed  attention to a                                                               
feasibility  review  provided  by the  Matanuska-Susitna  Borough                                                               
[available  in  the  committee   packet].    He  offered  further                                                               
details.   He stated  that not  only would  he not  have proposed                                                               
this legislation  if he thought it  was a "pie in  the sky" idea,                                                               
he went one step further and  found a developer interested in the                                                               
project.   In response  to Representative  Gruenberg, he  said he                                                               
started  with Mat-Su  borough and  asked his  own community  what                                                               
they had  to offer.  He  stated that what the  Mat-Su Borough did                                                               
is  absolutely  no different  from  what  can  be done  in  other                                                               
communities.                                                                                                                    
                                                                                                                                
8:46:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL said  the sponsor  has  testified that  this                                                               
proposal is  an invitation to  all communities to  participate in                                                               
the bidding  process, including Juneau;  however, in  his sponsor                                                               
statement, he  wrote that the  bill is actually about  access and                                                               
that  Juneau is  difficult  to  access.   She  remarked that  she                                                               
wonders whether  the bill is  really an invitation for  others or                                                               
whether it is "an argument for a particular builder."                                                                           
                                                                                                                                
8:47:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN,  in   response  to  Representative  Doll,                                                               
reiterated the  intent of  bill.  He  indicated that  his sponsor                                                               
statement  addresses the  lack of  access in  Juneau, because  he                                                               
hears  that  concern  expressed   by  his  constituents  and  has                                                               
experienced "lack of  access to Juneau" personally.   He remarked                                                               
that even the  ferry system has, at times,  been incapacitated by                                                               
high winds.                                                                                                                     
                                                                                                                                
8:49:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON stated  that the  concept of  building in                                                               
exchange for  property is not  a new one.   He recalled  the time                                                               
when  there  was  discussion  regarding  moving  the  capital  to                                                               
Willow,  Alaska, and  at that  time, an  individual came  forward                                                               
with a  proposal to  "do an  exchange acre for  acre."   He said,                                                               
"That  was never  on the  [FRANK] Initiative  that we  could have                                                               
done it  for free back  in the day  when it  was trying to  go to                                                               
Willow."                                                                                                                        
                                                                                                                                
8:50:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he does not  think his constituency                                                               
wants the  capital in Ketchikan.   He  noted that when  the ferry                                                               
system was  pulled out of  service, the  winds in the  Lynn Canal                                                               
had  reached 100  knots.    He said  out  of  the numerous  bills                                                               
introduced  over  the   years  related  to  the   moving  of  the                                                               
legislature  and/or  capital,  many  of them  have  had  limiting                                                               
factors regarding  population or the  area that was  required for                                                               
the construction  of a capital or  legislative hall.  He  said he                                                               
does not  think the City &  Borough of Juneau is  being proactive                                                               
enough in providing  adequate facilities.  He  asked the sponsor,                                                               
"Are those type of limiting factors in here?"                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN  said a  limiting  factor  of $30,000  was                                                               
removed  from Version  E.   He directed  attention a  sentence on                                                               
page 4, beginning on line 8, which read:                                                                                        
                                                                                                                                
     If  the proposal  selected includes  a  site wholly  or                                                                    
     partially on state land,  the legislative council shall                                                                    
     take all  action necessary to arrange  for the transfer                                                                    
     of the land  to the municipality at  no cost, including                                                                    
     the  introduction  of  legislation to  accomplish  that                                                                    
     purpose.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN told  Representative  Johansen that  there                                                               
are a  lot of areas  in his district  and in other  places around                                                               
the state  where development is  possible, and the  bill provides                                                               
an opportunity to make state land useful.                                                                                       
                                                                                                                                
8:55:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN,  in response  to Representative  Lynn, who                                                               
had  just arrived,  reviewed the  previous remarks  regarding the                                                               
FRANK Initiative.                                                                                                               
                                                                                                                                
