Legislature(1999 - 2000)
10/12/2000 10:12 AM Senate LEC
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
LEGISLATIVE COUNCIL
October 12, 2000
1. ROLL CALL
The Legislative Council meeting was called to order at 10:12 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,
Hoffman, Tim Kelly, Leman, Torgerson (via teleconference), Barnes (via
teleconference), Berkowitz, Cowdery, Ogan (via teleconference), Porter,
and Rokeberg. Council members absent were Pearce and G. Phillips.
Staff present were Varni and Gore and by teleconference, Finley,
Ibesate, Pence, Schofield, and Wyatt.
2. APPROVAL OF THE JUNE 28, 2000 MEETING MINUTES
Senator Donley moved the amended minutes of the June 28, 2000 meeting
be approved.
YEAS: Miller, Donley, Hoffman, Leman, Torgerson, Barnes,
Berkowitz,
Cowdery, Ogan and Porter
NAYS: None
ABSENT: T. Kelly, Pearce, G. Phillips, and Rokeberg
The motion was approved 10 - 0.
3. STATUTE PUBLICATION RFP
Mary Gore explained the Council had appointed a selection committee to
handle the Statute Publication RFP. Council reserved final
approval/award of contract based on selection Committee
recommendations. The packet in front of the Council was the summary of
the evaluator's comments. The Committee of 11 members consisting of a
Legislator, two legislative staff, two private sector attorneys, a
representative from the Court System, and representatives from the
Legislative Affairs Agency including the Revisor of Statutes, data
processing and the legislative library, reviewed the proposals from two
qualified bidders. She stated the Committee recommended the Council
continue with the current publisher, Lexis Publishing.
Discussion followed.
Representative Berkowitz indicated that he wanted the opportunity to
review the evaluator's summary before making a decision on the RFP.
Council Chair Miller deferred the award of the statute publication
contract until a later meeting so all members of Council would have
time to review the relevant material.
4. APPROVAL OF AMICUS BRIEF-BESS V. ULMER - CHARLIE COLE
Senator Donley stated that at the last Council meeting the Council
discussed if a lawsuit was filed challenging Ballot Measure 2, in an
attempt to remove it from the ballot. He stated former Attorney
General Charles Cole agreed to represent the Legislature in the matter
and if it were necessary the Council would move ahead and defend the
action. A lawsuit was filed and Attorney General Cole defended the
placing of Ballot Measure 2 on the ballot and prevailed at the Superior
Court level. There has been a subsequent appeal to the State Supreme
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Court. Oral arguments are scheduled for November 13. Charlie Cole is
in the process of preparing the briefs for the appeal to the State
Supreme Court.
Discussion followed.
Representative Barnes moved the contract with Mr. Charlie Cole be
amended for an additional $20,000 for a total contract amount of
$40,000. Representative Berkowitz objected.
YEAS: Miller, Donley, T. Kelly, Leman, Torgerson, Barnes,
Cowdery,
Ogan, Porter, and Rokeberg
NAYS: Berkowitz and Hoffman
ABSENT: Pearce and G. Phillips
The motion was approved 10 - 2.
5. APPROVAL OF AMICUS BRIEF-NATIVE GAMING CASES - DON MITCHELL
Ted Popely, Majority Counsel briefed the Council regarding the native
gaming cases filed in District Court last year by Akiachak Native
Community and the Native Village of Barrow and the Kiniki. The group
filed a lawsuit against the National Indian Gaming Regulatory
Commission. He stated that the principal issue in the case was whether
or not these groups are federally recognized Indian tribes and
therefore exempt from State gaming laws. They have petitioned the
Commission to conduct gaming on certain town site lots and villages
that fall outside what is permissible under State Statute. Don
Mitchell was retained to file a motion to intervene in the lawsuit on
behalf of Council in order to raise the issue of whether or not the
three entities are in fact federally recognized Indian tribes.
Discussion followed.
Representative Barnes moved the contract with Mr. Don Mitchell be
approved in the amount of the $25,000.
YEAS: Miller, Donley, Leman, Torgerson, Barnes, Cowdery, Ogan,
Porter, and Rokeberg
NAYS: Berkowitz and Hoffman
ABSENT: T. Kelly, Pearce and G. Phillips
The motion was approved 9 - 2.
