Legislature(2003 - 2004)

05/13/2003 01:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 13, 2003                                                                                          
                           1:40 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gary Stevens, Chair                                                                                                     
Senator John Cowdery, Vice Chair                                                                                                
Senator Fred Dyson                                                                                                              
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 215                                                                                                             
"An Act  giving notice of  and approving  the entry into  and the                                                               
issuance of  certificates of  participation for  a lease-purchase                                                               
agreement  for a  seafood and  food  safety laboratory  facility;                                                               
relating  to the  use of  certain investment  income for  certain                                                               
construction costs; and providing for an effective date."                                                                       
     MOVED SB 215(STA) OUT OF COMMITTEE                                                                                         
                                                                                                                                
SENATE JOINT RESOLUTION NO. 19                                                                                                  
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to the Alaska permanent fund.                                                                                          
     MOVED SJR 19 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 211                                                                                                             
"An  Act relating  to the  publishing and  furnishing of  certain                                                               
public notices  regarding regulations  or rules of  certain state                                                               
agencies; relating  to distribution of the  Alaska Administrative                                                               
Code,  Alaska Administrative  Register,  and  supplements to  the                                                               
code or register; and providing for an effective date."                                                                         
     MOVED SB 211 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS)                                                                                       
Relating  to  the  USA  PATRIOT  Act, the  Bill  of  Rights,  the                                                               
Constitution of  the State  of Alaska,  and the  civil liberties,                                                               
peace, and security of the citizens of our country.                                                                             
     MOVED HJR 22 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 15                                                                                                  
Relating to the USA PATRIOT Act and to defending the Bill of                                                                    
Rights, the Constitution of the State of Alaska, and civil                                                                      
liberties.                                                                                                                      
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
SB 215 - No previous action to record.                                                                                          
SJR 19 - No previous action to record.                                                                                          
SB 211 - See State Affairs minutes dated 5/8/03.                                                                                
HJR 22 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ernesta Ballard                                                                                                                 
Commissioner, Department of Environmental Conservation                                                                          
410 Willoughby                                                                                                                  
Juneau, AK 99801-1795                                                                                                           
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Deven Mitchell                                                                                                                  
Debt Manager, Treasury Division                                                                                                 
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Kristin Ryan                                                                                                                    
Director, Division of Environmental Health                                                                                      
Department of Environmental Conservation                                                                                        
410 Willoughby                                                                                                                  
Juneau, AK 99801-1795                                                                                                           
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
John MacKinnon                                                                                                                  
Deputy Commissioner, Highways and Public Facilities                                                                             
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Tom Livingston                                                                                                                  
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Roger Painter                                                                                                                   
Alaskan Shellfish Growers Association                                                                                           
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Julie Decker                                                                                                                    
Executive Director, South East Regional Dive Association                                                                        
No address provided                                                                                                             
POSITION STATEMENT: Testified on SB 215                                                                                       
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor SJR 19                                                                                            
                                                                                                                                
Mark Gnadt                                                                                                                      
Aide to Representative Eric Croft                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Bob Bartholomew                                                                                                                 
Chief Operating Officer                                                                                                         
Alaska Permanent Fund Corporation                                                                                               
P.O. Box 25500                                                                                                                  
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Petria Falkenberg                                                                                                               
Box 3293                                                                                                                        
Kenai, AK 99611                                                                                                                 
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
James Price                                                                                                                     
P.O. Box 7043                                                                                                                   
Nikiski, AK 99635                                                                                                               
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Fred Sturman                                                                                                                    
Box 513                                                                                                                         
Soldotna, AK 99669                                                                                                              
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Roger Shannon                                                                                                                   
11823 Kenai Spur Highway                                                                                                        
Kenai, AK 99611                                                                                                                 
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Lori Churchill                                                                                                                  
Box 7043                                                                                                                        
Nikiski, AK 99635                                                                                                               
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Ruby Kime                                                                                                                       
Box 334                                                                                                                         
Ninilchik, AK 99639                                                                                                             
POSITION STATEMENT: Testified on SJR 19                                                                                       
                                                                                                                                
Craig Tillery                                                                                                                   
Assistant Attorney General, Environmental Section                                                                               
         th                                                                                                                     
1031 W. 4 Ave, Suite 200                                                                                                        
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT: Testified on SB 211                                                                                       
                                                                                                                                
Senator Johnny Ellis                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Co-Sponsor SJR 15 and testified on HJR 22                                                                 
                                                                                                                                
Joe Stewart                                                                                                                     
Aide to Representative David Guttenberg                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
John Brading                                                                                                                    
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Frank Turney                                                                                                                    
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Scott Calder                                                                                                                    
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Jodi Olmstead                                                                                                                   
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Graham Storey                                                                                                                   
Nome Chamber of Commerce                                                                                                        
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Jennifer Ruddinger                                                                                                              
Executive Director ACLU                                                                                                         
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Tim Burgess                                                                                                                     
U.S. Department of Justice                                                                                                      
No address provided                                                                                                             
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
Rynnieva Moss                                                                                                                   
Aide to Representative John Coghill                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Testified on HJR 22                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-30, SIDE A                                                                                                            
                                                                                                                                