8:58:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  it appears that the  $1 dollar per                                                               
year proposed  on page 3  would only involve  operating expenses,                                                               
but he said  he does not see anything in  the bill that specifies                                                               
that  the [legislative  hall  and the  cost  of constructing  it]                                                               
"must be  totally borne by  someone other than  the legislature."                                                               
He said  "base payments by  the legislature  in excess of  $1 per                                                               
year" sounds like operating expenses.                                                                                           
                                                                                                                                
MR. SHATTUCK responded that "the  proposal may not require a base                                                               
payment."  He  explained that the intent behind  the base payment                                                               
was targeted  at the cost of  building the legislative hall.   He                                                               
commented that  the operating  costs are  reflected in  the newly                                                               
acquired fiscal  note and  the sponsor  is "exploring  the actual                                                               
operating costs."   He  said the intent  is that  the legislature                                                               
would not pay for "the building of the new legislative hall."                                                                   
                                                                                                                                
9:00:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NEUMAN,  in   response   to   a  question   from                                                               
Representative  Gruenberg  related to  the  sentence  on page  3,                                                               
beginning on  line 25, and the  sentence on page 4,  beginning on                                                               
line 8  [text for both  provided previously], said his  intent is                                                               
that the legislature  would lease the legislative  hall back from                                                               
either  a developer  or  community  for $1  a  year,  and if  the                                                               
proposal selected includes a site that  is on state land, he said                                                               
"we'll try to do all we can."  He continued:                                                                                    
                                                                                                                                
     I think  [the] legislative council will  be required to                                                                    
     get that  land to the  community, to help  develop that                                                                    
     community and  expand the growth in  that community for                                                                    
     whatever  reason,   whether  it's   Juneau,  Anchorage,                                                                    
     Fairbanks, Kenai, wherever the case  may be.  And yeah,                                                                    
     the community would  own that land; ...  and they would                                                                    
     lease ...  the building  and the  complex and  the land                                                                    
     and the parking lot and  everything involved here for a                                                                    
     buck a year back to the legislature.                                                                                       
                                                                                                                                
9:03:09 AM                                                                                                                    
                                                                                                                                
ROSEMARY  HAGEVIG, Vice  Chair,  Alaska  Committee, testified  on                                                               
behalf of  the Alaska Committee.   She said the  Alaska Committee                                                               
was formed in  1994 as a nonprofit group  comprised of volunteers                                                               
in Juneau, and the group's main  purpose is to improve access and                                                               
address facility  issues with respect  to making Juneau  a better                                                               
capital city.                                                                                                                   
                                                                                                                                
MS. HAGEVIG, regarding access issues,  reminded everyone that the                                                               
Alaska  Committee, in  conjunction  with the  City  & Borough  of                                                               
Juneau, has taken  a lot of initiative to improve  access for the                                                               
people  of  Alaska to  their  state  capital.   She  listed,  for                                                               
example, the following:  the  Alaska Committee's partnership with                                                               
KTOO  television in  providing Gavel  to Gavel;  Alaska Airlines'                                                               
work  with  the  Alaska  Committee  to  improve  the  constituent                                                               
airfare   process  and   its  past   selection   of  the   Juneau                                                               
International Airport  as the  primary airport  for state-of-the-                                                               
art landing facilities  that are now incorporated in  the rest of                                                               
the country  and much of the  world; the hard work  of volunteers                                                               
to make surface  connectivity to the rest of the  state a reality                                                               
by expanding the  Lynn Canal Highway, a process that  is close to                                                               
getting the necessary permits; and  an Internet streaming project                                                               
and exploration  of the  possibility of  having fixed  cameras in                                                               
the committee rooms - both with the help of KTOO.                                                                               
                                                                                                                                
