Legislature(2001 - 2002)

03/01/2002 12:18 PM House LEC

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
LEGISLATIVE COUNCIL                                                                                                             
March 1, 2002                                                                                                                   
                                                                                                                                
1.      ROLL CALL                                                                                                             
                                                                                                                                
The  Legislative Council  meeting  was  called to order at 12:18  p.m. by Representative   Joe                                  
Green,  Legislative Council  Chair,  in the Senate Finance  Committee    Room   at the Alaska                                   
State Capitol.                                                                                                                  
                                                                                                                                
The  roll was taken.  In attendance were  Council  members   Green,  Kott, Murkowski,   Ogan                                    
(via teleconference), Porter, Rokeberg,   Berkowitz,  Cowdery,    Donley,  Halford, Kelly,  B.                                  
Stevens,  Torgerson   and  Elton.   Staff  present were:    Varni,  Clothier, Cook,   Collins,                                  
Gullufsen, Ibesate, Johnston, Price and Schofield.                                                                              
                                                                                                                                
2.      APPROVAL OF January 28, 2002 MINUTES                                                                                  
                                                                                                                              
Representative Green moved the minutes of the January 28, 2002 meeting be approved.                                             
                                                                                                                                
Senator  Elton made   a motion  for a correction  on page  3, section 5, first paragraph, first                                 
line, after "November"     delete "Legislative  Council"   and  insert "Joint  Committee   on                                   
Natural  Gas  Pipeline".  Representative  Green  moved   to approve   the minutes  of January                                   
28, 2002 with the correction.                                                                                                   
                                                                                                                                
YEAS:           Green,  Kott,  Ogan,   Porter,  Rokeberg,    Berkowitz,   Cowdery,    Donley,                                   
                Halford, Kelly, B. Stevens, Torgerson and Elton                                                                 
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
ABSENT:         Murkowski                                                                                                       
                                                                                                                                
The motion was approved unanimously.                                                                                            
                                                                                                                                
3.      HOGAN & HARTSON CONTRACT AMENDMENT                                                                                    
                                                                                                                              
Senator  Torgerson,   Chairman   of the  Joint Committee    on Natural  Gas   Pipeline, stated                                  
there was  an increase in the amount   per month  that would  be paid  for monitoring  federal                                  
legislation in the current contract.  Senator Torgerson   stated that originally he had asked                                   
for monthly   reports, but instead wanted   weekly  reports, which  increases  the amount   to                                  
$1,960  from   $1,410.   Senator  Torgerson   further stated  that Hogan   &  Hartson  would                                    
physically pick up amendments from the U.S. Capitol.                                                                            
                                                                                                                                
Senator  Torgerson   made   a  motion  to  authorize  the increase  and  authorizing  Senator                                   
Torgerson  to make   amendments    to the Hogan  &  Hartson  Contract as necessary  on behalf                                   
of Legislative  Council  except  that any amendments    increasing  the contract amount   will                                  
be brought before Legislative Council for approval.                                                                             
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Representative  Green   moved  for a vote  to approve  the amendment    presented  by Senator                                   
Torgerson.                                                                                                                      
                                                                                                                                
YEAS:           Green,  Kott,  Ogan,   Porter,  Rokeberg,    Berkowitz,   Cowdery,    Donley,                                   
                Halford, Kelly, B. Stevens, Torgerson and Elton                                                                 
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
ABSENT:         Murkowski                                                                                                       
                                                                                                                                
Motion was approved unanimously.                                                                                                
                                                                                                                                
4.      KEVIN CLARKSON CONTRACT APPROVAL                                                                                      
                                                                                                                                
Senator  Kelly   moved   that  Legislative  Council   approve   a contract  with  Mr.   Kevin                                   
Clarkson  to  assist the Legislature in the  case, Planned   Parenthood   of Alaska  v. State,                                  
which is currently before the Court. The contract would be for $300,000.                                                        
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator  Elton made  a motion  that the contract be approved   contingent upon  a report from                                   
Mr.  Clarkson  as  to whether  there is a conflict of interest.  Mr.  Clarkson  will obtain  a                                  
waiver  or letter from  the Bar  Council  stating that  a conflict of interest does  not exist                                  
and/or a waiver exempting Mr. Clarkson.                                                                                         
                                                                                                                                