CHAIR  GARY  STEVENS called  the  Senate  State Affairs  Standing                                                             
Committee meeting  to order  at 1:40  p.m. Present  were Senators                                                               
Fred Dyson, John Cowdery, Gretchen  Guess and Chair Gary Stevens.                                                               
The first order  of business to come before the  committee was SB
215.                                                                                                                            
                                                                                                                                
           SB 215-SEAFOOD AND FOOD SAFETY LABORATORY                                                                        
                                                                                                                              
ERNESTA BALLARD, Commissioner of the Department of Environmental                                                                
Conservation, said she would testify to the program aspects of                                                                  
the bill. She gave the following testimony:                                                                                     
                                                                                                                                
     Imagine  it is  5:00  pm  on Friday,  you  are a  dairy                                                                    
     processor  and  your  pasteurization  equipment  breaks                                                                    
     down.  The scenario  is not  uncommon. To  fulfill your                                                                    
     school  and military  contracts,  FDA  requires that  a                                                                    
     state   lab  certify   your   equipment  is   operating                                                                    
     correctly  again and  test the  product  to make  sure.                                                                    
     Milk can't  wait until Monday morning.  The Seafood and                                                                    
     Food  Safety Laboratory  staff is  there  to make  sure                                                                    
     your product  is safe for  consumption and makes  it to                                                                    
     market  while   it's  fresh.  Ours  is   the  only  lab                                                                    
     certified in  Alaska to test  dairy products  to ensure                                                                    
     successful pasteurization  so they  can be sold  to the                                                                    
     military and schools.                                                                                                      
                                                                                                                                
     SB 215  provides the funding  mechanism to build  a new                                                                    
     Seafood and Food Safety Lab.  The expense is already in                                                                    
     our  proposed  capital  budget. The  facility  we  have                                                                    
     leased for 34  years will not be  available after 2006.                                                                    
     It is  overcrowded and not fully  compliant with safety                                                                    
     codes   and  laboratory   design   standards.  It   was                                                                    
     developed  in Palmer  when the  principal lab  business                                                                    
     was   agriculture   and    dairy.   In   recent   years                                                                    
     entrepreneurs in  coastal Alaska have developed  a wide                                                                    
     variety  of  value  added  seafood  products  adding  a                                                                    
     significant and  time sensitive  testing responsibility                                                                    
     for our lab. Our proposed  new lab will be in Anchorage                                                                    
     where  valuable  hours  can  be  saved  between  sample                                                                    
     collection and  test results for  raw and  live seafood                                                                    
     industries.                                                                                                                
                                                                                                                                
     A core  function of government  is protection  of human                                                                    
     health   and  the   environment.  Government   must  be                                                                    
     prepared  to  respond  to  unanticipated  outbreaks  of                                                                    
     disease  or  the  presence of  contamination  in  food,                                                                    
     water and  animals. The Alaska seafood  and food safety                                                                    
     laboratory  fulfills these  functions. We  analyze raw,                                                                    
     finished, and  value-added food products  for bacteria,                                                                    
     chemicals, and toxic contaminants.                                                                                         
                                                                                                                                
     The laboratory protects  Alaskans by monitoring animals                                                                    
     for  zoonotic  diseases-transferred   from  animals  to                                                                    
     humans-such as  brucellosis. Lab technicians  test food                                                                    
     products for  botulism, salmonella, listeria  and fecal                                                                    
     coliforms  and  also  test public  drinking  water  for                                                                    
     giardia, a  common contaminant found in  surface water,                                                                    
     and cryptosporidium.                                                                                                       
                                                                                                                                
     The   laboratory  supports   the  seafood,   dairy  and                                                                    
     shellfish industries.                                                                                                      
     To successfully market  Alaska's high quality shellfish                                                                    
     and seafood, the public must  be assured they are safe.                                                                    
     Federal  requirements  for  shellfish are  very  strict                                                                    
     because the health risks  are great. Through monitoring                                                                    
     and  testing the  lab assures  the  safety of  Alaska's                                                                    
     growing   shellfish   industry,   including   geoducks,                                                                    
     mussels  and  oysters.  Through new  PSP  sampling  and                                                                    
     testing procedures,  live geoduck  sales have  begun to                                                                    
     enable  the   industry  to  ship   approximately  50-60                                                                    
     percent  of  its  geoduck quota  live,  increasing  its                                                                    
     value three  fold. When the  industry reaches  its goal                                                                    
     of 85 percent live  shipment, the industry's value will                                                                    
     be worth approximately $2.5 million.                                                                                       
                                                                                                                                
     A  perfect  example  of  how  this  lab  has  and  will                                                                    
     continue to  help Alaska's economy  grow is  the farmed                                                                    
     oyster  industry. As  I'm sure  you  all know,  Alaskan                                                                    
     oysters  are top  quality and  easily merit  their good                                                                    
     wholesale price. In the recent  past, this industry did                                                                    
     not exist.  DEC lab staff  are some of the  experts who                                                                    
     helped   oyster   farmers   get   started.   With   our                                                                    
     assistance,   farmers  set   up  operations   that  met                                                                    
     National Shellfish Sanitation  standards, which must be                                                                    
     met to  sell raw product. Those  standards require that                                                                    
     DEC sample the growing water  to ensure it is free from                                                                    
     contamination.  As the  industry grew,  it became  more                                                                    
     difficult for  our staff to travel  to remote locations                                                                    
     for  the collection  of water  samples. We  developed a                                                                    
     method  for  harvesters  to  collect  their  own  water                                                                    
     samples thereby increasing  the opportunity for growing                                                                    
     areas to be approved.  The laboratory is also providing                                                                    
     proof that Alaska's commercial fish  species are of the                                                                    
     highest quality and free  of contaminants by monitoring                                                                    
     commercially  caught species  for pollutants.  Over 600                                                                    
     samples were  collected last year and  the results will                                                                    
     be available next month.                                                                                                   
                                                                                                                                
