Legislature(2013 - 2014)SENATE FINANCE 532

01/17/2013 10:30 AM Senate LEGISLATIVE COUNCIL


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10:33:45 AM Start
11:59:04 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Committee Organization TELECONFERENCED
Election of Chair and Vice Chair
Committee Policies
Quorum and Voting Requirements
IT Subcommittee
Sanctioning Charity Events
Alternate Members
Sanctioning of Charitable Events
Thanksgiving in March
Contract Approvals
Cordova LIO Lease
Cutting Edge Snowplowing Contract Amendment
Other Committee Business
Manual of Legislative Drafting 2013 Approval
2013 Revisor's Bill Approval
Legislative Pin Order Approval
<Teleconference Listen Only>
                        JANUARY 17, 2013                                                                                      
                           10:33 a.m.                                                                                         
                                                                                                                                
    MEMBERS PRESENT                                                                                                           
                                                                                                                                
    Representative Mike Hawker, Chair                                                                                           
    Senator Peter Micciche, Vice Chair                                                                                          
    Representative Mike Chenault                                                                                                
    Representative Max Gruenberg                                                                                                
    Representative Craig Johnson                                                                                                
    Representative Lance Pruitt                                                                                                 
    Representative Bill Stoltze                                                                                                 
    Representative Peggy Wilson                                                                                                 
    Senator John Coghill                                                                                                        
    Senator Dennis Egan                                                                                                         
    Senator Charlie Huggins                                                                                                     
    Senator Lesil McGuire                                                                                                       
    Senator Kevin Meyer                                                                                                         
    Senator Gary Stevens                                                                                                        
                                                                                                                                
    MEMBERS ABSENT                                                                                                            
                                                                                                                                
    There were no members absent                                                                                                
                                                                                                                                
    AGENDA                                                                                                                    
                                                                                                                                
    COMMITTEE ORGANIZATION                                                                                                      
    COMMITTEE POLICIES                                                                                                          
    APPROVAL OF MINUTES                                                                                                         
    SANCTIONING OF CHARITY EVENT                                                                                                
    CONTRACT APPROVALS                                                                                                          
    OTHER COMMITTEE BUSINESS                                                                                                    
                                                                                                                                
    SPEAKER REGISTER                                                                                                          
                                                                                                                                
 PAM VARNI, Executive Director, Legislative Affairs Agency                                                                      
    DOUG GARDNER, Legal Services Director, Legislative Affairs                                                                  
    Agency                                                                                                                      
    DON JOHNSTON, Building Manager, Legislative Affairs Agency                                                                  
  KATHRYN KURTZ, Revisor of Statutes, Legislative Affairs                                                                       
    Agency                                                                                                                      
    TINA STRONG, Procurement Officer, Legislative Affairs                                                                       
    Agency                                                                                                                      
    10:33:45 AM                                                                                                               
                                                                                                                                
    I. CHAIR PRO TEM MIKE HAWKER called the Legislative Council                                                               
        meeting to order at 10:33  a.m. Present at the call  were                                                               
        Representatives Hawker,   Chenault,  Gruenberg,  Johnson,                                                               
        Stoltze, and P. Wilson; Senators Micciche, Coghill, Egan,                                                               
        Huggins,  McGuire,  Meyer,  and  Stevens.  Representative                                                               
        Pruitt joined the meeting immediately after the  election                                                               
        of the Chair.                                                                                                           
                                                                                                                                
   II. COMMITTEE ORGANIZATION                                                                                                 
        a. Election of the Chair                                                                                              
                                                                                                                                
        SPEAKER CHENAULT nominated Representative Mike Hawker as                                                                
                                                        th                                                                      
        the Chairman of the Legislative Council for the 28 Alaska                                                               
        Legislature and  asked  for unanimous  consent  and  that                                                               
        nominations be closed.                                                                                                  
                                                                                                                                
        The motion passed with unanimous consent.                                                                               
                                                                                                                                
        CHAIR HAWKER said he was truly honored for the opportunity                                                              
        to serve  in this  position and  with  the other  Council                                                               
        members for the next two years.                                                                                         
                                                                                                                                
        b. Election of the Vice Chair                                                                                         
                                                                                                                                
        SENATE PRESIDENT HUGGINS nominated Senator Peter Micciche                                                               
                                                               th                                                               
        as the Vice Chair of the Legislative Council for the 28                                                                 
        Alaska Legislature and  asked for  unanimous consent and                                                                
        that nominations be closed.                                                                                             
                                                                                                                                
        The motion passed with unanimous consent.                                                                               
                                                                                                                                
        PAM VARNI, Executive Director, Legislative Affairs Agency,                                                              
        introduced her staff in response to the Chair's request.                                                                
                                                                                                                                
        CHAIR HAWKER noted  that members  greatly appreciate and                                                                
        depend upon the Agency staff who may  be underappreciated                                                               
        at  times  but  who  are  instrumental  in  running  the                                                                
        Legislature from behind the scenes.                                                                                     
                                                                                                                                