Representative   Green  made   a  motion  for  a vote  to change   the amendment     that was                                   
offered by  Senator  Kelly making   it conditional upon  whether  or not Legislative  Council                                   
receives a letter from Mr. Clarkson   suggesting that there is no conflict of interest and/or a                                 
waiver from the Bar Council exempting Mr. Clarkson.                                                                             
                                                                                                                                
YEAS:           Berkowitz and Elton                                                                                             
                                                                                                                                
NAYS:           Green, Kott, Ogan, Porter, Rokeberg, Cowdery, Donley, Halford, Kelly,                                           
                B. Stevens and Torgerson                                                                                        
                                                                                                                                
ABSENT:         Murkowski                                                                                                       
                                                                                                                                
Motion failed 11 to 2.                                                                                                          
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Representative  Green  moved   for a vote to enter into a contract with Mr.  Clarkson  for the                                  
solicitation, award and expenditure of funds in an amount of $300,000.                                                          
                                                                                                                                
YEAS:           Green, Kott, Ogan,  Porter, Rokeberg,  Cowdery,   Halford,  Kelly, B. Stevens                                   
                and Torgerson                                                                                                   
                                                                                                                                
NAYS:           Berkowitz and Elton                                                                                             
                                                                                                                                
ABSENT:         Donley and Murkowski                                                                                            
                                                                                                                                
Motion passed 10 to 2.                                                                                                          
                                                                                                                                
Public  testimony  was   heard  from  Valerie  Therrien  and  Hugh   Fleischer  regarding  the                                  
Kevin Clarkson contract.                                                                                                        
                                                                                                                                
5.      FY 2001 LEGISLATIVE AUDIT REPORT                                                                                      
                                                                                                                                
Pam   Varni,  Executive   Director, Legislative  Affairs  Agency,   presented   the FY   2001                                   
Legislature  Audit  Report,  a management    letter to members   of Legislative  Council  and                                   
members   of the Legislative  Audit and  Budget  committees,  and  financial statements.  Ms.                                   
Varni  affirmed a clean  audit with no  audit exceptions and  asked  that Legislative Council                                   
approve the one-year renewal with KPMG for the Legislature's FY 2002 Audit.                                                     
                                                                                                                                
Senator  Cowdery   moved   that Legislative Council  approve  the 1-year  renewal  for the FY                                   
2002 Audit.                                                                                                                     
                                                                                                                                
YEAS:           Green,  Kott, Murkowski,    Ogan,  Porter, Rokeberg,   Berkowitz,   Cowdery,                                    
                Halford, Kelly, B. Stevens, Torgerson and Elton                                                                 
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
ABSENT:         Donley                                                                                                          
                                                                                                                                
Motion was approved unanimously.                                                                                                
                                                                                                                                
6.      TELECOMMUNICATION                PARTNERING         PLAN/MEMORANDUM               OF                                  
        AGREEMENT BETWEEN LEGISLATURE & DEPARTMENT OF                                                                         
        ADMINISTRATION                                                                                                        
                                                                                                                                
Larry  Walsh,   Director, ITG   and  Jeff Tyson,  Vice-President,  ACS    briefed Legislative                                   
Council   on the  agreement   the  State of  Alaska  has  reached  with  the  ACS   statewide                                   
enterprise Telecommunication Partner Agreement.                                                                                 
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator   Cowdery    moved   that  Legislative  Council   approve   the participation  of  the                                  
Legislature  in the  Telecommunications     Service  Agreement    because   it is in the  best                                  
interest of the Legislature.                                                                                                    
                                                                                                                                
YEAS:           Green,  Kott, Murkowski,    Ogan,  Porter, Rokeberg,   Berkowitz,   Cowdery,                                    
                Halford, Kelly, B. Stevens, Torgerson and Elton                                                                 
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
ABSENT:         Donley                                                                                                          
                                                                                                                                
Motion was approved unanimously.                                                                                                
                                                                                                                                