     The  laboratory  supports   Alaska's  private  labs  by                                                                    
     certifying them to conduct  drinking water analysis. We                                                                    
     train  190 private  lab staff  a  year on  how to  test                                                                    
     drinking water  according to EPA standards,  and assist                                                                    
     private  laboratories  in obtaining  certification  and                                                                    
     approval to perform federally regulated tests.                                                                             
                                                                                                                                
     We cannot  depend on  private laboratories  to maintain                                                                    
     testing  and  analytical  capabilities  for  situations                                                                    
     when there  is no  profit margin. When  private markets                                                                    
     develop, our laboratories get out  of the business. For                                                                    
     example, the  Seafood and  Food Safety  Laboratory does                                                                    
     not  test drinking  water  for  fecal coliform  because                                                                    
     private  labs are  capable of  conducting those  tests.                                                                    
     The  DEC  laboratory  only   conducts  tests  that  are                                                                    
     federally required  to be  done by a  state lab  or are                                                                    
     not provided elsewhere in the state.                                                                                       
                                                                                                                                
     The  health of  Alaskans  and the  success of  Alaska's                                                                    
     seafood, shellfish and  dairy industries are contingent                                                                    
     upon the smooth and  continued operation of the seafood                                                                    
     and  food  safety   laboratory.  Through  our  testing,                                                                    
     monitoring,  and  technical   support,  the  laboratory                                                                    
     assures  the health  of Alaskans  and our  environment,                                                                    
     and   supports   the   development  of   our   abundant                                                                    
     resources.                                                                                                                 
                                                                                                                                
CHAIR GARY  STEVENS announced  he had a  memo from  legal counsel                                                               
suggesting  an amendment  to change  the  title. He  asked for  a                                                               
motion to adopt the committee substitute (CS).                                                                                  
                                                                                                                                
SENATOR JOHN COWDERY made a motion  to adopt CSSB 215 \D version.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
SENATOR  COWDERY asked  why  certificate  of participation  bonds                                                               
(COPs)  rather than  general obligation  bonds were  suggested as                                                               
the financing mechanism.                                                                                                        
                                                                                                                                
DEVEN  MITCHELL,   Treasury  Division   Debt  Manager   with  the                                                               
Department  of  Revenue,  explained  that  COPs  are  a  type  of                                                               
financing tool  that are  used for  specific projects  that don't                                                               
warrant  a statewide  election.  The  Legislature authorizes  the                                                               
appropriation of the  lease payment on an annual  basis. They are                                                               
a  lower obligation  than general  obligation  bonds (GO),  which                                                               
carry the full faith and credit of the state.                                                                                   
                                                                                                                                
SENATOR COWDERY referred  to the fees listed on page  2 and asked                                                               
whether they were typical for this  type of funding and where the                                                               
fees go.                                                                                                                        
                                                                                                                                
MR. MITCHELL  explained the  costs associated  with COPs  are the                                                               
project  itself  and the  cost  of  issuing the  bonds.  [Balance                                                               
indiscernible due to background noise.]                                                                                         
                                                                                                                                
SENATOR COWDERY asked if the fees would go directly to the lab.                                                                 
                                                                                                                                
MR.  MITCHELL  said   the  fees  on  page  2,   lines  12-17  are                                                               
interrelated. They are the sizing  of the COPs and anticipate the                                                               
reinvestment  of bond  proceeds over  the course  of the  project                                                               
period.  There  is  a  $140,000 estimate  on  earnings  on  those                                                               
proceeds  so the  issuance amount  is  $14,145,000 identified  on                                                               
line 9.  That is  added to the  $140,000 in  anticipated earnings                                                               
for a project  total size of $14,285,000. The  $1,391,000 on line                                                               
15 is  the anticipated  principal and  interest payments  for the                                                               
COPs that  would be paid on  an annual basis. The  $20,862,000 on                                                               
line 16 is the total  principal and interest repayment that would                                                               
occur over the 15 year life of the certificates.                                                                                
                                                                                                                                
SENATOR COWDERY  asked whether  any pass-through  federal funding                                                               
was available.                                                                                                                  
                                                                                                                                
COMMISSIONER BALLARD said they were not aware of any.                                                                           
                                                                                                                                
SENATOR COWDERY  asked how  many employees  were in  the existing                                                               
lab and how many would be in the new lab.                                                                                       
                                                                                                                                
KRISTIN RYAN, Director for the  Division of Environmental Health,                                                               
replied  there  are  25  employees  in  the  Palmer  lab.  Eleven                                                               
positions are specifically lab related  and would move to the new                                                               
facility. Fourteen  would remain in  the Palmer facility  and one                                                               
additional wastewater specialist would join that facility.                                                                      
                                                                                                                                
