Legislature(2001 - 2002)
09/05/2001 11:10 AM House LEC
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
LEGISLATIVE COUNCIL
September 5, 2001
1. ROLL CALL
The Legislative Council meeting was called to order at 11:10 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, Murkowski, Ogan, Rokeberg, Cowdery, Elton, Halford, P. Kelly (via
teleconference), and Torgerson (via teleconference). Members absent were
Porter and Donley. Staff present were Varni, Logan, (via teleconference Cook,
Crawford, Finley, Ibesate, Schofield and Utermohle).
2. APPROVAL OF JULY 11, 2001 MINUTES
Senator Cowdery moved the minutes of the July 11, 2001 meeting be approved.
YEAS: Green, Berkowitz, Kott, Murkowski, Ogan, Rokeberg, Cowdery,
Elton, Halford, P. Kelly, and Torgerson
NAYS: None
ABSENT: Donley and Porter
The minutes were approved unanimously.
3. CONSIDERATIONS OF JUDICIAL APPEALS
(A) Representative Green informed the Council that on June 18, 2001,
the final plan for redistricting in Alaska was presented by the Redistricting Board.
Subsequently, nine entities have filed lawsuits. Representative Green informed
the Council that the Attorney General through Assistant Attorney General Jim
Baldwin filed a motion to intervene so that the interests of the Executive Branch
were represented. Representative Green posed the question to the members
whether the Council should intervene in the lawsuit on behalf of the Legislative
Council.
Discussion follows.
Representative Ogan moved that the Legislative Council give the Chair the
authority to obtain Legal Counsel and file a motion to intervene on behalf of the
Legislative Council in the redistricting case.
Representative Berkowitz offered an amendment to the motion that the Attorney
hired would be an Alaskan Counsel who resides in the State.
YEAS: Berkowitz, Murkowski, Rokeberg, and Elton
NAYS: Green, Kott, Ogan, Cowdery, Halford, P. Kelly and Torgerson
ABSENT: Donley and Porter
The amendment failed 7 to 4.
Representative Ogan restated his motion to allow the Chair the authority to
obtain a Legal Counsel and file a motion to intervene on the redistricting plan.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Halford, P.
Kelly, and Torgerson
NAYS: Berkowitz and Elton
ABSENT: Donley and Porter
The motion was approved by 9 to 2.
(B) Representative Green briefed the Council that in April 2000,
Governor Knowles vetoed SB 7. SB 7 provides for the transfer of approximately
260,000 acres of public land and dedication of income from that land to the
University of Alaska. The Legislature voted to override the governor's veto, with
41 in favor and 19 against veto override.
James Crawford, Legislative Legal Counsel summarized to the Council that the
superior court rendered its decision in Legislative Council v. Knowles, also known
as the University Lands case. The case presented the question whether the veto
of SB 7, a bill that entitled the University to select and receive state land, had
been overridden by a 41 yea 19 nay override vote. In its opinion, the court
decided that bills setting aside state assets other than just money could
constitute appropriations. Although this holding had already been decided in the
initiative setting, the superior court's decision represents the first time the
initiative treatment of appropriations had been applied in the enactment setting.
Additionally, the court decided that SB 7's provisions dealing with income
potentially arising under SB 7's land selection scheme constituted a monetary
appropriation. Consequently, the court held that the three-fourths appropriation
veto override requirement applied, that the 41 yea 19 nay vote fell short of this
requirement, and that SB 7 was not validly enacted into law.
Representative Berkowitz moved that the Council appeal the decision.
YEAS: Green, Berkowitz, Kott, Murkowski, Ogan, Rokeberg, Cowdery,
Halford, P. Kelly, and Elton
NAYS: None
ABSENT: Donley, Porter and Torgerson
The motion was approved by 10 to 0.
(C) Representative Berkowitz stated that at the previous Council
meeting, the Council tabled a motion regarding the Anchorage Legislative Office
parking lot. Representative Berkowitz moved that the Council un-table that
motion to allow the public to rent space or park in the Legislative Office parking
lot after hours.
Discussion followed.
Representative Green appointed a subcommittee on the issue with
Representative Murkowski as Chair and Representatives Berkowitz, Green, and
Senator Cowdery and Donley as the members.
The meeting was adjourned at 11:10 a.m.
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