        REPRESENTATIVE JOHNSON added his compliments and  thanked                                                               
        Ms. Varni, her managers and their staff.                                                                                
                                                                                                                                
        CHAIR HAWKER introduced Juli Lucky, his aide and staff to                                                               
        Legislative Council.                                                                                                    
                                                                                                                                
        VICE  CHAIR  MICCICHE  echoed   Representative  Johnson's                                                               
        comments, saying  that  Ms.  Varni  and  her  staff  were                                                               
     incredibly helpful in ensuring new Legislators are capable                                                                 
     of  meeting the demands of  their new  positions. He also                                                                  
     introduced his senior aide, Mr. Larry Semmens.                                                                             
                                                                                                                                
     SENATOR  LESIL MCGUIRE agreed  with Vice  Chair Micciche,                                                                  
     thanking Ms. Varni, her managers and staff for their grace                                                                 
     and dedication in working with her  and her office in her                                                                  
     transition as Rules Chair.                                                                                                 
                                                                                                                                
III. COMMITTEE POLICIES                                                                                                       
     a. Quorum And Voting Requirements                                                                                        
                                                                                                                                
     CHAIR  HAWKER said  that this committee  has historically                                                                  
     operated  on  a   variance  from  its  statutory  minimum                                                                  
     requirements. It is his intent that the committee continue                                                                 
     to operate on the "eight member rule," which is a protocol                                                                 
     that was established many years ago. While one-half of the                                                                 
     Legislative Council  constitutes a quorum to  do business                                                                  
     (i.e., seven members), motions need  eight votes to pass;                                                                  
     this ensures there  is representation from both the House                                                                  
     and  the Senate on  any  vote that comes  before Council.                                                                  
     Telephonic   attendance   and   voting  is   specifically                                                                  
     authorized for this committee.                                                                                             
                                                                                                                                
     b. IT Subcommittee                                                                                                       
                                                                                                                                
     CHAIR HAWKER said that  the State of Alaska is absolutely                                                                  
     in the top tier of legislatures across the country in its                                                                  
     access and utilization of technology to communicate within                                                                 
     itself and with the public. He said Alaska is a huge state                                                                 
     in  which  to  communicate  and  technology is  critical.                                                                  
     Legislative  Council has  always  made  technology a  top                                                                  
     priority by  retaining the IT  Subcommittee. Chair Hawker                                                                  
     appointed Juli Lucky as  chair of the IT Subcommittee and                                                                  
     asked that any Legislator or legislative staff interested                                                                  
     in serving on the IT Subcommittee to let his office know.                                                                  
     He  said a formal  request notification will be  sent out                                                                  
     later, and he will  make a formal announcement of who was                                                                  
     appointed in the near future.                                                                                              
                                                                                                                                
     In  response to  a  question from  Rep.  Gruenberg, Chair                                                                  
     Hawker clarified  that Legislators who  did not  serve on                                                                  
     Legislative Council and  their staff would be  welcome to                                                                  
     participate in the IT subcommittee.                                                                                        
                                                                                                                                
     c. Sanctioning Charity Events                                                                                            
                                                                                                                                
     CHAIR  HAWKER noted  that  the sanctioning  of charitable                                                                  
     events is one  of the routine ministerial requirements of                                                                  
        Legislative Council. Statute provides that legislators may                                                              
        be allowed to  receive donations of tickets  to attend a                                                                
        charity event, having been determined by the  Legislature                                                               
        that attendance  is good  and  appropriate; however, the                                                                
        events must  be sanctioned  by  the Legislative  Council.                                                               
        Following the policy  of past  Legislative Councils, for                                                                
        expediency purposes, when an event comes before  Council,                                                               
        the Chair has the ability to and will sanction events that                                                              
        meet the qualifications of Alaska Statute 24.60.080, which                                                              
        states in  part  that the  charity  must be  a  qualified                                                               
        501(c)(3) organization. The  Chair  will then  bring any                                                                
        sanctioned event  to  Legislative  Council  at  the  next                                                               
        regularly scheduled meeting for ratification.                                                                           
                                                                                                                                
        d. Alternate Members                                                                                                  
                                                                                                                                
        CHAIR HAWKER  said  this  issue  has  been  a  matter of                                                                
        convention and protocol for Legislative Council. As there                                                               
        are  times  when  committee  meetings are   essential to                                                                
        conducting  important  business  and   it  is   sometimes                                                               
        difficult  for   enough   regular  members   to   attend,                                                               
        particularly in the interim, having alternate members can                                                               
        ensure there  is  a  quorum. The  policy  of  Legislative                                                               
        Council is  that  alternate members  will  serve  at the                                                                
        direction of the Chair when it is determined there are not                                                              
        enough members present to make a quorum. When an alternate                                                              
        member is  seated  for  the purposes  of  a  quorum, the                                                                
        alternate will have all the rights and authorities to vote                                                              
        and conduct the business of the committee. In response to                                                               
        a request  for clarification  by Representative  Stoltze,                                                               
        Chair Hawker confirmed that  the alternate member  serves                                                               
        for their designated body.                                                                                              
                                                                                                                                