MS.  HAGEVIG said  it  seems that  the focus  of  this issue  has                                                               
shifted from  access to facilities,  and the Alaska  Committee is                                                               
cognizant  of the  fact  that the  legislature  does need  better                                                               
facilities and is  willing to work on that issue.   Responding to                                                               
prior testimony  that CBJ  had not done  enough, she  pointed out                                                               
that both the  Terry Miller building and the  Masonic Temple were                                                               
donations,  the latter  most recently  given,  and she  indicated                                                               
that those buildings,  in addition to the capitol,  are viewed as                                                               
a complex  that will be "a  good working facility to  conduct the                                                               
people's  business."   That  said, Ms.  Hagevig  said the  Alaska                                                               
Committee knows that the capitol  building has some shortcomings,                                                               
including:    limited  seating  in the  galleries  and  [lack  of                                                               
sufficient] parking.   She stated,  "We stand ready to  work with                                                               
the legislature to address those shortcomings."                                                                                 
                                                                                                                                
9:08:00 AM                                                                                                                    
                                                                                                                                
MS. HAGEVIG  stated, "Representative Neuman has  proposed to deal                                                               
with this by  suggesting that the capital should be  located in a                                                               
different part of the state and  making it more accessible to the                                                               
people  in ...  the rest  of  the state."   She  said the  Alaska                                                               
Committee  does not  disagree that  the people  of Alaska  should                                                               
have  access to  their government,  but she  emphasized that  the                                                               
Alaska  Committee has  made important  strides in  making that  a                                                               
reality.    She said  improving  the  footprint of  the  historic                                                               
capitol  building   is  certainly   something  that   the  Alaska                                                               
Committee would advocate.  She stated:                                                                                          
                                                                                                                                
     Should  the capitol  move away  from Southeast  Alaska,                                                                    
     this will  have a socio-economic impact  on this entire                                                                    
     region, not just the community  of Juneau.  And I guess                                                                    
     I would  compare that to  the threat that  the railbelt                                                                    
     communities experienced when  the [Base Realignment and                                                                    
     Closure]  (BRAC) Commission  was  threatening to  close                                                                    
     down  military   bases.    ...  Southeast   Alaska  ...                                                                    
     actively  supported  all of  the  work  that went  into                                                                    
     maintaining those  military bases.   So, it's  not just                                                                    
     that we are looking out  for our own interest, but that                                                                    
      we really do relate to what is important to the rest                                                                      
     of the state.                                                                                                              
                                                                                                                                
9:09:43 AM                                                                                                                    
                                                                                                                                
MS. HAGEVIG referred to the bill title, which read as follows:                                                                  
                                                                                                                                
     "An  Act  relating  to construction  of  a  legislative                                                                  
     hall; and  repealing provisions relating  to relocating                                                                  
     the  capital, the  legislature, or  any of  the present                                                                  
     functions of state government."                                                                                          
                                                                                                                                
MS.  HAGEVIG stated,  "I  think  that while  all  of these  bills                                                               
purport not to move the capital, the  fact is that if you do move                                                               
the legislative  branch of government,  in effect you  are moving                                                               
the  capital,  and  this  is something  that  we  remain  gravely                                                               
concerned about."  Ms. Hagevig  said the Alaska Committee is also                                                               
very  concerned  about  any  efforts made  to  remove  the  FRANK                                                               
Initiative, an initiative that was  passed again by the voters of                                                               
the state in  2004 by an over  2:1 margin.  She  said even though                                                               
HB 54 has a zero fiscal  note attached, "it simply is not logical                                                               
to  think that  it  can really  happen  without some  significant                                                               
expense accruing to the project."   She said the Alaska Committee                                                               
believes that  the FRANK Initiative  should be retained  "so that                                                               
the  transparency occurs  and the  people  of the  state have  an                                                               
opportunity to react to [the] true cost of moving anything."                                                                    
                                                                                                                                