6. UPDATE OF AMICUS BRIEF-KATIE JOHN
Ted Popely, Majority Council briefed the Council relating to the
Legislature's interests in the Katie John v. United States and State of
Alaska case that is now pending before the Ninth Circuit Court of
Appeals. Mr. Popely explained that Mr. Paul Lenzini was retained to
file an amicus brief in support of the State of Alaska's appeal in the
Katie John case. He indicated we have worked fairly closely in
conjunction with the Attorney General's office and provided tremendous
amount of research through Mr. Lenzini's office and with Mr. Lenzini's
subcontractor, Ms. Gayle Norton, former Attorney General, State of
Colorado. The case is set for oral arguments in San Francisco,
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December 20.
Representative Porter moved, since the lawsuit is now happening in the
interim, the Council has jurisdiction to adopt the contract and
continue through with the lawsuit. Representative Berkowitz objected.
Discussion followed.
Roll call was taken:
YEAS: Miller, Donley, Leman, Torgerson, Barnes, Cowdery, Ogan,
Porter, and Rokeberg
NAYS: Berkowitz, Hoffman and T. Kelly
ABSENT: Pearce and G. Phillips
The motion was approved 9 - 3.
Senator Hoffman made a motion to approve $20,000 for rural Legislators
to hire an attorney to take the opposite view of the Council and file
an amicus brief in the Katie John case. Representative Ogan objected.
Discussion followed.
YEAS: Berkowitz and Hoffman
NAYS: Miller, Donley, T. Kelly, Leman, Torgerson, Barnes, Cowdery,
Ogan, Porter and Rokeberg
ABSENT: Pearce and G. Phillips
The motion failed 2 - 10.
7. APPROVAL OF LEGISLATIVE PRINTING/COPYING GUIDELINES
Representative Barnes updated the Council about the Printing Guidelines
as recommended by the subcommittee in regards to items that are
allowable and non-allowable to print by the Print Shop employees.
Representative Barnes asked the Council to adopt the guidelines as
recommended by the Council Subcommittee.
Discussion followed.
Senator Donley moved a motion to amend under Section #7, Allowable
printing to read as follows: The Print Shop will keep one copy of any
large print shop job for record purposes by the Rules Chairs or
Presiding Officers and the appropriate Rules Chairs shall be notified
of all print request larger than 1000 copies.
YEAS: Miller, Donley, Hoffman, T. Kelly, Leman, Torgerson,
Barnes,
Cowdery, Ogan, Porter, and Rokeberg
NAYS: Berkowitz
ABSENT: Pearce and G. Phillips
The motion was approved 11 - 1.
Representative Barnes moved the Council adopt the Legislative Printing
Guidelines as amended.
YEAS: Miller, Donley, Hoffman, T. Kelly, Leman, Torgerson,
Barnes,
Cowdery, Ogan, Porter, and Rokeberg
NAYS: Berkowitz
ABSENT: Pearce and G. Phillips
The motion was approved 11 - 1.
Representative Rokeberg asked the Council to look into the possibility
of conducting a study regarding the Legislative Office Account to see
if the amount should be increased. Council Chair Miller assigned a
subcommittee to look at the Office Account and report to the Council at
the next Council meeting. Members assigned:
Representative Rokeberg, Chair
Senator Donley
Senator Hoffman
8. APPROVAL OF KETCHIKAN LIO LEASE RENEWAL
Representative Barnes moved approval of the office space for the
Ketchikan Legislative Information Office, Senator Taylor, and
Representative Williams in the amount of $3,079.73 per month ($1.42 per
sq. ft. for 2,169.5 sq. ft.) be approved.
YEAS: Miller, Donley, Hoffman, T. Kelly, Leman, Torgerson,
Barnes,
Berkowitz, Cowdery, Ogan, Porter, and Rokeberg
NAYS: None
ABSENT: Pearce and G. Phillips
The motion was approved unanimously 12 - 0.
9. CITATION PAPER SIZE
Council Chair Miller explained the size of the citation paper was
brought to his attention. It is hard to find frames to fit the size of
the current citation paper.