SENATOR COWDERY  said he thought the  lease was due to  expire at                                                               
the Palmer lab.                                                                                                                 
                                                                                                                                
MS. RYAN replied the current  lease expires in 2006. Some non-lab                                                               
related  personnel have  already  moved to  another facility  and                                                               
more would do so.                                                                                                               
                                                                                                                                
SENATOR   FRED  DYSON   referred  to   the  1997   Department  of                                                               
Administration  (DOA)  determination regarding  long-term  leases                                                               
and  statutory  rent  reduction requirements  and  asked  for  an                                                               
explanation.                                                                                                                    
                                                                                                                                
COMMISSIONER  BALLARD  admitted there  was  no  one present  that                                                               
could provide an explanation.                                                                                                   
                                                                                                                                
SENATOR DYSON remarked it would  be easier to change the statutes                                                               
than to  move to a  new facility.  He reviewed the  Department of                                                               
Revenue  (DOR) fiscal  note  and  asked if  it  was correct  that                                                               
$200,000 per year would pay back the COPs.                                                                                      
                                                                                                                                
MR. MITCHELL  admitted the  numbers in the  fiscal note  from DOR                                                               
and  those in  the bill  differ slightly.  The fiscal  note shows                                                               
$1,362,800 being paid annually for debt service.                                                                                
                                                                                                                                
SENATOR DYSON asked where that money would come from.                                                                           
                                                                                                                                
MR. MITCHELL said it would come from the general fund.                                                                          
                                                                                                                                
SENATOR DYSON asked what the  annual total would be for operating                                                               
expenses, including debt reduction, utilities and other costs.                                                                  
                                                                                                                                
MS. RYAN  explained it  would be a  combination of  the operating                                                               
costs and the debt servicing costs.                                                                                             
                                                                                                                                
SENATOR DYSON  noted that  would amount  to roughly  $1.6 million                                                               
per year. He asked where the public health lab is located.                                                                      
                                                                                                                                
COMMISSIONER  BALLARD replied  it is  next door  to the  proposed                                                               
lab.                                                                                                                            
                                                                                                                                
SENATOR DYSON  asked how much  is paid  for the current  lease at                                                               
the Palmer facility.                                                                                                            
                                                                                                                                
COMMISSIONER BALLARD said it is considerably less.                                                                              
                                                                                                                                
MS. RYAN estimated  current payments were closer  to $100,000 per                                                               
year.                                                                                                                           
                                                                                                                                
SENATOR  DYSON  asked  when  the  state  would  finish  principal                                                               
payments for the COPs.                                                                                                          
                                                                                                                                
COMMISSIONER BALLARD advised the term is 15 years.                                                                              
                                                                                                                                
CHAIR  GARY  STEVENS  thanked Senator  Dyson  for  comparing  the                                                               
projected  $200,000   payment  to  the  current   $100,000  lease                                                               
payment.                                                                                                                        
                                                                                                                                
SENATOR  GRETCHEN  GUESS  said the  department  was  speaking  of                                                               
$200,000 per  year in  utilities and  maintenance, but  they said                                                               
the  lease   purchase  was  $100,000,   not  the   utilities  and                                                               
maintenance.                                                                                                                    
                                                                                                                                
She asked  why there  was such a  difference between  the current                                                               
operating costs and the projected costs.                                                                                        
                                                                                                                                
MS.  RYAN explained  that the  new facility  meets all  codes for                                                               
heating, ventilation  and air handling and  includes an auxiliary                                                               
power source. All of which accounts for the cost differential.                                                                  
                                                                                                                                
SENATOR  GUESS  stated  she  was surprised  that  only  half  the                                                               
employees would  move from  the Palmer  facility and  asked which                                                               
jobs would stay.                                                                                                                
                                                                                                                                
MS.  RYAN  said  there  are  two  food  safety  inspectors,  four                                                               
pesticide program  employees, a state and  a federal veterinarian                                                               
and  a variety  of indirectly  related DEC  positions that  don't                                                               
necessarily rely on the lab services.                                                                                           
                                                                                                                                
SENATOR GUESS  asked about the  resolution to examine  a facility                                                               
near the airport for the lab.                                                                                                   
                                                                                                                                
CHAIR GARY STEVENS  said Mr. Mitchell's letter  addresses the ASI                                                               
consideration [SCR  6]. He asked  the commissioner to  comment on                                                               
the status of that resolution.                                                                                                  
                                                                                                                                
COMMISSIONER BALLARD  explained that  the department  conducted a                                                               
side-by-side  analysis   of  remodeling  some  of   the  facility                                                               
occupied by Alaska  Seafood International that is  located by the                                                               
airport versus  the stand-alone facility  that is on  state owned                                                               
property  at Tudor  and Boniface  and next  to the  public health                                                               
lab. Upon  reviewing the analysis, the  governor recommended that                                                               
DEC proceed with the stand-alone facility.                                                                                      
                                                                                                                                