        REPRESENTATIVE GRUENBERG said that on behalf of the House                                                               
        Minority members he wants  to address the  fact that the                                                                
        Minority does  not  have  proportional representation on                                                                
        Legislative Council or on the Legislative Budget and Audit                                                              
        Committee, and that there is no provision for an alternate                                                              
        for the Minority member.                                                                                                
                                                                                                                                
        CHAIR HAWKER stated  that this  issue is  not within the                                                                
        scope of Legislative Council's authority to change; it is                                                               
        a matter to take up with House leadership, and to  change                                                               
        through  the  statutory  process  with  the   Legislature                                                               
        deciding the issue.                                                                                                     
                                                                                                                                
 IV. APPROVAL OF DECEMBER 13, 2012 MINUTES                                                                                    
                                                                                                                                
     VICE  CHAIR  MICCICHE moved  that  the  minutes from  the                                                                  
     Legislative  Council  meeting on  December  13,  2012  be                                                                  
     approved as presented.                                                                                                     
                                                                                                                                
     REPRESENTATIVE STOLTZE objected to note that his comments                                                                  
     were sanitized in these minutes and that he would like to                                                                  
     generally see more complete minutes with less summarizing.                                                                 
                                                                                                                                
     CHAIR HAWKER agreed. He felt there was enough information                                                                  
     in  the  written record  currently presented  to point  a                                                                  
     concerned  reader  to   the  complete  record,  which  is                                                                  
     maintained in recorded form. He said he would like to see                                                                  
     more detailed minutes and that, if there was no objection,                                                                 
     he  would direct  his staff  and the  Legislative Affairs                                                                  
     Agency to use the Legislative Budget and Audit minutes as                                                                  
                                         th                                                                                     
     a model for Council minutes of the 28  Legislature, making                                                                 
     them more descriptive and complete. Representative Stoltze                                                                 
     removed his objection and, with no further objection, the                                                                  
     minutes were approved.                                                                                                     
                                                                                                                                
  V. SANCTIONING OF CHARITY EVENTS                                                                                            
     a. Thanksgiving in March                                                                                                 
                                                                                                                                
     CHAIR HAWKER  noted for members  that this event  has not                                                                  
     been previously sanctioned. The organization is a verified                                                                 
     501(c)(3)  and is  a  major charitable  event for  Juneau                                                                  
     benefitting the Southeast Alaska Food Bank.                                                                                
                                                                                                                                
     VICE  CHAIR   MICCICHE  moved  that  Legislative  Council                                                                  
     sanction the following charity event in accordance with AS                                                                 
     24.60.080(a)(2)(b): Thanksgiving in March benefitting the                                                                  
     Southeast Alaska Food Bank.                                                                                                
                                                                                                                                
     Thanksgiving in March was sanctioned with no objections.                                                                   
                                                                                                                                
     REPRESENTATIVE P. WILSON said  that Thanksgiving in March                                                                  
     happens  every year  and  asked if  it  was necessary  to                                                                  
     sanction it each time.                                                                                                     
                                                                                                                                
     CHAIR HAWKER  said that due  to the statutory requirement                                                                  
     Council needs to re-verify that the organization maintains                                                                 
     its 501(c)(3) status and re-certify the event.                                                                             
                                                                                                                                
   VI. CONTRACT APPROVALS                                                                                                     
        a. Cordova LIO Lease                                                                                                  
                                                                                                                                
        CHAIR HAWKER asked Tina Strong to speak to this item.                                                                   
                                                                                                                                
        TINA STRONG, Procurement Officer for  Legislative Affairs                                                               
        Agency (LAA), said that, since 1989, the Cordova LIO has                                                                
        had free space through the Prince William Sound Community                                                               
        College in  a  building  owned by  the  Cordova  Electric                                                               
        Cooperative (CEC). Due to budget cuts, the College gave up                                                              
        their lease with CEC. The CEC rented the entire space to                                                                
        another entity, compelling the Cordova LIO to look for a                                                                
        new home.  Following procurement procedures for  a  lease                                                               
        under 3,000 square feet and less than $50,000 per year, it                                                              
        was determined that space in the Roemhildt Holdings, LLC,                                                               
        best meets the needs  of the Cordova LIO; therefore, she                                                                
        recommends the Council  approve a three  year lease  with                                                               
        five one-year renewals  and the  lease hold  improvements                                                               
        costs to  Roemhildt  Holdings,  LLC.  In  response to  a                                                                
        question by Chair Hawker, she  noted that the Agency has                                                                
        complied  with   the   State's  procurement   rules  and                                                                
        regulations in seeking this lease, and that LAA supported                                                               
        this request.                                                                                                           
                                                                                                                                
