Legislature(2001 - 2002)

07/11/2001 09:10 AM House LEC

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
LEGISLATIVE COUNCIL                                                                                                             
July 11, 2001                                                                                                                   
                                                                                                                                
                                                                                                                                
1.     ROLL CALL                                                                                                              
                                                                                                                                
The   Legislative   Council   meeting   was    called  to  order   at  9:10   a.m.  by                                          
                                                                              nd                                                
Representative    Green,  Legislative  Council  Chair,  in the  Anchorage    2    Floor                                         
Conference Room & via teleconference.                                                                                           
                                                                                                                                
The  roll was taken.  In attendance  were  Council  members    Green,  Berkowitz,  Kott                                         
(via teleconference),   Murkowski,   Ogan   (via teleconference),  Porter,  Rokeberg,                                           
Cowdery   (via teleconference),  Donley,  Elton, P. Kelly, and  Torgerson.   Members                                            
absent  were  Halford.   Staff present were   Varni, Cook,  Bill Ellis, Logan, Ibesate,                                         
McCauley, Price, Schofield and Wyatt.                                                                                           
                                                                                                                                
2.     APPROVAL OF May 4, 2001 MINUTES                                                                                        
                                                                                                                              
Representative    Porter  moved    the minutes   of  the  May   4, 2001   meeting   be                                          
approved.                                                                                                                       
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Torgerson, and                                                   
               Elton                                                                                                            
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
ABSENT: Berkowitz, Cowdery, Donley, Halford, and Pete Kelly                                                                     
                                                                                                                                
The minutes were approved unanimously.                                                                                          
                                                                                                                              
3.     NCSL MEMBERSHIP                                                                                                        
                                                                                                                              
Representative     Green    reminded    the   Council   members      that  the   NCSL                                           
membership    was   voted  on at the  last meeting;  however,   there weren't  enough                                           
votes to continue membership.                                                                                                   
                                                                                                                                
Representative   Porter  moved    that Legislative  Council  approve   the 2001-2002                                            
NCSL membership dues.                                                                                                           
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Berkowitz,                                                       
               Cowdery, Pete Kelly and Elton                                                                                    
                                                                                                                                
NAYS:          Torgerson                                                                                                        
                                                                                                                                
ABSENT: Halford and Donley                                                                                                      
                                                                                                                                
The  motion  to approve  the 2001-2001   NCSL    membership    dues  was  approved  by                                          
10 to 1.                                                                                                                        
                                                                                                                                
4.     DHL CONTRACT RENEWAL APPROVAL                                                                                          
                                                                                                                              
Pam   Varni, Executive   Director of the  Legislative Affairs Agency,   explained  that                                         
this is the  one-year  renewal   option  that pays  for  parcel delivery  and  pick-up                                          
services   to  various  locations   such   as  the  Legislative   Information   Offices                                         
throughout  the State.  This is budgeted   under the  Administrative Services  Budget                                           
component.                                                                                                                      
                                                                                                                                
Representative    Porter  moved    that  Legislative  Council   approve   a  one-year                                           
renewal option for the DHL contract, not to exceed $35,000.                                                                     
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Berkowitz,                                                       
               Cowdery, Pete Kelly, Torgerson and Elton                                                                         
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
ABSENT: Halford and Donley                                                                                                      
                                                                                                                                
The motion was approved unanimously.                                                                                            
                                                                                                                                
5.     MAT-SU LEASE APPROVAL                                                                                                  
                                                                                                                                
Pam   Varni explained   that currently the Mat-Su   office space  accommodates     four                                         
members,    but she believes  it could accommodate    five. Pam  Varni  explained  that                                         
previously  this did go out to bid.  It was sent to 20 offerors from  which there  was                                          
one  proposal.   She   acknowledged    that  this space  could  be  leased  month-by-                                           
month   and the  proposal  could be  put out to bid again.   She  remarked   that there                                         
aren't many options and the price per foot is in the middle range for the area.                                                 
                                                                                                                                
Representative    Ogan    said  that  the  Mat-Su   office  space   is adequate,    but                                         
redistricting brings the possibility of another member being in the space.                                                      
Representative   Green  pointed  out that it's almost a 38 percent  increase  and thus                                          
he asked if that is a reasonable increase.                                                                                      
                                                                                                                                
Representative   Ogan   related  his belief that the status quo  for a year  would  be                                          
appropriate and then, after redistricting, the space could be reviewed.                                                         
                                                                                                                                
Senator Elton moved that Legislative Council approve the Mat-Su Lease.                                                          
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Cowdery, Kelly,                                                  
               Torgerson and Elton                                                                                              
                                                                                                                                
NAYS:          Berkowitz                                                                                                        
                                                                                                                                
ABSENT: Halford and Donley                                                                                                      
                                                                                                                                
The motion was approved by 10 to 1.                                                                                             
                                                                                                                                
6.     ANCHORAGE VAN APPROVAL                                                                                                 
                                                                                                                              
Representative   Kott  moved   that Legislative  Council  move   the  Anchorage    Van                                          
approval   to the bottom   of the  agenda.    There   being  no  objection, it was  so                                          
ordered.                                                                                                                        
                                                                                                                              