SENATOR  GUESS requested  a copy  of  the analysis  and asked  if                                                               
there was  a reason to set  the amount in statute  rather than an                                                               
giving  an "up  to" figure.  She  then asked  what assurance  the                                                               
public has that the cost would be at or below the projection.                                                                   
                                                                                                                                
MR. MITCHELL said  that, from his perspective,  the "sum certain"                                                               
is  the requirement,  by law,  that the  Legislature approves  an                                                               
amount. It  could be expressed  as a  "not to exceed  amount" but                                                               
the Legislature has preferred to  know more definitively how much                                                               
they would spend.  This bill has had a lot  of effort expended to                                                               
accomplish  the new  facility and  to help  that DOR  provided an                                                               
estimate of  investment earnings on  the proceeds while  they are                                                               
being drawn down. Although it's  only $140,000, current budgetary                                                               
conditions make  it desirable to  make sure that  the authorizing                                                               
body of the Legislature is aware of where the money would go.                                                                   
                                                                                                                                
COMMISSIONER  BALLARD   informed  the   committee  the   site  is                                                               
prepared,  the  utilities  are  stubbed  to  the  site,  and  the                                                               
drawings are  at 70 percent  completion. The project has  been in                                                               
the works for seven years so  many of the design and construction                                                               
uncertainties have already been addressed.                                                                                      
                                                                                                                                
JOHN  MACKINNON,  Deputy  Commissioner  with  the  Department  of                                                               
Transportation  & Public  Facilities, said  the state  health lab                                                               
was recently completed  and is a similar facility  with regard to                                                               
code and  laboratory requirements. They have  accurate numbers on                                                               
the cost  of that facility and  the proposed lab would  likely be                                                               
similar in  square foot costs.  There are contingency  pockets in                                                               
the   overall  budget   process   to  take   up  any   unforeseen                                                               
circumstances.                                                                                                                  
                                                                                                                                
SENATOR  COWDERY asked  if there  were private  sector facilities                                                               
that could meet the need.                                                                                                       
                                                                                                                                
DEPUTY  COMMISSIONER MACKINNON  said he  would compare  leasing a                                                               
facility to use  as a food lab to taking  a warehouse and turning                                                               
it into  a hospital. It would  be a tremendous amount  of work to                                                               
meet the code requirements.                                                                                                     
                                                                                                                                
SENATOR  COWDERY  asked  if anyone  had  approached  the  private                                                               
sector.                                                                                                                         
                                                                                                                                
TOM  LIVINGSTON,  project  architect,  said  his  company  did  a                                                               
feasibility study  for leasing versus building  several years ago                                                               
and  they determined  they  would be  faced  with constructing  a                                                               
building within a building if  they were to lease space. Overall,                                                               
lease costs were higher than ownership costs.                                                                                   
                                                                                                                                
SENATOR COWDERY said he supported the need for the facility.                                                                    
                                                                                                                                
SENATOR  GUESS asked  how lab  use would  differ in  the proposed                                                               
facility because the  operating expenses are projected  to be ten                                                               
times higher.                                                                                                                   
                                                                                                                                
MS.  RYAN   explained  the  current  laboratory   does  not  meet                                                               
laboratory or  OSHA standards, which  means their results  are at                                                               
risk and  could be refuted.  Although there might be  an increase                                                               
in samples  tested at the new  lab, the main thing  the public is                                                               
getting for the increased cost  is knowledge that the results are                                                               
accurate.                                                                                                                       
                                                                                                                                
ROGER  PAINTER, representative  of the  Alaska Shellfish  Growers                                                               
Association,  spoke  in  support  of   SB  215.  With  regard  to                                                               
contracting services  to the private  sector, he said  that there                                                               
are  no  private  labs  in the  country  that  conduct  paralytic                                                               
shellfish poison tests or that  can process water quality samples                                                               
for marine waters.                                                                                                              
                                                                                                                                
Since the  lab facilities were  originally leased in  Palmer, the                                                               
clientele  has  shifted  from  agriculture  to  seafood.  Because                                                               
seafood samples must be in the  lab within 30 hours from the time                                                               
they  are collected,  having  the lab  in  Anchorage rather  than                                                               
Palmer would  make it easier  for businesses  such as his  to fit                                                               
within the time constraints.                                                                                                    
                                                                                                                                
He commented that the current  lab was hopelessly antiquated when                                                               
he visited it last 15 years ago.                                                                                                
                                                                                                                                
ROGER SHANNON from  Kenai asserted that the lab  should be placed                                                               
in the ASI [Alaska Seafood International] building.                                                                             
                                                                                                                                
JULIE DECKER, executive officer  from the Southeast Regional Dive                                                               
Fishers Association,  testified via teleconference in  support of                                                               
the bill. She said the proposed  lab is economically vital to the                                                               
dive fishery and the current lab staff does excellent work.                                                                     
                                                                                                                                
SENATOR COWDERY made a motion  to move CSSB 215(STA) and attached                                                               
fiscal notes  from committee with individual  recommendations and                                                               
asked for unanimous consent.                                                                                                    
                                                                                                                                
CHAIR GARY STEVENS asked for a roll call.                                                                                       
                                                                                                                                
