Legislature(1999 - 2000)
06/28/2000 10:40 AM Senate LEC
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
LEGISLATIVE COUNCIL
June 28, 2000
1. ROLL CALL
The Legislative Council meeting was called to order at 10:40 a.m. by
Senator Mike Miller, Legislative Council Chair, in the Anchorage LIO
Conference Room and via teleconference.
The roll was taken. In attendance were Council members Miller, Donley,
Tim Kelly, Leman, Pearce, Hoffman, Torgerson (via teleconference),
Barnes (via teleconference), Berkowitz, Cowdery, Gail Phillips (via
teleconference), Porter, and Rokeberg. Council member Ogan was absent.
Staff present were Varni and Gore, and by teleconference, Cook, Finley,
Gullufsen, Ibesate, Johnston, Pence, Price, Schofield, and Wyatt.
2. APPROVAL OF THE APRIL 11, 2000 MEETING MINUTES
Senator Pearce moved the minutes of the April 11, 2000 meeting be
approved.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce,
Torgerson, Berkowitz, Cowdery, Porter and Rokeberg
NAYS: None
ABSENT: Barnes, Ogan and Phillips
The motion was approved 11 - 0.
3. PRESENTATION FROM REDISTRICTING COMMITTEE/BUDGET APPROVAL
Doug Wooliver, Chair Redistricting Planning Committee, presented a
request for authorization for the Redistricting Planning Committee and
the Redistricting Board to spend appropriated funds. Members of the
Redistricting Planning Committee present were Scott Sterling and Kevin
Jardell. The Redistricting Planning Committee's responsibilities
include setting up a computer system, ascertaining the data needs for
the Redistricting Board, preliminary work for the Redistricting Board
and compiling that data.
$350,000 was appropriated in FY00 to the Legislative Council for the
Redistricting Planning Committee. The Legislature also appropriated
$600,000 for FY01 to the Legislative Council for the operations of the
Redistricting Planning Committee and the Redistricting Board.
Discussions by Phillips, Pearce, and Jardell followed regarding Board
expenditures and appointments.
Representative Barnes made a motion to approve the Redistricting
Planning Committee and Redistricting Board budget as overseen by LAA
and Legislative Council.
Senator Miller provided options to the motion.
1. Approve the overall budget and let LAA disperse the
funds
2. Council approve each item on an individual basis
3. Let the committee spend under $25,000 and have
amounts over $25,000 go to Council
Discussion followed by Senator Pearce and Representatives Barnes and
Phillips regarding timeline for appointment to the Redistricting Board.
Representative Barnes restated the motion as follows: Approve the
presentation of the Redistricting Committee and approval of the budget
for the Committee. Expenses will be submitted to LAA to ensure
compliance with legislative procedures.
Discussion by Representatives Phillips, Barnes and LAA Executive
Director Pam Varni regarding clarification of funds by the
Committee/Board, justification and Legislative Council procurement
codes followed.
Senator Miller restated the motion by Representative Barnes to approve
the Redistricting Planning Committee budget. The Redistricting Board
will go to LAA for accounting and payment of any expenses within the
funds appropriated for the Redistricting Board.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce, Barnes,
Berkowitz, Cowdery, Phillips, Porter and Rokeberg
NAYS: None
ABSENT: Torgerson and Ogan
The motion was approved unanimously 12 - 0.
4. CAPITAL BUDGET EXPENSES/APPROVAL
Pam Varni requested Council approval of solicitation, expenditure and
award of several capital projects. Total funding from SB 192 is
$334,600 and would fund Capitol fire escape upgrades, Capitol parking
garage repair, sandstone repair, window leak repair and power washing
and sealing of the Capitol. Existing funds in the amount of $105,000
are available from legislative renovation funds for repairing the Third
Street retaining wall, resurfacing the parking lots, and landscaping.
Discussion followed from Representatives Barnes, Berkowitz, and
Phillips and Senator Pearce regarding existing repairs, status of
repairs and fire escape upgrade cost.
Pam Varni explained that some of these projects would not be able to be
completed this interim because of time constraints and contractors
unavailable this late in the construction season. She explained small
repairs had been made to the fire escapes and that an engineer had been
hired to look at the fire escapes and provide recommendations. Because
the fire escape is also a heavy traffic area safety was an issue.
Recommendations were made for blasting and painting, putting in steel
reinforcements and opaque panels in the stairwells and replacing the
handrails because they do not meet code.
Representative Barnes moved the Legislative Council approve the
solicitation, award and expenditure of capital funds for the projects
in the amount of $439,600.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce,
Torgerson, Barnes, Berkowitz, Cowdery, Phillips,
Porter and Rokeberg
NAYS: None
ABSENT: Ogan
The motion was approved unanimously 13 - 0.