        CHAIR HAWKER  said the  question  for this  committee is                                                                
        whether they  want to  continue  to maintain  an  LIO in                                                                
        Cordova.                                                                                                                
                                                                                                                                
        VICE  CHAIR  MICCICHE  moved  that   Legislative  Council                                                               
        authorize the chairman to approve a three-year lease term                                                               
        with  five,  one  year  renewal  options  with  Roemhildt                                                               
        Holdings, LLC for a yearly cost of $24,996 plus yearly CPI                                                              
        increases beginning in  2014 and  a  one-time payment of                                                                
        $24,966 for leasehold improvement costs.                                                                                
                                                                                                                                
        CHAIR HAWKER objected for discussion.                                                                                   
                                                                                                                                
        SENATOR STEVENS said that with re-districting, Cordova is                                                               
        now part of his district  (Senate District R) as well as                                                                
        Representative Alan Austerman's (House District 35), and                                                                
        they agree that this proposal is a good idea. Twenty-three                                                              
        years of free rent was a wonderful opportunity, but things                                                              
        have changed.  The Cordova  Information Officer  Michelle                                                               
        Hahn O'Leary has actually been looking for space for the                                                                
        last five years and he is pleased she found something that                                                              
        finally works for  the LIO. He  urged Council to  support                                                               
        this motion.                                                                                                            
                                                                                                                                
     CHAIR  HAWKER removed  his  objection and  the lease  was                                                                  
     approved with no objections.                                                                                               
                                                                                                                                
     b. Cutting Edge Snowplowing Contract Amendment                                                                           
                                                                                                                                
     PAM VARNI noted that Don Johnston is the project director                                                                  
     for the snowplowing contract and explained that LAA always                                                                 
     starts  out  with  a  $25,000  contract  for  snowplowing                                                                  
     services. Some years the funds are not entirely expended.                                                                  
     For  instance, in FY10 the  snowplowing expenditures were                                                                  
     $14,295. At this  time, there is only $1,100  left of the                                                                  
     initial  $25,000 in  this year's  contract. While it  not                                                                  
     presently snowing, there could  be additional sanding and                                                                  
     snowplowing  expenditures.  Before  Council  today  is  a                                                                  
     request for approval of  a $15,000 amendment, which would                                                                  
     bring the total contract for Cutting Edge to $40,000. Any                                                                  
     funds not utilized would lapse back.                                                                                       
                                                                                                                                
     CHAIR HAWKER asked Ms.  Varni to confirm that the State's                                                                  
     procurement statutes were complied with for this contract                                                                  
     and that  the Agency supported the amendment request. Ms.                                                                  
     Varni answered in the affirmative to both questions.                                                                       
                                                                                                                                
     VICE  CHAIR   MICCICHE  moved  that  Legislative  Council                                                                  
     authorize the chairman to  approve a $15,000 amendment to                                                                  
     the Cutting Edge Development, Inc. snowplowing contract.                                                                   
                                                                                                                                
     CHAIR HAWKER objected for discussion.                                                                                      
                                                                                                                                
     MS.  VARNI,  in  response  to   Representative Gruenberg,                                                                  
     confirmed  that  contract  was  for  snowplowing services                                                                  
     (plowing,  sanding and  snow removal) in  Juneau for  the                                                                  
     Capitol Building, Telephone Hill and Terry Miller Building                                                                 
     parking lots.  Answering Senator McGuire's  concern about                                                                  
     the condition  of the route  the pages must take  to make                                                                  
     deliveries to the Terry Miller Building, Ms. Varni stated                                                                  
     that the  contract covers the  parking lots only  and not                                                                  
     city  streets;  she advised  Senator  McGuire that  LAA's                                                                  
     Maintenance Section maintains the sidewalks and they will                                                                  
     ensure the  safety of  those routes as  well as  the area                                                                  
     around Seward Street entrance to the Capitol, which was of                                                                 
     particular concern to Representative Gruenberg.                                                                            
                                                                                                                                
     REPRESENTATIVE JOHNSON asked if it  wouldn't be better to                                                                  
     go  out to  bid for  a $40,000 contract  in an  effort to                                                                  
     attract more interest from service providers and possibly                                                                  
     lower the overall cost. He also asked if LAA issues an RFP                                                                 
     for this service to ensure the Legislature is getting the                                                                  
     best deal.                                                                                                                 
                                                                                                                                
        TINA STRONG confirmed that LAA did go out to bid for this                                                               
        contract. The  current contract  goes through  April 30,                                                                
        2013, with three one-year renewals remaining. In the bid,                                                               
        LAA requests pricing for each individual service and then                                                               
        awards the contract to the vendor with the lowest combined                                                              
        price for all  services. The contract isn't  based on an                                                                
        overall total; rather it is based on an hourly rate if and                                                              
        when the service is provided.                                                                                           
                                                                                                                                
        REPRESENTATIVE JOHNSON said that what he personally  pays                                                               
        for snow  removal  is much  cheaper than  what  is  being                                                               
        charged in this contract; he thinks the overall cost seems                                                              
        expensive.                                                                                                              
                                                                                                                                