Senator Donley said he thought filing would be difficult if we went to
a larger size. He suggested going to a smaller size. Representative
Barnes objected.
Discussion followed.
Representative Barnes moved approval to change the size of the citation
paper from 8.5" x 14" to 11" x 14" so that it would fit standard
frames.
YEAS: Miller, Donley, Hoffman, T. Kelly, Torgerson, Barnes,
Berkowitz,
Cowdery, Ogan, and Porter
NAYS: Leman and Rokeberg
ABSENT: Pearce and G. Phillips
The motion was approved 10 - 2.
10. LATE PER DIEM REQUEST - THERRIAULT
Representative Barnes moved the Council approve the late per diem
request by Representative Therriault.
YEAS: Miller, Donley, Hoffman, T. Kelly, Leman, Torgerson,
Barnes,
Berkowitz, Cowdery, Ogan, Porter, and Rokeberg
NAYS: None
ABSENT: Pearce and G. Phillips
The motion was approved unanimously 12 - 0.
11. HOUSE RECORDS NOISE LEVEL
Pam Varni explained Council members received a memorandum from the
House Records Supervisor complaining about the noise level in the gym
in the Terry Miller Legislative Office Building. The House Records
office shares a wall with the gym. Mats were purchased and installed
to help decrease the noise level, however, the mats did not completely
solve the problem.
Discussion followed.
Several members wanted to experience the noise problem first hand
before making a decision. Council Chair Miller recommended that this
item be put on hold and the new Council take action on this issue in
January.
12. ADMINISTRATIVE ORDER 186-TRIBES AND TRIBAL GOVERNMENT
Representative Rokeberg requested the Council draft a letter similar to
the Alaska Congressional Delegation's letter to Governor Knowles
requesting the Governor to provide the Council with the Department of
Law's economic and legal analysis of the implications of Administrative
Order 186.
YEAS: Miller, Donley, Hoffman, Torgerson, Barnes, Berkowitz,
Cowdery,
Ogan, Porter, and Rokeberg
NAYS: None
ABSENT: T. Kelly, Leman, Pearce and G. Phillips
The motion was approved unanimously 10 - 0.
13. UNFINISHED BUSINESS
Redistricting Board
Vicki Otte, Chair of the Redistricting Board, informed the Council that
one of the first tasks of the Board was to set the level of
compensation for the Board. The constitution states the Redistricting
Board will be compensated for their duties. She indicated the Board
felt it inappropriate to set its own compensation and therefore
deferred the decision to the Council.
Representative Barnes moved approval of compensation at the level
provided to the previous 1990 Redistricting Board.
Discussion followed.
Senator Kelly amended the previous motion to allow the Board to get
travel and per diem, the same as the legislative rate.
Karla Schofield stated the previous Redistricting Board members were
compensated for travel as allowed under the Administrative Code for
Board and Commissions. They received actual hotel expenses and meal
allowances. In addition to their travel and per diem expenses, the
Board received $150 for each meeting day.
Representative Barnes amended her motion to approve compensation to the
Redistricting Board as reported by Karla Schofield.
Senator Kelly amended the motion to increase the $150 to $200.
YEAS: Miller, Donley, Hoffman, T. Kelly, Torgerson, Barnes,
Berkowitz,
Cowdery, Ogan, Porter, and Rokeberg
NAYS: None
ABSENT: Leman, Pearce and G. Phillips
The motion was approved unanimously 11 - 0.
Anchorage Legislative Office Building Parking
Representative Berkowitz made a motion to have the Council look at
opening the Anchorage Legislative Office parking lot to the public.
Discussion followed.
Senator Kelly moved to table the Anchorage Legislative Office parking
lot motion until the next Council meeting and asked the Executive
Director to look at the parking situation and report back to Council at
the next Council meeting.
YEAS: Miller, Donley, Hoffman, T. Kelly, Torgerson, Barnes,
Cowdery
Ogan, Porter, and Rokeberg
NAYS: Berkowitz
ABSENT: Leman, Pearce and G. Phillips
The motion was approved unanimously 10 - 1.
Council Chair Miller instructed the Executive Director to work closely
with Senator T. Kelly, Representative Barnes, and Representative
Berkowitz.
The meeting was adjourned at 12:15 p.m.
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