7.     LEXIS ON-LINE SERVICE PASSWORD ASSIGNMENTS                                                                             
                                                                                                                              
Pam   Varni explained   that Lexus  provides  some   on-line services  for which there                                          
are passwords.    Six passwords    would  have  access  to National Primary  Law   with                                         
SHEPHARD'S      Citations  Service  Menu,  15  passwords   would  have  access   to the                                         
on-line menu   for Alaska  Law  and  Shepherds.    She  noted  that she has  proposed                                           
a list of assignments   in order  to continue  to update  the  passwords.    However,                                           
she welcomed any other recommendations.                                                                                         
                                                                                                                                
Lee  Tripp, Lexus  On-Line   Services, affirmed  that although  a password   would  be                                          
assigned   to say  the Speaker   of the  House,  the  Speaker   could allow  someone                                            
else to use  the password.   However,   the password   is limited to one person  using                                          
it at a time.                                                                                                                   
                                                                                                                                
Representative   Berkowitz   pointed  out that there is no  Minority access   listed for                                        
Alaska  MVP.    Therefore, he  moved   that the Minority have  at least one  password                                           
for each   body  in  order  to access   Alaska   MVP.    Perhaps,   two   of the  extra                                         
Legislative Council members could be used for that purpose.                                                                     
                                                                                                                                
Representative   Porter moved   that Legislative Council  approve  the  recommended                                             
assignments    for the  National  Primary   Law  as  well  as  the  Alaska  MVP    with                                         
amendments     to change   assignments    14 and  15  to House   Minority Leader   and                                          
Senate   Minority  Leader   and   change   assignments    12  and   13  to  Legislative                                         
Council  Member/Co-Chair     House   Finance   and  Legislative Council   Member/Co-                                            
Chair Senate Finance.                                                                                                           
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Berkowitz,                                                       
               Cowdery, Donley, Pete Kelly, Torgerson and Elton                                                                 
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
ABSENT: Halford                                                                                                                 
                                                                                                                                
The motion was approved unanimously.                                                                                            
                                                                                                                              
8.     KTOO/VIDEO STREAMING WIRING APPROVAL IN CAPITOL                                                                        
                                                                                                                              
Representative    Porter  moved    that Legislative  Council   approve   KTOO    video                                          
streaming wiring approval in the Capitol.                                                                                       
                                                                                                                                
Discussion followed about security and other concerns.                                                                          
                                                                                                                                
The  question   was  called and  the  Executive   Director was  asked   to restate  the                                         
motion.                                                                                                                         
                                                                                                                                
Pam   Varni stated that the motion  would  be  to provide KTOO    permission  to install                                        
updated wiring in the Capitol.                                                                                                  
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Porter, Rokeberg, Berkowitz and Elton                                                    
                                                                                                                                
NAYS:          Ogan, Cowdery, Donley, Pete Kelly and Torgerson                                                                  
                                                                                                                                
ABSENT: Halford                                                                                                                 
                                                                                                                                
The motion failed 7 to 5.                                                                                                       
                                                                                                                              
KTOO    was  asked  to come   back  at a future meeting   to have  the item discussed                                           
again after they submit a detailed proposal.                                                                                    
                                                                                                                                
9.     ALASKA MOVING IMAGES PICTURE ASSOCIATION REQUEST                                                                       
                                                                                                                              
Francine   Lastufka   Taylor,  Executive    Director  from  Alaska    Moving   Images                                           
Preservation   Association   (AMIPA),    informed   the  committee    that  AMIPA    is                                         
requesting  $85,000   for the Legislative Media  Preservation   Project.  She  clarified                                        
that the request  for funding  for the operations  of AMIPA    is separate  and  in the                                         
capital budget.   In response   to  Senator  Donley,  she  explained   that the media                                           
center  would  be  built in existing space  in Anchorage   and  thus  the audio  tapes                                          
would be transferred to Anchorage from Juneau.                                                                                  
                                                                                                                                
There  was   discussion  regarding  whether   this would  be  more   appropriate  as  a                                         
budget item taken up by the Finance Committees and not Legislative Council.                                                     
                                                                                                                                
Senator Donley expressed the need for more information about this proposal.                                                     
                                                                                                                                
Representative   Green  concluded   that there is confusion regarding  what  has  been                                          
allocated,  spent  and  received   from  what  was   spent,  the future  request,  and                                          
whether   this  should   be  done   in  the  capital  budget   process.     Therefore,                                          
Representative Green announced that this request would be held.                                                                 
                                                                                                                              
10. OTHER BUSINESS                                                                                                            
                                                                                                                                
A.     Senator  Donley   moved   that the Legislative Council approve   the placement                                         
of a  directory of names    and  office locations in the  elevator  of the Anchorage                                            
Legislative Information Office for public use.                                                                                  
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Berkowitz,                                                       
               Cowdery, Donley, Pete Kelly and Elton                                                                            
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
ABSENT: Halford, Torgerson                                                                                                      
                                                                                                                                