9:11:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  stated that  he  believes  HB 54  gives                                                               
every opportunity  for Juneau to  participate.  He  expressed his                                                               
frustration that Juneau  decided to keep the  playground [next to                                                               
the  Terry  Miller building]  rather  than  using that  space  to                                                               
expand the  campus footprint  of the  capitol.   He characterized                                                               
that  as "a  conscious decision  made to  protect the  playground                                                               
facility at  the expense of  supporting having  better facilities                                                               
for this capitol."  He asked  Ms. Hagevig if the Alaska Committee                                                               
has a vision of what the  capitol facilities will look like in 10                                                               
years.                                                                                                                          
                                                                                                                                
9:13:07 AM                                                                                                                    
                                                                                                                                
MS. HAGEVIG replied that she was  on the CBJ Assembly at the time                                                               
the decision was  made to transfer ownership of  the Terry Miller                                                               
Building to the legislature, and  at that time, she noted, "there                                                               
were  some issues  and  concerns  about the  downtown  park as  a                                                               
playground for  the children  in downtown  Juneau."   She assured                                                               
Representative Johansen that if HB 54  was to pass and Juneau was                                                               
to put forth a project [bid],  "all of the land in this immediate                                                               
area would  be something that we  would have to take  a very hard                                                               
look at."   She  said the  Alaska Committee  has worked  with its                                                               
architects  to conceptualize  what  might happen  to the  current                                                               
foot print  of the capitol and  its surrounding area to  create a                                                               
better  capitol building.    She  said the  focus  of the  Alaska                                                               
Committee in the  last few years has been on  access, because she                                                               
said  the  committee  was  led  to believe  that  was  a  primary                                                               
concern, not only  to the legislature, but also to  the people of                                                               
Alaska.  However, she stated that  as the shift moves from access                                                               
to facilities, the Alaska Committee will also shift its focus.                                                                  
                                                                                                                                
MS.  HAGEVIG,  in  response to  a  question  from  Representative                                                               
Johansen,  said a  couple years  ago  Mayor Botelho  and the  CBJ                                                               
Assembly  conducted   a  design/build  competition  [for   a  new                                                               
capitol].    She   said  that  did  not   end  successfully,  but                                                               
"certainly  something else  like that  would occur."   She  noted                                                               
that  the land  [at the  corner of  Egan and  Main Street]  where                                                               
plans  are being  made to  build  a 216-space  parking garage  is                                                               
"land  that   has  been  set   aside  traditionally  for   a  new                                                               
legislative hall."                                                                                                              
                                                                                                                                
9:15:56 AM                                                                                                                    
                                                                                                                                
MS. HAGEVIG,  in response to Representative  Gruenberg, confirmed                                                               
that if HB 54 were to pass,  Juneau would submit a bid to provide                                                               
a legislative hall, and would do so enthusiastically.                                                                           
                                                                                                                                
9:16:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked if  the  passage  of HB  54  would                                                               
expedite Juneau's process regarding facilities.                                                                                 
                                                                                                                                
MS.  HAGEVIG answered  yes.   She said  the Alaska  Committee has                                                               
considered conceptual plans, not  only for the current footprint,                                                               
but  for   the  aforementioned  design/build  competition.     In                                                               
response  to a  follow-up question  from Representative  Johnson,                                                               
she said she is not certain  that all the prior years of planning                                                               
would be an advantage to Juneau.  She explained:                                                                                
                                                                                                                                
     As I  look at the list  of who sits on  the legislative                                                                    
     council and  where they  come from in  the rest  of the                                                                    
     state, and I'm hearing  lots of conversation here about                                                                    
     people needing,  out of  necessity, to  represent their                                                                    
     own  constituencies,  I  only see  two  representatives                                                                    
     from  Southeast  Council on  that  committee  of 14,  I                                                                    
     believe, and so, I'm ...  obviously concerned about the                                                                    
     makeup of  that committee with respect  to dealing with                                                                    
     this particular issue.                                                                                                     
                                                                                                                                