        DON JOHNSTON, Building Manager for  LAA, agreed with Ms.                                                                
        Strong and  further clarified that  the bid  provides an                                                                
        hourly cost  for snowplowing,  an  hourly cost  for  snow                                                               
        removal and an hourly cost for sanding. Historically, LAA                                                               
        has had a difficult  time getting contractors to bid for                                                                
        our   snow   removal   requirements.  In    response  to                                                                
        Representative Johnson's question about how the contractor                                                              
        is paid when they do more than one service at a time, Mr.                                                               
        Johnston stated that  the contractor has  one driver and                                                                
        truck plow snow, another  driver and loader that  follows                                                               
        the plow to remove the snow  and a third driver with the                                                                
        sanding truck when it is  necessary, though occasionally,                                                               
        when there is not much snow there is one truck that plows                                                               
        and sands.  In response  to  Representative Johnson, Mr.                                                                
        Johnston stated that he believes it is the best rate LAA                                                                
        can get.                                                                                                                
                                                                                                                                
        TINA STRONG said that Cutting Edge was the  only provider                                                               
        to submit  an offer  to the  last RFP  in response  to a                                                                
        question by Chair Hawker.                                                                                               
                                                                                                                                
        REPRESENTATIVE JOHNSON reiterated his original point that                                                               
        we might attract more bidders  by raising the ceiling on                                                                
        the RFP from $25,000 to $40,000.                                                                                        
                                                                                                                                
        CHAIR HAWKER advised members that as Chair of Legislative                                                               
        Council he  is personally  committed to finding  ways to                                                                
        operate the Legislature more efficiently and effectively,                                                               
        particularly cost-effective, and is open to pursuing any                                                                
        venues, concerns and ideas to that end.                                                                                 
                                                                                                                                
        REPRESENTATIVE P.  WILSON  expressed  her   concern  that                                                               
        raising the total amount of  the contract will result in                                                                
     the bidders increasing their hourly rate to meet the new,                                                                  
     higher number.                                                                                                             
                                                                                                                                
     SPEAKER CHENAULT said he thinks LAA has the right contract                                                                 
     in place  and if the contractor  needs more money because                                                                  
     there is more snow  than that is the cost associated with                                                                  
     doing business in this building.                                                                                           
                                                                                                                                
     REPRESENTATIVE  STOLTZE  said  there  would  be  a  whole                                                                  
     different business approach if  we were in  a place where                                                                  
     there was more  competitiveness, and more emphasis on the                                                                  
     private  sector,  rather  than  in   Juneau  which  is  a                                                                  
     government  town. With  the unsafe  conditions previously                                                                  
     mentioned, he is glad we are taking an aggressive approach                                                                 
     to keep the routes safe for the public and for employees.                                                                  
     He said we could take the Biblical approach of Juneau's a                                                                  
     city that God put there and He'll take it away in His own                                                                  
     time and we wouldn't have a Capitol approach that we'd be                                                                  
     real comfortable with.                                                                                                     
                                                                                                                                
     CHAIR HAWKER removed his objection as there was no further                                                                 
     discussion,  and  the  amendment  was  approved  with  no                                                                  
     objections.                                                                                                                
                                                                                                                                
VII. OTHER COMMITTEE BUSINESS                                                                                                 
     a. Manual of Legislative Drafting 2013 Approval                                                                          
                                                                                                                                
     KATHRYN KURTZ, Revisor of Statutes, stated that the Manual                                                                 
     of Legislative Drafting is  tremendously helpful for bill                                                                  
     drafters and  is also used  by the Clerk's Office.  It is                                                                  
     prepared by her and the Enrolling Secretary this year. It                                                                  
     is updated every Legislature so that the examples refer to                                                                 
                                           th                                                                                   
     the current  Legislature (i.e., the 28   Legislature), to                                                                  
     the current year rather than five years ago, which assures                                                                 
     users that they have current information. Very few changes                                                                 
     have been made to the substance of the Manual, the bulk of                                                                 
     which were  suggested by the Senate  Secretary. Ms. Kurtz                                                                  
     said they are good clarifications and are explained in her                                                                 
     memo to  the Chair, and she  is happy to  go into further                                                                  
     detail if members wished.                                                                                                  
                                                                                                                                
     CHAIR HAWKER noted  this is another important ministerial                                                                  
     matter  for  Legal  Services  in  providing guidance  for                                                                  
     drafting statutes and  anything else Legislators asked of                                                                  
     Legal Services  staff. He inquired if  members would like                                                                  
     further detail on the Drafting Manual as proposed.                                                                         
                                                                                                                                