7.      FY 2003 LEGISLATIVE AFFAIRS AGENCY BUDGET                                                                             
                                                                                                                                
Pam   Varni,  Executive   Director,  Legislative  Affairs Agency    presented  the  FY   2003                                   
Legislative Affairs  Agency  Budget,  and  stated that the request for FY  2003  is showing  a                                  
1.2%   decrease  and   that amount   is  about  a  $489,900   decrease  from   our  FY   2002                                   
authorized  budget.   One  of the larger components    in our  budget  request is that we  are                                  
budgeting   like the Executive   Branch   for the 3%   cost-of-living  adjustment  and  heath                                   
insurance increase.                                                                                                             
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator  Cowdery   moved   that Legislative Council  submit the FY  2003  Legislative  Affairs                                  
Agency budget request to the House & Senate Finance Committees for their review.                                                
                                                                                                                                
YEAS:           Green, Kott, Murkowski,    Porter, Rokeberg,  Berkowitz,  Cowdery,   Halford,                                   
                Kelly, B. Stevens, Torgerson and Elton                                                                          
                                                                                                                                
NAYS:           None                                                                                                            
                                                                                                                                
ABSENT:         Donley and Ogan                                                                                                 
                                                                                                                                
Motion was approved unanimously.                                                                                                
                                                                                                                                
8.      FY 2003 OFFICE OF THE OMBUDSMAN BUDGET                                                                                
                                                                                                                                
Maria  Moya,   Acting   Ombudsman,     submitted  the  proposed   office of the  Ombudsman                                      
budget  for  FY  2003.   Ms.  Moya    stated the proposed   FY   2003  budget  request  is for                                  
maintenance   level funding   and  is requesting funding   in all categories at the FY   2002                                   
levels and  includes  an  increment   for anticipated  changes  in personal  services.  These                                   
changes  include  the cost of covering  an increase  in heath insurance  and funding  the  3%                                   
salary cost-of-living  adjustment.   The  health  insurance  rate increase is expected  to  be                                  
$5,000 and the COLA  $14,000.                                                                                                   
                                                                                                                                
Representative Porter moved to accept the Ombudsman budget.                                                                     
                                                                                                                                
With  no  objection the motion  was  approved   unanimously.    Representative  Ogan  was  no                                   
longer participating via teleconference so a roll call vote was not necessary.                                                  
                                                                                                                                
9.      ANCHORAGE           OFFICE       SPACE       SUBCOMMITTEE             REPORT        &                               
        RECOMMENDED ACTION BY COUNCIL                                                                                         
                                                                                                                                
Senator  Cowdery    briefed Legislative  Council  on  the Subcommittee    meetings.   Senator                                   
Cowdery    asked  Ms.  Varni  to comment.     Ms.  Varni  informed   the Committee    that the                                  
Agency   was  instructed to prepare  an RFP.   The  Agency   worked  with  the Subcommittee                                     
on  the House   and Senate  office configurations,  and  will be  getting a draft RFP   to the                                  
Subcommittee    members.    At this time, the Subcommittee   is asking Legislative Council  to                                  
approve the solicitation of office space for Anchorage.                                                                         
                                                                                                                                
Discussion followed.                                                                                                            
                                                                                                                                
Senator  Cowdery   moved   that Legislative Council  approve  the solicitation of office space                                  
for Anchorage.                                                                                                                  
                                                                                                                                
With no objection the motion was approved unanimously.                                                                          
                                                                                                                                
10.  SECURITY RECOMMENDATIONS                                                                                               
                                                                                                                                
Representative   Porter  made   a motion   under  AS   44.62.310(c)(1)   and  Uniform   Rules                                   
22(b)(1) that the Legislative Council  consider the subject of the Capitol security measures                                    
in Executive   Session,  as the decision  in the  matter could  have  an  adverse  impact  on                                   
public funds.  Representative  Porter  also requested that Pam  Varni,  Karla Schofield, Don                                    
Johnston and Wayne Fleek also attend the Executive Session to give advice on the issue.                                         
                                                                                                                                
The Council came out of Executive Session at 1:45pm.                                                                            
                                                                                                                                
Representative   Porter made   a  motion  for  the approval  of  the solicitation, award  and                                   
expenditure  of Legislative Affairs Agency   funds for security improvements    to the Capitol                                  
and Terry Miller Legislative Office Building recommended in Executive Session.                                                  
                                                                                                                                
With no objection the motion was approved unanimously.                                                                          
                                                                                                                                
The meeting was adjourned at 1:47pm.                                                                                            

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