SENATOR DYSON  asked to speak to  the issue and stated  it almost                                                               
defies logic to  build a new stand-alone lab  rather than placing                                                               
it in the  state owned building that houses ASI.  Second, he said                                                               
he is intimidated by the 15  year obligation and has trouble with                                                               
the engineering  estimates that  make it  almost as  expensive to                                                               
put the  lab in  the existing building  as it is  to build  a new                                                               
free  standing building.  In  his  view, the  ASI  building is  a                                                               
monument to how  poorly government does when it  gets involved in                                                               
areas that should be left to the private sector.                                                                                
                                                                                                                                
SENATOR  GUESS asked  what the  design costs  were for  the state                                                               
owned building.                                                                                                                 
                                                                                                                                
MR. MACKINNON  said about  $1 million was  spent in  design costs                                                               
for  the  stand alone  building  and  those design  costs  aren't                                                               
adaptable to putting the facility in the ASI building.                                                                          
                                                                                                                                
SENATOR GUESS asked if a true  analysis would show that one would                                                               
be about $15 million and the other about $13.3.                                                                                 
                                                                                                                                
MR. MACKINNON agreed if you were to start from ground zero.                                                                     
                                                                                                                                
SENATOR  GUESS said,  sunk costs  are  sunk costs,  but from  the                                                               
marginal cost perspective  the ASI building looks to  be a better                                                               
long term  option. She questioned why  the Administration decided                                                               
on the stand-alone building.                                                                                                    
                                                                                                                                
CHAIR GARY STEVENS asked Senator  Cowdery to remove his motion so                                                               
Mr. MacKinnon could answer the question.                                                                                        
                                                                                                                                
SENATOR  COWDERY  removed  his  motion  to  move  the  bill  from                                                               
committee.                                                                                                                      
                                                                                                                                
MR.  MACKINNON stated  that the  ASI building  would be  a better                                                               
option if the  seafood lab were needed for just  15 years, but at                                                               
the end of 15 years there would be operating costs to consider.                                                                 
                                                                                                                                
SENATOR COWDERY  commented placing  the lab  in the  ASI building                                                               
would limit future tenants.                                                                                                     
                                                                                                                                
CHAIR GARY STEVENS  noted Mr. Mitchell wrote a memo  on March 28,                                                               
2003 that  said the seafood  lab would  use just five  percent of                                                               
the  ASI  building and  locating  the  lab  there would  make  it                                                               
difficult to find a tenant for the rest of the space.                                                                           
                                                                                                                                
SENATOR DYSON asked what portion  of the operating costs would be                                                               
recovered through customer fees.                                                                                                
                                                                                                                                
COMMISSIONER BALLARD  replied they  might recover between  25 and                                                               
30  percent in  fees  by  next year.  They  are  raising fees  as                                                               
quickly as possible, but some  of the projected increases require                                                               
statutory change. Current  fee income is about  $100,000 per year                                                               
and  with statutory  changes they  hope to  increase it  to about                                                               
$300,000.                                                                                                                       
                                                                                                                                
She added  that AIDEA  (Alaska Industrial Development  and Export                                                               
Authority) only  considered housing the  lab in the  ASI building                                                               
in the last  year and by that  time the $1 million  to design the                                                               
stand-alone building was already spent,  which is why there isn't                                                               
a true side-by-side comparison.                                                                                                 
                                                                                                                                
CHAIR  GARY  STEVENS  said  the   current  questions  were  of  a                                                               
financial  nature and  he  would like  the  Finance Committee  to                                                               
address them.                                                                                                                   
                                                                                                                                
SENATOR COWDERY made a motion  to move CSSB 215(STA) and attached                                                               
fiscal notes from committee and asked for unanimous consent.                                                                    
                                                                                                                                
CHAIR GARY STEVENS asked if  there was any objection. There being                                                               
no stated objection, CSSB 215(STA) moved from committee.                                                                        
                                                                                                                                
            SJR 19-CONST. AM: PERMANENT FUND INCOME                                                                         
                                                                                                                                
SENATOR GEORGIANNA LINCOLN, bill sponsor,  advised that HJR 3 was                                                               
the  companion bill  and  she had  aide Mark  Gnadt  with her  to                                                               
answer  technical questions.  She  paraphrased  from the  sponsor                                                               
statement.                                                                                                                      
                                                                                                                                
     SJR 19  proposes a constitutional amendment  that would                                                                    
     give constitutional protection  to the dividend program                                                                    
     of the Alaska Permanent  Fund. It ensures the Permanent                                                                    
     Fund Dividend will endure.                                                                                                 
                                                                                                                                
     This  resolution  is  a   reiteration  of  the  popular                                                                    
     initiative  proposed  by  former Governor  Jay  Hammond                                                                    
     late last  year. SJR 19  would require a  majority vote                                                                    
     by Alaskans  before the Legislature could  spend any of                                                                    
     the Permanent  Fund earnings that  currently go  to the                                                                    
     dividend or to inflation proof the fund.                                                                                   
     The  Resolution would  also  maintain the  distribution                                                                    
     formulas used  to calculate the  dividend that  were in                                                                    
     place  on July  21, 2002.  This will  further guarantee                                                                    
     the  Permanent   Fund  Dividend  Program   will  remain                                                                    
     intact.                                                                                                                    
                                                                                                                                