MS.  HAGEVIG, in  response to  Representative Johnson,  clarified                                                               
that she did not  mean to imply that she or  the people of Juneau                                                               
do not  trust the  legislature or the  legislative process.   She                                                               
said CBJ  would need to  consider enhancing the  historic capitol                                                               
or "doing something with the  parking garage construction that is                                                               
scheduled to begin in the very near future."                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Ms.  Hagevig  if the  [proposed]                                                               
repeal of  the FRANK Initiative  enhances Ms. Hagevig's  level of                                                               
trust in the legislature.                                                                                                       
                                                                                                                                
MS. HAGEVIG responded that the  repeal of the FRANK Initiative is                                                               
a major concern for the Alaska Committee.  She continued:                                                                       
                                                                                                                                
     We believe  this was  an initiative  that was  taken to                                                                    
     the public,  that it  passed with  an over  2:1 margin,                                                                    
     and  ... I  believe that  this is  an important  enough                                                                    
     issue,  because  it really  does  lead  us towards  ...                                                                    
     where  the capital  will be  located in  the state.   I                                                                    
     mean,  in  reality,  no  other   state  in  the  nation                                                                    
     bifurcates its state government to this extent.                                                                            
                                                                                                                                
9:19:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN noted  that the language on  page 1, line                                                               
8, of the  proposed bill, specifies that the  legislative hall be                                                               
"new".   He asked Ms. Hagevig  if she thinks that  language would                                                               
preclude a proposal that included the current capitol building.                                                                 
                                                                                                                                
MS. HAGEVIG said she does not  believe that such a proposal would                                                               
be precluded,  because it would  include the total  complex area,                                                               
which would  be made up  of predominately new construction.   She                                                               
added, "But we  do have two options here in  Juneau, and we would                                                               
have to weigh that very carefully."                                                                                             
                                                                                                                                
VICE CHAIR ROSES noted that the  bill sponsor had nodded his head                                                               
in affirmation of what Ms. Hagevig said.                                                                                        
                                                                                                                                
9:21:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL thanked  Ms. Hagevig  for the  work she  has                                                               
done in documenting the efforts  that the community of Juneau has                                                               
made over a period of many years to accommodate the legislature.                                                                
                                                                                                                                
9:21:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he thinks "new"  means "new," thus,                                                               
he  is  concerned  with  "the language  that  would  exclude  the                                                               
upgrades of the current facilities to fit under this proposal."                                                                 
                                                                                                                                
9:22:59 AM                                                                                                                    
                                                                                                                                
CLARK  GRUENING, Lobbyist,  City &  Borough of  Juneau (CBJ),  in                                                               
response to  a question  from Representative  Gruenberg, informed                                                               
the committee that the land upon  which the capitol and the Terry                                                               
Miller building sit is owned by the state.                                                                                      
                                                                                                                                
9:24:20 AM                                                                                                                    
                                                                                                                                
ALBERT JUDSON,  said he is  a citizen who is  conscientious about                                                               
the name,  Alaska, which means, "The  Great Land."  He  said when                                                               
Alaska was  being considered for  statehood, a legislator  in the                                                               
Lower 48  said, "I see  men of  great spirit founding  this great                                                               
land."   Mr.  Judson said  he would  like to  see men  "match the                                                               
mountains of this  great state" - to stand up  and be counted for                                                               
the  great spirit  that  built  the state  and  be committed  and                                                               
dedicated to  preserving Alaska as  The Great  Land.  He  said he                                                               
does not see that spirit reflected in HB 54.                                                                                    
                                                                                                                                
MR. JUDSON  said there  is a  law that all  bills must  contain a                                                               
single subject.   He  pointed out  that the  proposed legislation                                                               
addresses  the construction  of a  legislative hall,  as well  as                                                               
"repealing  provisions   of  the  capital  and   legislature  and                                                               
everything else."                                                                                                               
                                                                                                                                
