Legislature(2001 - 2002)
11/01/2001 09:12 AM House LEC
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Legislative Council
November 1, 2001
1. ROLL CALL
The Legislative Council meeting was called to order at 9:12 a.m. by Representative
nd
Green, Legislative Council Chair, in the Anchorage 2 Floor Conference Room & via
teleconference.
The roll was taken. In attendance were Council members Green, Kott, Murkowski,
Ogan, Rokeberg, Berkowitz, Cowdery, Halford, P. Kelly, Torgerson and Elton.
Members absent were Porter and Donley. Staff present were: Varni, Finley, Ibesate,
Price, Collins, Schofield and Ellis.
2. APPROVAL OF September 5, 2001 MINUTES
Senator Cowdery made a motion for a minor correction on page 1, section 3(A), third line
down, to change "cities" to "entities" because some of those plaintiff's are not
representing cities, they're representing themselves. Representative Green moved to
approve the minutes of September 5, 2001 with the correction.
YEAS: Green, Kott, Murkowski, Ogan, Berkowitz, Cowdery, Halford, P. Kelly
and Elton
NAYS: None
ABSENT: Porter, Rokeberg, Donley and Torgerson
The minutes were approved unanimously.
3. PRINT SHOP PAPER PURCHASE
Pam Varni, Executive Director of the Legislative Affairs Agency, explained that
$90,500 is in our FY 02 Administrative Services Budget for Print Shop paper. By
approval of this motion the Print Shop at different times during the fiscal year will be
able to go out to bid and purchase Print Shop paper for printing of bills and for use by all
our various copying machines throughout the Capitol.
Discussion followed.
Senator Cowdery moved that Legislative Council approve the solicitation, expenditure
and award of Print Shop paper in the amount of $90,500 from Legislative Affairs Agency
FY 02 funds.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Halford,
P. Kelly and Elton
NAYS: None
ABSENT: Porter, Donley and Torgerson
The motion was approved unanimously.
4. COUNCIL OF STATE GOVERNMENTS (CSG) ANNUAL MEETING
UPDATE
Pam Varni, presented reports with regards to CSG fundraising and expenditures. One
report as of September 11, 2001 and the other as of October 30, 2001. Ms. Varni
informed Legislative Council that the CSG Meeting was cancelled on September 14,
2001due to the events of September 11, 2001. In working with the Egan Convention
Center, CSG staff, and the three major hotels dates for rebooking for the CSG Conference
are looking like September 29 - October 2,2004. We tried to look at dates in 2002 and
2003 but there was not space available plus the fact that Virginia was already set for
having their meeting in December of 2002 and Pennsylvania in 2003, so we will not be
bumping any states. We have refunded our cash contributions with the exception of a
small amount from sponsors who said we could keep it for the expenses to date. The
CSG Executive Committee will decide on the 2004 location at their December meeting.
Representative Rokeberg made a motion that a letter be sent from Legislative Council,
the House Speaker and Senate President to CSG giving them our support and an
invitation for a CSG Annual Meeting in 2004.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Halford,
P. Kelly and Elton
NAYS: None
ABSENT: Porter, Donley and Torgerson
The motion was approved unanimously.
5. CAPITOL SECURITY MEASURES
Pam Varni presented a memorandum regarding Capitol security measures. Ms. Varni
outlined our current session security, current interim security and made recommendations
for immediate session security measures. Ms. Varni recommended the Council hire a
security expert to do a site security survey of the Capitol and Terry Miller Legislative
Office Building. Approximate cost would be $5,000 for the Capitol, and $2,000 for the
Terry Miller Building plus expenses to come to Juneau from Anchorage. Bob Kean,
Security Director with Doyon Universal Services in Anchorage, provided the estimate.
Pam Varni requested guidelines as to how much and what kind of security the Legislature
would like in the Capitol and Terry Miller Legislative Office Building.
Discussion followed.
Representative Elton made a motion that we accept item #2 from Ms. Varni's
memorandum under Recommended Immediate Session Security Measures with a
recommendation that a cap of $8,000 be placed on spending.
Representative Ogan amended the motion to also include item #1.
Representative Halford recommended that we only go with Senator Elton's motion.
Representative Berkowitz recommended that we go with Senator Elton's motion.
Representative Ogan withdrew his amendment.
Representative Rokeberg moved that we adopt an amendment to the motion on the floor
that under Recommended Immediate Session Security Measures, item #4 be adopted in
Ms. Varni's memorandum.
YEAS: Ogan and Rokeberg
NAYS: Green, Kott, Murkowski, Berkowitz, Cowdery, Halford, Kelly, Torgerson
and Elton
ABSENT: Porter and Donley
The amendment failed 9 to 2.
Discussion Followed.
Representative Green moved to vote on Senator Elton's motion.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Halford,
Kelly, Torgerson and Elton
NAYS: None
ABSENT: Porter and Donley
The motion was approved unanimously.