     It  has  been  said  that  permanently  protecting  the                                                                    
     dividend  program might  make the  fund susceptible  to                                                                    
     federal taxation. Section 3 of  SJR 19 will immediately                                                                    
     repeal Sections 1 and 2  if the IRS determines the fund                                                                    
     is taxable.                                                                                                                
                                                                                                                                
     The  Permanent Fund  dividend represents  approximately                                                                    
     one-eighth of Alaska's economy,  and is the most direct                                                                    
     link  between the  people of  Alaska and  the resources                                                                    
     they own.  With the  ongoing budget  deficit, it  is in                                                                    
     the  interest of  Alaskans to  constitutionally protect                                                                    
     our  dividend  on which  many  people  depend and  with                                                                    
     which they contribute to a healthy economy.                                                                                
                                                                                                                                
She noted  the fiscal note  from the Division of  Elections shows                                                               
an expenditure  of $1,500 in 2005  to add the information  to the                                                               
Official Election Pamphlet. She  discussed the sectional analysis                                                               
prepared by Tamara Cook. [Copy in bill file.]                                                                                   
                                                                                                                                
CHAIR GARY STEVENS asked her to comment on the IRS issues.                                                                      
                                                                                                                                
MARK  GNADT, aide  to Representative  Eric Croft,  explained that                                                               
certain people are concerned that  if the dividend were placed in                                                               
statute  thereby  removing  the   appropriation  power  from  the                                                               
Legislature,  then   the  dividend  would  become   more  like  a                                                               
corporate dividend as opposed to  a dividend for the public good.                                                               
The  IRS  has  made  no  specific findings  in  that  regard  and                                                               
although  there is  some history  that substantiates  both sides,                                                               
none  are  closely related  to  the  Alaska Permanent  Fund.  The                                                               
sponsors believe the IRS is waiting  for the state to make a move                                                               
before  they make  any  determination. That's  why  they put  the                                                               
provision  in  Section  3, which  would  suspend  the  amendments                                                               
immediately if  the IRS were  to initially determine that  any or                                                               
all of the fund is taxable.  If the final judgment finds that the                                                               
fund is not taxable, the  suspension terminates. If it finds that                                                               
the fund is taxable, the suspension remains in effect.                                                                          
                                                                                                                                
SENATOR JOHN  COWDERY said the  dividend was never  considered an                                                               
entitlement to the  fund and should never be  considered as such.                                                               
He asked whether a tax attorney had been consulted.                                                                             
                                                                                                                                
SENATOR LINCOLN replied they asked legislative legal to respond.                                                                
                                                                                                                                
SENATOR COWDERY advised this is  a high-risk gamble and there are                                                               
other  options  that  would  assure   a  dividend  and  not  risk                                                               
taxation.                                                                                                                       
                                                                                                                                
SENATOR LINCOLN said the point is well taken.                                                                                   
                                                                                                                                
BOB  BARTHOLOMEW,   Chief  Operating  Officer  with   the  Alaska                                                               
Permanent Fund Corporation, advised he had three comments.                                                                      
                                                                                                                                
   · Historically, the trustees have been concerned about the                                                                   
     tax-exempt  status of  the fund.  Enclosed in  the committee                                                               
     packets  is the  1998  opinion from  the Attorney  General's                                                               
     Office related  to the tax-exempt  status of the  fund. With                                                               
     regard to the  clause to repeal the  amendment, he cautioned                                                               
     that once the  process is started there is  no guarantee the                                                               
     IRS  wouldn't look  at the  current status  of the  fund and                                                               
     current issues unrelated to the constitutional amendment.                                                                  
   · They appreciate that SJR 19 is a proposal that is separate                                                                 
     from  the   Board  of  Trustee  proposal   that  deals  with                                                               
     modernizing  distribution   of  the  fund  related   to  the                                                               
     investment management perspective.  They encourage continued                                                               
     separation of the issues.                                                                                                  
   · As the policy debate continues regarding protecting the                                                                    
     dividend, they encourage looking at  the best way to do that                                                               
     mechanically.  This proposal  is to  use existing  statutory                                                               
     language,   but  the   corporation  believes   the  existing                                                               
     statutes cause  problems because  they were designed  for an                                                               
     investment  fund  of  20  years  ago,  which  is  completely                                                               
     different  that  the fund  they  guide  today. Part  of  the                                                               
     board's recommendation is to update the statutes.                                                                          
                                                                                                                                
SENATOR GRETCHEN  GUESS asked for verification  that changing the                                                               
constitution to POMV [percent of  market value] doesn't guarantee                                                               
the dividend program it is simply a different management payout.                                                                
                                                                                                                                
MR.  BARTHOLOMEW  explained  that  the current  proposal  in  the                                                               
Senate and House would guarantee  an annual distribution from the                                                               
permanent fund, not what the distribution would be used for.                                                                    
                                                                                                                                
SENATOR GUESS asked if there  had been any communication with the                                                               
IRS.                                                                                                                            
                                                                                                                                
MR. BARTHOLOMEW said  it is his understanding that  they have had                                                               
no direct communication with the IRS.                                                                                           
                                                                                                                                
PETRIA  FALKENBERG from  Kenai  testified  via teleconference  in                                                               
support of  SJR 19 because it  protects the PFD. The  PFD belongs                                                               
to the  people and they should  have a say in  how the government                                                               
spends its resources.                                                                                                           
                                                                                                                                