MR. JUDSON  said the issue  of relocating the capital  and/or the                                                               
legislature and  legislative functions  has already  been brought                                                               
to the  people, and, in  2002, every district in  Anchorage voted                                                               
"no"  -  they  wanted  to   keep  the  capital,  all  legislative                                                               
sessions,  and  the legislature  in  Juneau.   Furthermore,  they                                                               
wanted the right  to know the total cost of  all bondable issues,                                                               
as well  as the socio-economic  and environmental impacts  to the                                                               
move  itself.     Mr.   Judson  said  when   he  sees   that  the                                                               
representatives in Anchorage have submitted  HB 54, he would have                                                               
to say that  they are out of  line with the wishes  of the people                                                               
of Anchorage and the rest of the state.                                                                                         
                                                                                                                                
MR. JUDSON continued:                                                                                                           
                                                                                                                                
     In HB  54, when  it talks about  the construction  of a                                                                    
     legislative hall,  at the very  beginning it  shows how                                                                    
     the  capitol building  is  falling  into disrepair  and                                                                    
     falling apart and all kinds  of complaints about what's                                                                    
     happening  here.   Well, when  I look  at the  original                                                                    
     constitution that  was signed  to make Alaska  a state,                                                                    
     that constitution says that  the legislature shall have                                                                    
     a duty to maintain the  capital.  The legislature shall                                                                    
     have  the  duty to  maintain  the  capital.   It's  the                                                                    
     legislature's duty; it's what the people wanted.                                                                           
                                                                                                                                
MR. JUDSON  said he  came to  the capitol  to testify  because he                                                               
opposes  "something  that's  disruptive  and  destroys  something                                                               
good."    He said  he  would  like to  know  how  many times  the                                                               
representatives who submitted HB 54  have voted to enhance Juneau                                                               
as  the capital.   He  asked why  Juneau has  to fight  for every                                                               
single penny  and survive  on subsistence wages,  when it  is the                                                               
capital city.   He  said Juneau  is a  place everybody  should be                                                               
proud of - a place  every Senator and Representative should fight                                                               
to enhance,  so that people  who come  to Juneau will  say, "Wow,                                                               
this is  the capital?   Isn't  it really  something!"   He stated                                                               
that  he  would  like  to  see all  legislators  pulling  in  one                                                               
direction - the same direction  that the founders envisioned when                                                               
they founded the state  as a great land, and he  said he does not                                                               
see such  unity in  HB 54.   The  proposed legislation,  he said,                                                               
"does not reflect anything that is  good and upright and open and                                                               
honest, and that is why I am opposed to it."                                                                                    
                                                                                                                                
9:32:24 AM                                                                                                                    
                                                                                                                                
MR. JUDSON continued:                                                                                                           
                                                                                                                                
     How  ...  do  you  repay the  killing  of  the  Alaskan                                                                    
     spirit?   How  do you  repay that?   It  is impossible.                                                                    
     How  do  you  repay   disrupting  people's  lives  when                                                                    
     they've  worked here  in the  capital,  when they  live                                                                    
     here  in the  capital, when  they do  everything that's                                                                    
     possible  here, and  they're making  a  life for  their                                                                    
     family?  How  do repay the ...  destruction to people's                                                                    
     lives?   I don't see  it.   I don't see  [it] reflected                                                                    
     here in  this bill;  I don't see  anything good  ... in                                                                    
     relocating the  capital.  I see  nothing but disruption                                                                    
     and destruction.                                                                                                           
                                                                                                                                
MR. JUDSON talked  about the coming recession  and "the economics                                                               
of this  bill," and  the inflation  that people  are facing.   He                                                               
said people in  Alaska have always counted every  penny for their                                                               
survival and "they're holding on to  that penny right now just to                                                               
survive."   Mr.  Judson described  HB 54  as "a  square peg  in a                                                               
round hole."  He concluded:                                                                                                     
                                                                                                                                
     ... This bill  is totally out of alignment.   It should                                                                    
     be eliminated.  It should  be destroyed for the good of                                                                    
     the people,  to keep  the people  together, to  keep us                                                                    
     going in one direction, to help  us to reach the name -                                                                    
     The Great  Land, to help  us reach the pinnacle  of our                                                                    
     existence,  our livelihood,  all  the  things that  the                                                                    
     founders fought  for, including my parents  - including                                                                    
     my parents.   They were always  proud of the state.   I                                                                    
     would  like something  to reflect  my pride.   I  would                                                                    
     like  something to  continue that  commitment and  that                                                                    
     dedication.                                                                                                                
                                                                                                                                