     REPRESENTATIVE GRUENBERG said he had  never heard of this                                                                  
     document during his time in private practice and it wasn't                                                                 
        until he became  a Legislator that  he was introduced to                                                                
        this document. He  added  that the  Manual is  absolutely                                                               
        important   in    deciding   questions    of    statutory                                                               
        interpretation and that Bar members should be made  aware                                                               
        of it, and that it should be available for purchase or for                                                              
    distribution to the Bar and Bench and maybe others.                                                                         
                                                                                                                                
        VICE CHAIR MICCICHE moved that Legislative Council approve                                                              
        the Manual of  Legislative Drafting 2013 publication for                                                                
                    th                                                                                                          
        use by the 28 Legislature.                                                                                              
                                                                                                                                
        The Manual of Legislative Drafting 2013 was approved with                                                               
        no objections.                                                                                                          
                                                                                                                                
        b. 2013 Revisor's Bill Approval                                                                                       
                                                                                                                                
        CHAIR HAWKER advised members that the Council is  looking                                                               
        at the work draft version /N of the  2013 Revisor's Bill,                                                               
        and pointed out this is not a bill hearing. The Council is                                                              
        simply to authorize the  introduction of the  legislation                                                               
        into the committee process.                                                                                             
                                                                                                                                
        MS.  KURTZ said  that  the  Revisor's  Bill  is  prepared                                                               
        annually to put forward her recommendations for correcting                                                              
        or   removing  deficiencies,   conflicts   and   obsolete                                                               
        provisions in the Alaska Statutes; basically cleaning up                                                                
        the verbiage in  the statutes, which  is her  job as the                                                                
        Revisor. She noted she has statutory authority to correct                                                               
        things like misspellings on her own; however, for  larger                                                               
        issues where  there  is  a conflict  that  requires, for                                                                
        instance, removing a word, she brings them forward in the                                                               
        form of this bill. She  tends to be overly cautious  and,                                                               
        when in doubt, brings proposed changes in the form of this                                                              
        bill so everyone can see  them and the change isn't  just                                                               
        done quietly. There is an exception to the Single Subject                                                               
        Rule for the  Revisor's Bill so  that's why  it covers a                                                                
        number of  topic  areas.  There have  been  a  number of                                                                
        questions already  about this  and  she is  available to                                                                
        answer questions about specific sections.                                                                               
                                                                                                                                
        CHAIR HAWKER re-emphasized that the  bill itself will be                                                                
        before committees once introduced by the Rules  Committee                                                               
        in both bodies, and will have an opportunity for full and                                                               
        complete hearings on its substance within the legislative                                                               
        process.                                                                                                                
                                                                                                                                
        REPRESENTATIVE P. WILSON asked why the Alaska Legislature                                                               
        didn't follow the example of some other state legislatures                                                              
        and use continuous line numbers in legislation, instead of                                                              
     restarting the line numbers on each page.  She opined that                                                                 
     this method is less confusing.                                                                                             
                                                                                                                                
     MS. KURTZ said that as a new state, we generally tried to                                                                  
     base our processes on what other states were doing at the                                                                  
     time  we  developed them.  She didn't  know  the specific                                                                  
     reasoning of choosing one way or the other, only that it's                                                                 
     been done that way for a very long time and it's what the                                                                  
     bill drafters are used to.  In response to Representative                                                                  
     P. Wilson, Ms. Kurtz will follow up if she learns more.                                                                    
                                                                                                                                
     VICE CHAIR MICCICHE moved that Legislative Council approve                                                                 
     the  2013 Revisor's bill version  28-LS0100\N and request                                                                  
     the House Rules Committee to introduce it.                                                                                 
                                                                                                                                
     The motion passed with no objections.                                                                                      
                                                                                                                                
     c. Legislative Pin Order Approval                                                                                        
                                                                                                                                
     CHAIR HAWKER  stated that legislative  pins are extremely                                                                  
     popular with  constituents and legislators alike, special                                                                  
     tokens  of   Alaska  at  conferences   and  for  Alaskans                                                                  
     travelling abroad. To ensure adequate supplies, an RFP was                                                                 
     issued for three of the pins: the Alaska flag, the forget-                                                                 
     me-not  and  the  walrus.  Between  the  four  responding                                                                  
     vendors,  the  results  were  such   that  there  was  no                                                                  
     discernible difference in aesthetics and  quality for the                                                                  
     flag and the forget-me-not pin; the current vendor's quote                                                                 
     was substantially less  than the other  three vendors, so                                                                  
     that is an  easy decision. With regard to the walrus pin,                                                                  
     he remarked  that when he  first saw the  current pin, he                                                                  
     didn't even know what it was. He explained that one vendor                                                                 
     did an  outstanding job of  reinterpreting the walrus pin                                                                  
     and it  is a pin that  he would be proud to  show off and                                                                  
     says  something  unique  and  special about  Alaska.  The                                                                  
     William  Spear proposal  of the  much  more artistically-                                                                  
     successful walrus rendering at $24,750 is twice the amount                                                                 
     of the lowest  bidder at $12,225, the difference of which                                                                  
     would  be  amortized over  a five  year  period based  on                                                                  
     current  consumption estimates.  He  asked the  Council's                                                                  
     support of his  executive decision in choosing the lowest                                                                  
     bid for the flag and forget-me-nots, and for choosing the                                                                  
     higher priced bid for a substantive qualitative difference                                                                 
     of the William Spear Design for the walrus.                                                                                
                                                                                                                                