6. KTOO WIRING APPROVAL IN CAPITOL
Bill Legere requested permission to make modifications to our facilities in the Capitol.
KTOO would upgrade our wiring in the Capitol, which in turn would make it easier for
KTOO to do the audio/video streaming of Legislative meetings on the Internet. There is
no cost to the Legislature KTOO would be doing this.
Discussion followed.
Senator Cowdery moved to authorize the KTOO wiring in the Capitol.
YEAS: Green, Kott, Murkowski, Ogan, Porter, Rokeberg, Berkowitz, Cowdery,
Halford, Kelly, Torgerson, and Elton
NAYS: None
ABSENT: Porter and Donley
The motion was approved unanimously.
7. LATE PER DIEM REQUEST - REPRESENTATIVE KOHRING
Pam Varni presented a memorandum from Vic Kohring requesting interim per-diem for
May and June. Ms. Varni informed Legislative Council that the request exceeds the 60
days and needed to come before Legislative Council for approval. The request was in the
amount is $1,105.00.
Discussion followed.
Senator Donley moved Representative Kohring's per-diem be approved.
YEAS: Kott, Donley, Ogan, Berkowitz, Cowdery, Halford, Torgerson, Elton
NAYS: Green, Murkowski, Rokeberg, and P. Kelly
ABSENT: Porter
Motion passed 8 to 4.
8. KETCHIKAN LIO LEASE RENEWAL
Ms. Varni presented a second year renewal of our lease with 50 FS, LLC in Ketchikan.
The second renewal option is December 1, 2001 to November 30, 2002.
Senator Cowdery moved to approve the second renewal option between 50 FS, LLC and
the Agency with the yearly total of $37,181.16.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Donley,
Halford, Torgerson, and Elton
NAYS: None
ABSENT: Porter and P. Kelly
The motion was unanimously approved.
9. LEGISLATIVE VEHICLE POLICY
Ms. Varni presented a draft Legislative Vehicle Policy and Procedures to be reviewed
and adopted by the Legislative Council. Attached are two forms that would be used by
Legislators and Legislative employees or Agency staff and Sgt.-At-Arms staff signing
that they have read the Legislative Vehicle Policy and Procedures before they drive a
legislative vehicle.
Representative Murkowski recommended changes to the header not only stating the
Executive Director but the Rules Chairs and Presiding Officers.
Senator Cowdery had some concerns about the use of the vans or equipment that there
should be something in writing from the Legislator not the staff so that there is no
question who is responsible.
Representative Murkowski requested that the following changes be made under section
D. (d), Custodian Responsibilities, "that it is forbidden for the driver to use a cell phone."
Representative Ogan on page 3, under E. (c). Storage of Legislative Vehicles. Needs to
address parking in front of a public place that is in question so that the public won't
question the use of the vans.
Senator Halford requested that only licensed drivers be allowed to drive the vehicles.
Representative Kott requested pagers or cell phones be used as a means of
communicating with drivers. Jan Price, Supply Officer stated that pagers are issued to
drivers.
Senator Cowdery requested that (Hands free) speakerphones be permanent fixtures in the
vehicles.
Senator Torgerson moved that the changes requested by Representative Murkowski and
Senator Cowdery be approved.
Senator Donley questioned the writing of the changes. Pam Varni stated that under D.
(d) after "forbidden" adding "by the driver", and adding on page 1 not only the Executive
Director but the Rules Chairs and Presiding Officers and change on page 2, section D. d.
under Custodian Responsibilities. So that it is reworded so that its not so much the
responsibility of the Custodian but the individual actually driving the vehicles.
Senator Donley moved an amendment be added to the motion to specifically delete the
provision on use of cell phone under section D (d). Custodian Responsibilities.
Rep. Green made a motion to vote on the motion as amended.
YEAS: Kott, Ogan, Berkowitz, Cowdery, Donley, Halford, P. Kelly, Torgerson
and Elton.
NAYS: Green and Murkowski
ABSENT: Porter and Rokeberg
The motion passed 9 to 2.
Representative Murkowski requested a change on the form where individuals sign. The
form should be signed-off by the Legislator as well as the employee. A signature line
should be added on the form for the Legislator to sign-off on.
Representative Berkowitz requested an amendment that a
"zero tolerance" for drinking of alcohol by the driver of the vehicle be added.
Representative Green requested that an amendment be added to include "zero tolerance"
and no drinking of alcohol or consumption of substances that could impair driving ability
within 8 hours before driving vehicles.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Donley,
Halford, P. Kelly, Torgerson and Elton
NAYS: None
ABSENT: Porter
Motion as amended passed unanimously.