9:35:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN remarked  on the  eloquence of  Mr. Judson's                                                               
testimony.                                                                                                                      
                                                                                                                                
9:36:07 AM                                                                                                                    
                                                                                                                                
VICE CHAIR ROSES closed public testimony.                                                                                       
                                                                                                                                
9:37:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN suggested removing  the words "the capital"                                                               
and "or  any of the  present functions of state  government" from                                                               
the bill title, and he reiterated  his intent to change "must" to                                                               
"may" on page 2, line 4.                                                                                                        
                                                                                                                                
REPRESENTATIVE  COGHILL, regarding  the  suggested title  change,                                                               
said he  thinks the word "capital"  should remain as long  as the                                                               
FRANK Initiative  repeal language is  in the  bill.  He  said, "I                                                               
would ask that you search that out."                                                                                            
                                                                                                                                
VICE CHAIR ROSES  said it is the intent of  committee to hold the                                                               
bill to give time for amendments to be submitted in writing.                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN expressed  appreciation for  Ms. Hagevig's                                                               
testimony.   He suggested,  "If Juneau  is the  best place  for a                                                               
legislative  hall, this  may just  put that  little baby  to rest                                                               
here."   He  said HB  54  may be  "the  best thing  to happen  to                                                               
Juneau."  Regarding  the issue of access, he said  if the capital                                                               
is  on  the road  system,  "then  three-quarters of  the  state's                                                               
population has  access to the  state legislature."   He expressed                                                               
appreciation for  Gavel to  Gavel, but  said it  is not  a system                                                               
that cannot be duplicated easily.   Regarding Alaska Airlines, he                                                               
said  he  is  certain  that  the company  would  offer  the  same                                                               
opportunities  to members  from all  around the  state to  fly to                                                               
wherever the legislature  meets.  He mentioned  his experience of                                                               
falling  when  trying  to navigate  on  Juneau's  snowy  hillside                                                               
residences.   Regarding  Internet streaming,  he said  that is  a                                                               
feature that all communities are developing.                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  said  the House  State  Affairs  Standing                                                               
Committee heard testimony  by both Ms. Hagevig  and Mayor Botelho                                                               
that  "we need  a  new  legislative building."    He offered  his                                                               
understanding that  the building "across the  street" was offered                                                               
up to  anyone, but no one  wanted it, so  the state took it.   He                                                               
expressed  appreciation  for  the architecture  of  the  capitol,                                                               
noting  that   as  a  woodworker,   he  has   studied  structure,                                                               
architecture, and  form.  However,  he listed the hazards  in the                                                               
building,   including:  [poor   accessibility]  for   those  with                                                               
handicaps,   [insufficient]  fire   escapes,  and   the  possible                                                               
existence of asbestos.                                                                                                          
                                                                                                                                
9:42:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN spoke of Juneau's  ability to advance other                                                               
economic opportunities, such as  its tourist industry and related                                                               
tax, and fish tax money that can  be used for harbor repairs.  He                                                               
stated  that  the legislature  has  worked  with Juneau  and  its                                                               
surrounding areas in Southeast Alaska  to aide in the advancement                                                               
of  economic  opportunities in  those  areas.   He  reminded  the                                                               
committee  that HB  54 is  proposing that  a developer  cover the                                                               
cost, not the legislature.  He  stated that he is willing to work                                                               
on amendment  ideas, as long as  they don't change the  intent of                                                               
bill.                                                                                                                           
                                                                                                                                
9:44:58 AM                                                                                                                    
                                                                                                                                
VICE CHAIR ROSES announced that HB 54 was heard and held.                                                                       

Document Name Date/Time Subjects