     CHAIR HAWKER asked for a combined motion.                                                                                  
                                                                                                                                
        VICE CHAIR MICCICHE moved that Legislative Council approve                                                              
        the award and expenditure of RFP 584 to Sierra Group, LLC                                                               
        in the amount of $27,800 for 100,000 Alaska flag pins and                                                               
        75,000 forget-me-not pins. He also moved that Legislative                                                               
        Council approve the award and  expenditure of RFP 584 to                                                                
        William Spear Design  in the  amount of  $24,750 for the                                                                
        purchase of 75,000 walrus pins.                                                                                         
                                                                                                                                
        CHAIR HAWKER objected for purposes of discussion.                                                                       
                                                                                                                                
        SENATOR MEYER noticed that Sierra Group, LLC did not get                                                                
        the 5% local bidder  preference and inquired as to  where                                                               
        they were  located. He  was  concerned that  there  be a                                                                
        balance between the Alaska  Legislature using an  Alaskan                                                               
        vendor and getting the best price possible. He  expressed                                                               
        additional concern that the pins came from China.                                                                       
                                                                                                                                
        TINA STRONG  stated that  Sierra  Group, LLC  is  located                                                               
        Turlock, California.  She  advised  that  the  production                                                               
        location is requested in the RFP and that all four vendors                                                              
        use China to  produce the pins,  regardless of where the                                                                
        vendor is located. In response to Senator Meyer's question                                                              
        about whether there is a  bear pin, Ms. Strong said  that                                                               
        the previous Legislative Council Chair added two new pins                                                               
        to the current supply:  the Malamute and the  pin of the                                                                
        outline of the map of Alaska overlaid on an outline of the                                                              
        map of the United States.  There is not currently a  bear                                                               
        pin. Senator Meyer would  like to see  the creation of a                                                                
        grizzly bear pin.                                                                                                       
                                                                                                                                
        CHAIR HAWKER  reiterated  that  it  was  the  substantive                                                               
        aesthetic difference that made the qualitative difference                                                               
        in his recommendation of the William Spear walrus design.                                                               
                                                                                                                                
        SENATOR STEVENS stated  that a  California legislator to                                                                
        whom he had presented the  current walrus pin thought it                                                                
        was a beaver, so he supports the purchase of  the Chair's                                                               
        choice. Representative P. Wilson  added that the  current                                                               
        walrus pin is the  least favorite of her constituents so                                                                
        she also supports the William Spear design.                                                                             
                                                                                                                                
        VICE CHAIR MICCICHE asked Ms. Strong if Alaska procurement                                                              
        standards allow going back to  the vendor to negotiate a                                                                
        lower price. Ms. Strong affirmed that it was allowable to                                                               
        do so. Vice  Chair Micciche was concerned that  approving                                                               
        the purchase of the walrus pin in advance of going back to                                                              
        the vendor to negotiate a lower price would ensure a poor                                                               
        position from which to negotiate.                                                                                       
                                                                                                                                
     11:42:41 AM                                                                                                              
                                                                                                                                
     CHAIR HAWKER, after a brief at ease to discuss how to deal                                                                 
     with the  combined motion, asked that Vice Chair Micciche                                                                  
     withdraw the  original motion so that it  could be broken                                                                  
     into two parts.                                                                                                            
                                                                                                                                
     VICE CHAIR MICCICHE removed  his original motion. He then                                                                  
     moved  that  Legislative Council  approve  the award  and                                                                  
     expenditure of RFP 584 to Sierra Group, LLC in the amount                                                                  
     of $27,800 for 100,000 Alaska flag pins and 75,000 forget-                                                                 
     me-not pins.                                                                                                               
                                                                                                                                
     The motion was approved with no objections.                                                                                
                                                                                                                                
     VICE CHAIR MICCICHE moved that Legislative Council approve                                                                 
     the  award and  expenditure of RFP  584 to  William Spear                                                                  
     Design in the amount of $24,750 for the purchase of 75,000                                                                 
     walrus pins.                                                                                                               
                                                                                                                                
     REPRESENTATIVE  JOHNSON  objected  to  offer  a  friendly                                                                  
     amendment that the motion read "up to $24,750."                                                                            
                                                                                                                                
     The  amendment  to  the   motion  was  approved  with  no                                                                  
     objections.                                                                                                                
                                                                                                                                
     REPRESENTATIVE JOHNSON removed his objection to the motion                                                                 
     to approve the William Spear Design walrus pin.                                                                            
                                                                                                                                
     REPRESENTATIVE STOLTZE objected to the motion.                                                                             
                                                                                                                                