Representative Green requested a vote to adopt the Policy and Procedures for Legislative
Vehicles as amended.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery, Donley,
Halford, P. Kelly, Torgerson and Elton
NAYS: None
ABSENT: Porter
Motion was approved unanimously.
10. REDISTRICTING INTERVENTION UPDATE
Representative Green gave a brief update on the status of the Redistricting Intervention.
Representative Green requested that Legislative Council authorize up to $250,000 for the
amicus brief in the redistricting suit and consult with expert witnesses.
Discussion followed.
Senator Donley moved to authorize the Council to make it clear that the motion from the
prior meeting also included the following suggestion from the Judge that it would be
appropriate for the Legislature to do an amicus brief and that in preparing that amicus
brief it would be appropriate for the Legislative Council or whoever is representing the
Legislature to consult with expert witnesses. Senator Donley stated The expert witness is
appropriate every though they would not be testifying at the hearings because the
questions raised here deals with the constitutional requirements of how house districts are
constructed and those involve expert testimony as far as the social economic links. It is
perfectly appropriate for Council preparing the amicus brief to consult with experts
regarding those social economic considerations because that's going to be a big factor
where the court is going to be looking.
Discussion followed.
Representative Murkowski moved that Legislative Council file with the court, as amicus
curiae in the proceedings.
Representative Green requested a modification so that we don't get into that definition
issue, that it also include the right to discuss strategy or whatever attorneys do in this case
with expert witnesses since that's the turn the whole concept seems to be taking a battle
of expert witnesses or whatever our attorney needs to learn from those expert witnesses.
Discussion followed.
Representative Berkowitz made an amendment the attorney be instructed not to share or
consult with other plaintiffs.
YEAS: Berkowitz and Elton
NAYS: Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Donley, Halford, P.
Kelly and Torgerson
ABSENT: Porter
Motion failed 2 to 9.
Representative Green moved Legislative Council gives authorization for attorneys to file
an amicus brief in the redistricting suit and participate in expert witnesses not to exceed
$250,000.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Cowdery, Donley, Halford, P.
Kelly, and Torgerson
NAYS: Berkowitz and Elton
ABSENT: Porter
Motion passed 9 to 2.
11. KATIE JOHN LITIGATION UPDATE
Mr. Popely briefed Legislative Council on the appeal of the Katie John case and
submitted copies of court papers for review.
Discussion followed.
12. COMPUTER & TECHNOLOGY UPDATE
Representative Kott updated Legislative Council on the status of the new PDA's
(Personal Digital Assistant). Representative Kott describes the contents of the PDA
packages. He described a security problem with the PDA's, noting that Microsoft came
out with a fix and it is currently being looked at by DP and it should be corrected by the
st
1 of the January. He also noted that there would be training offered on the use of the
st
new system. All new machines will be ready by the 1 of the year. He congratulated DP
for a great job done.
13. GAS PIPLELINE UPDATE
Senator Torgerson gave a brief update to Legislative Council on the Gas Pipeline.
Senator Murkowski is introducing new legislation on the Gas Pipeline. Senator Torgerson
stated that he has contacted Senator Murkowski's Office and they will be sending a copy
of the new legislation. Senator Torgerson stated he would like to hire an economist and
have him/her on board by December. Senator Torgerson also stated that Legislative
Counsel, Jack Chenoweth is currently reviewing and highlighting special interests for us.
Discussion followed.
Rep. Ogan moved that Legislative Council solicit, award and expend funds for a
Economist Petroleum consultant under specification to be developed by the Chairman of
the Joint Committee on the Natural Gas Pipeline in an amount not to exceed $300,000.
YEAS: Green, Kott, Murkowski, Ogan, Rokeberg, Berkowitz, Cowdery,
Torgerson and Elton
NAYS: None
ABSENT: Porter, Donley, Halford and P. Kelly
Motion passed unanimously.
14. FIRST AID POLICY
Pam Varni informed Legislative Council of the Agency's current first aid policy.
Currently our Chief of Security, armed/unarmed security guards and our previous supply
officer were trained with the AED (Automated External Defibrillator) machine. We are
now looking at having that same training provided again and having the current Supply
Officer for the Agency receive training with the AED machine. Pages will receive CPR
training.
15. ALASKA 20/20 CONFERENCE
Jane Angvik, Program Manager for the Alaska 20/20 Forum introduced herself and
would like to invite the members of the Legislature to attend the Conference on the
Future of Alaska. The conference is November 27 - 28, 2001 in Anchorage at the
Captain Cook Hotel. Ms. Angvik gave a brief description of the Alaska 20/20 Forum.
Ms. Angvik also stated that Representative Porter has given authorization for
Representatives to attend the conference by paying for the registration and transportation
fees. Representative Green asked Ms. Angvik to speak with Senator Halford about
paying for the cost of Senators wishing to attend the conference. Representative Green
stated that he would help in anyway possible.
The meeting was adjourned at 12:35pm.
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