5. UNIVERSITY LANDS VETO LAWSUIT APPROVAL
Senator Miller wanted Tamara Cook to address the larger issue of what
is an appropriation and what isn't and asked if the Council goes
forward with the lawsuit can we do it in-house?
Tamara Cook summarized the Attorney General's Office has concluded that
the transfer of land under SB 7 amounts to an appropriation or a bill
to raise revenues. It is the opinion of Legal Services that the
university land bill, which may ultimately have the effect of producing
revenue, is very indirect and is not an appropriation bill for the
purpose of veto override.
Discussion followed by Senators Donley and Pearce, and Representatives
Barnes, Berkowitz and Phillips.
Senator Miller asked if the suit could be handled in-house.
Tamara Cook thought that the lawsuit could be handled very well by
Legal Services. There is no other large litigation going on and the
only large commitment they have is to the RFP for statute publication
that is taking all of Pam Finley's time. The lawsuit would be assigned
to James Crawford.
Tamara Cook also requested a legislative contact to act as the client
on behalf of the Legislative Council.
Senator Miller made a motion to file suit on behalf of Legislative
Council with Ted Popely appointed as the contact client on behalf of
Legislative Council for Legal Services.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce,
Torgerson, Barnes, Berkowitz, Cowdery, Phillips,
Porter and Rokeberg
NAYS: None
ABSENT: Ogan
The motion was approved unanimously 13 - 0.
6. LEGISLATIVE COUNCIL PRINTING POLICY DISCUSSION &
SUBCOMMITTEE
Pam Varni requested Legislative Council to revisit the Legislative
Council Printing Policy. It is stated in Uniform Rule 5 --"No requests
for duplication of personal or unauthorized items or items not
accompanied by a work order signed by an authorized person may be
accepted."
The word personal has to be defined.
Some Legislative Offices are printing off newsletters and large mail
projects on small hallway copiers or office printers which is very
expensive. Other offices use their allowance accounts and send these
project to outside printers.
The Legislative Printshop has the time and capability to print these
projects, and is looking at the cost of getting equipment that would
enable them to print pictures in halftone.
Discussion by Senators Leman, Donley, and Pearce and Representative
Barnes followed.
Senator Miller assigned a subcommittee to look into the Legislative
Council Printing Policy. Members assigned:
Representative Barnes, Chair
Senator Donley
Representative Cowdery
7. UPDATE ON STATUTE PUBLICATION RFP
The Statute publication RFP is moving forward. Pam Finley has drafted
the RFP and an evaluation committee has been put together. Closing
date for responses will be in September and the committee may have a
recommendation for the Council in October.
8. PRINT SHOP PAPER APPROVAL
Pam Varni requested approval of the Council to solicit, expend and
award $90,500 for paper from FY01 funds.
Representative Barnes, moved the Legislative Council approve the
solicitation, expenditure and award of printshop paper in the amount of
$90,500 from Legislative Affairs Agency FY01 funds.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce,
Torgerson, Barnes, Berkowitz, Cowdery, Phillips,
Porter and Rokeberg
NAYS: None
ABSENT: Ogan
The motion was approved unanimously 13 - 0.
9. ALASKA MOVING IMAGE PRESERVATION ASSOCIATION CONTRACT
APPROVAL
Senator Tim Kelly explained the historical Legislative audio and video
tapes are beginning to degrade and have to be remastered. He requested
Legislative Council approve the expenditure of $29,000 to have Alaska
Moving Image Preservation Association (AMIPA) work on the remastering.
Representative Barnes moved Legislative Council approve the expenditure
of $29,000 to AMPIA pending a contract by AMIPA.
YEAS: Miller, Donley, Hoffman, Tim Kelly, Leman, Pearce,
Torgerson, Barnes, Berkowitz, Cowdery, Phillips,
Porter and Rokeberg
NAYS: None
ABSENT: Ogan
The motion was approved unanimously 13 - 0.
10. CONSTITUTIONAL AMENDMENT INTERVENTION
Senator Donley moved the Legislative Council authorize Legal Affairs to
take initial intervention steps if there are any challenges to the
three constitutional amendments on the fall ballot.
Tam Cook stated that because we could not anticipate what kind of
challenge would be brought against the amendments, the motion might be
premature.
Senator Pearce asked Ted Popley to update the Council on the ballot
language of the three initiatives.
Senator Miller stated if any constitutional amendment passed by the
Legislature needed clarification or wound up in the courts prior to the
election, a Council meeting would be held to deal with the issue.
Senator Donley withdrew his motion.
Meeting was adjourned at 11:55 a.m.
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