     VICE CHAIR  MICCICHE said he recognized the  value of the                                                                  
     pins and asks that  Procurement take some time to go back                                                                  
     to the vendor and try to achieve a lower price, one closer                                                                 
     to the lowest bid.                                                                                                         
                                                                                                                                
     CHAIR  HAWKER asked if  the amendment satisfied  the Vice                                                                  
     Chair's concern. Vice Chair Micciche affirmed that it did                                                                  
     so.                                                                                                                        
                                                                                                                                
     DOUG  GARDNER, Legal  Services Director,  in  response to                                                                  
     Representative  Gruenberg's  concern  about  a  potential                                                                  
     violation  of procurement  procedures, said  he would  be                                                                  
     happy to look at  the RFP language and submit his opinion                                                                  
     in a memo to  Chair Hawker, which satisfied Representative                                                                 
     Gruenberg.                                                                                                                 
                                                                                                                                
     CHAIR HAWKER asked Mr. Gardner to work with LAA to ensure                                                                  
     that we are compliant with the procurement process and the                                                                 
        specific RFP language, and then to bring his findings back                                                              
        to the Chair. If the attempt to secure the  best possible                                                               
        purchase price for these  pins is viewed as  problematic,                                                               
        the Chair will bring the matter back to the  full Council                                                               
        at a  future meeting.  The Chair  reserves the  right to                                                                
        execute this RFP if it falls within the judgment of Legal                                                               
        Services that it is legal and acceptable.                                                                               
                                                                                                                                
        REPRESENTATIVE STOLTZE  said he  wanted  a  policy  where                                                               
        Legislators paid for the pins, especially now that  there                                                               
        is more money in the office accounts. He doesn't think the                                                              
        public realizes the  cost of  these pins  when they  make                                                               
        large requests. If another office fulfills a big request,                                                               
        it  reflects  poorly   on  a  legislator   who  is   more                                                               
        conservative and mindful of  the cost.   If offices  were                                                               
        required to pay for them, that might help.                                                                              
                                                                                                                                
        CHAIR HAWKER  noted there  was  a policy  concerning the                                                                
        number of pins an office can request at any given time. In                                                              
        response  to   Representative  Stoltze  maintaining  his                                                                
        objection to the  amended motion, the  Chair requested a                                                                
        roll call  vote  on the  amended  motion to  approve the                                                                
        William Spear Design in an amount  up to $24,750 for the                                                                
        purchase of 75,000 walrus pins.                                                                                         
                                                                                                                                
        YEAS:   CHENAULT, GRUENBERG, JOHNSON, PRUITT, P.  WILSON,                                                               
                HUGGINS, COGHILL, EGAN, MEYER, MCGUIRE, STEVENS,                                                                
                MICCICHE, HAWKER                                                                                                
                                                                                                                                
        NAYS:   STOLTZE                                                                                                         
                                                                                                                                
        The amended motion passed 13-1.                                                                                         
                                                                                                                                
        CHAIR HAWKER thanked members for their time and  outlined                                                               
        priorities that he would like to see addressed during his                                                               
                                                               th                                                               
        tenure as  Chair  of  Legislative  Council for  the  28                                                                 
        Legislature:                                                                                                            
                                                                                                                                
        Anchorage LIO Office Space - the current lease expires May                                                            
        31, 2013,  with  one one-year  renewal left.  It  is his                                                                
        intention that the Council reach a long term resolution.                                                                
        Capitol Building Renovations and Repairs - both the inside                                                            
        and the outside of  the historical Capitol Building  need                                                               
        significant work.  The  process  has  already  begun but                                                                
   further action needs to be addressed by the Council.                                                                         
        Social Media - the committee will bring a formal policy to                                                            
        resolve this issue.                                                                                                     
        Office Accounts - the  committee will be re-visiting the                                                              
        conclusion reached under a prior Council; of the decisions                                                              
     available  to the  members,  the Council  arrived at  the                                                                  
     clearest course of action with the information they had at                                                                 
     the  time,  so  this is  not  a  criticism of  the  prior                                                                  
     committee. The  Chair  simply believes there  might be  a                                                                  
     stronger   review   of    the   situation   and   perhaps                                                                  
     reconsideration might be made, given the concern expressed                                                                 
     over that  decision by Legislators as well  as members of                                                                  
     the public.                                                                                                                
     Capitol  Building Security  -  this  issue was  added  in                                                                
     response to Senator Stevens' concern.                                                                                      
     Building Security  in general -  this issue was  added in                                                                
     response to  Representative Gruenberg's concern about the                                                                  
     Anchorage LIO security guard recently catching a member of                                                                 
     the public with a gun trying to access the upper floors.                                                                   
                                                                                                                                
     There being no further business before the committee, the                                                                  
     Legislative Council meeting was adjourned at 12:00 p.m.                                                                    
                                                                                                                                
     11:59:04 AM                                                                                                              

Document Name Date/Time Subjects
Agenda.pdf JLEC 1/17/2013 10:30:00 AM