The motion was approved unanimously.                                                                                            
                                                                                                                                
B.     Representative   Halcro  informed   the Council  that he has  requested   that a                                         
bill in the amount    of $750   for the  rental  of the  Wilda  Marston   Theater   for                                         
meetings   of  the  Fiscal  Policy  Council   for three  days   in July,  August   and                                          
September be paid by the Legislative Council.                                                                                   
                                                                                                                                
Council   members    discussed    the  possibility of  holding  the  hearings   at  the                                         
Anchorage Legislative Information Office or the Anchorage Assembly Chambers.                                                    
                                                                                                                                
Representative   Porter offered  to find out if the Anchorage  Assembly   Chamber    is                                         
available.                                                                                                                      
                                                                                                                                
The subject was discussed further and no action was taken.                                                                      
                                                                                                                                
C.     Representative   Berkowitz  moved   to open  the Anchorage    Legislative Office                                         
space parking lot to the public during non-business hours.                                                                      
                                                                                                                                
Chairman   Green   suggested  that a subcommittee    be formed  to study  the pros and                                          
cons of this issue.                                                                                                             
                                                                                                                                
It was moved to table the motion.                                                                                               
                                                                                                                                
YEAS:          Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Cowdery, Donley                                                  
               and Pete Kelly                                                                                                   
                                                                                                                                
NAYS:          Berkowitz and Elton                                                                                              
                                                                                                                                
ABSENT: Halford and Torgerson                                                                                                   
                                                                                                                                
The motion to table this item was approved 9 to 2.                                                                              
                                                                                                                                
11. ANCHORAGE VAN APPROVAL                                                                                                    
                                                                                                                                
Pam   Varni  informed  the Council  that  a smaller  nine-passenger   van  would   cost                                         
around   $30,000   to $32,000.    Jan  Price,  Supply  Officer, is in  the process   of                                         
getting a  firm price from  the  State Fleet  Equipment    Office.  She  informed   the                                         
Council  that  occasionally  the Legislature   needs  a  larger van  but  one  can  be                                          
rented for those occasions.                                                                                                     
                                                                                                                                
The  Council  discussed   the  option of leasing  vans  and  the  use  patterns  of the                                         
vans in Anchorage and Fairbanks.                                                                                                
                                                                                                                                
Pam    Varni  informed   the  Council   that  one   of the  Juneau    vans   could  be                                          
transported to Anchorage during the interim.                                                                                    
                                                                                                                                
Representative   Ogan    moved   to approve   the  transfer of  an  existing van  from                                          
Juneau to Anchorage during the interim, rather than purchasing a new van.                                                       
                                                                                                                                
Senator    Elton  moved     to  amend    Representative     Ogan's    amendment     by                                          
requesting  that  the Executive   Director  prepare  and   present  to the  Legislative                                         
Council a policy for use of the legislative vans.                                                                               
                                                                                                                                
Representative   Green   moved   to transfer a  van  from Juneau   to Anchorage    and                                          
that the Executive Director establish a set of rules for van use.                                                               
                                                                                                                                
YEAS:          Green, Kott, Ogan, Porter, Rokeberg, Berkowitz, Cowdery, Pete                                                    
               Kelly and Elton.                                                                                                 
                                                                                                                                
NAYS:          None                                                                                                             
                                                                                                                                
ABSENT: Murkowski, Donley, Halford and Torgerson                                                                                
                                                                                                                                
The motion passed unanimously.                                                                                                  
                                                                                                                                
Representative   Kott asked  whether   the investigation of the Anchorage   legislative                                         
van  accident has  been  completed   and whether   an assignment   of blame  has  been                                          
placed  on  any  member    of  the Legislature  and,  if so, whether   reimbursement                                            
should be required of that party.                                                                                               
                                                                                                                                
Representative   Porter  explained   that the Presiding   Officers of the  House   and                                          
Senate  are  responsible  for actions of legislative employees  as they  are the hiring                                         
authority during the interim.  He  is in the process of bringing the investigation to a                                         
close  and he  does  not plan  to request  a reimbursement    from  any Legislators  or                                         
legislative employees.  He and the Senate President have decided that some                                                      
disciplinary action is appropriate.  He offered to discuss the matter further in an                                             
executive session of the Legislative Council.                                                                                   
                                                                                                                                
Representative Ogan moved to hold an executive session for the purpose of                                                       
discussing the personnel issues surrounding the van accident.                                                                   
                                                                                                                                
Council members discussed whether this matter is within the purview of the                                                      
Legislative Council.  A roll call vote on the motion to go into executive session                                               
was taken.                                                                                                                      
                                                                                                                                
YEAS:          Kott, Ogan, Porter, Rokeberg, Cowdery, Pete Kelly and Berkowitz                                                  
                                                                                                                                
NAYS:          Green, Elton                                                                                                     
                                                                                                                                
ABSENT: Murkowski, Donley, Halford, Torgerson                                                                                   
                                                                                                                                
The motion failed 7 - 2.                                                                                                        
                                                                                                                                
The meeting was adjourned at 10:15 a.m.                                                                                         
                                                                                                                                

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