JAMES PRICE  testified via teleconference  in support of  SJR 19.                                                               
He said  it's important to  give the people  a chance to  vote on                                                               
this important issue.                                                                                                           
                                                                                                                                
FRED STURMAN,  testified via teleconference that  this would take                                                               
money out of legislators hands and he was in favor of that.                                                                     
                                                                                                                                
ROGER  SHANNON testified  via teleconference  and said  he agreed                                                               
with the other speakers and urged passage of SJR 19.                                                                            
                                                                                                                                
LORI CHURCHILL  testified via teleconference  to urge  passage of                                                               
SJR 19. She advised she was sending written testimony as well.                                                                  
                                                                                                                                
RUBY KIME from Ninilchik testified  via teleconference in support                                                               
of SJR 19.  She said she favored restricting the  amount of money                                                               
available to the Legislature.                                                                                                   
                                                                                                                                
SENATOR  COWDERY asked  that information  regarding how  far back                                                               
the  IRS would  look  if they  decided the  fund  was taxable  be                                                               
passed to the Judiciary Committee.                                                                                              
                                                                                                                                
SENATOR LINCOLN said she would look for that information.                                                                       
                                                                                                                                
SENATOR GUESS  made a motion to  move SJR 19 and  attached fiscal                                                               
notes  from  committee  with  individual  recommendations.  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
          SB 211-REGULATIONS: NOTICE AND DISTRIBUTION                                                                       
                                                                                                                                
CRAIG  TILLERY,   Assistant  Attorney  General,  stated   he  was                                                               
available for questions.                                                                                                        
                                                                                                                                
CHAIR  GARY STEVENS  asked Mr.  Tillery  if passage  of the  bill                                                               
would result in substantial savings.                                                                                            
                                                                                                                                
MR. TILLERY advised they expected the  savings to be in the range                                                               
of $215,000.                                                                                                                    
                                                                                                                                
SENATOR  GRETCHEN  GUESS  asked  how  general  circulation  of  a                                                               
newspaper would be judged.                                                                                                      
                                                                                                                                
MR. TILLERY advised  the current rule is that  notices are placed                                                               
in  just one  newspaper that  has general  circulation, which  is                                                               
judged by  the extent to which  they reach the public.  They look                                                               
at where likely interest would be  for a particular bill and have                                                               
determined that Anchorage, Fairbanks  and Juneau newspapers would                                                               
all technically qualify under the provision.                                                                                    
                                                                                                                                
SENATOR GUESS asked if a  department head would make the judgment                                                               
on general circulation.                                                                                                         
                                                                                                                                
MR. TILLERY said that was correct.                                                                                              
                                                                                                                                
SENATOR  GUESS asked  if they  knew how  many Alaskan  households                                                               
have Internet  access and what computer  requirements there would                                                               
be to use the web site.                                                                                                         
                                                                                                                                
MR. TILLERY  said any computer  connection would work  and people                                                               
have access  to the Internet at  home, at work and  at the public                                                               
library. He said access is pervasive,  but he didn't have data on                                                               
the number of people with Internet access.                                                                                      
                                                                                                                                
SENATOR GUESS asked whether the  bill would alter DOT [Department                                                               
of  Transportation &  Public Facilities]  notices to  communities                                                               
regarding traffic issues.                                                                                                       
                                                                                                                                
MR. TILLERY said this bill deals only with regulations.                                                                         
                                                                                                                                
SENATOR GUESS asked if there was  a reason that only the pipeline                                                               
regulations were mentioned and not other RCA regulations.                                                                       
                                                                                                                                
MR.  TILLERY  said  they  took   out  the  regulations  that  are                                                               
technical and almost exclusively of  interest to industry and not                                                               
of general public interest.                                                                                                     
                                                                                                                                
SENATOR GUESS  advised they  might want  to rethink  the pipeline                                                               
act because  it is  becoming more consumer  based and  of greater                                                               
interest.                                                                                                                       
                                                                                                                                
SENATOR JOHN  COWDERY made a motion  to move SB 211  and attached                                                               
fiscal note from committee and asked for unanimous consent.                                                                     
                                                                                                                                
SENATOR GUESS objected.                                                                                                         
                                                                                                                                
CHAIR  GARY STEVENS  called for  a roll  call. Senators  Cowdery,                                                               
Dyson and  Chair Gary Stevens  voted yea and Senator  Guess voted                                                               
nay. SB 211 moved from committee.                                                                                               
                                                                                                                                
        HJR 22-PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                    
                                                                                                                                
SENATOR JOHNNY  ELLIS, sponsor of  SJR 15, stated  his resolution                                                               
was superceded  by action in  the House.  He described this  as a                                                               
bi-partisan effort that makes a strong statement.                                                                               
                                                                                                                                
JOMO STEWART, staff to Representative  David Guttenberg, said the                                                               
original resolution  was put through  quickly after  September 11                                                               
and a number of the  provisions seriously undermine liberties and                                                               
civil  rights.  There is  a  growing  groundswell throughout  the                                                               
country to have  the Act reviewed and  perhaps amended. Currently                                                               
there is  a move to take  out some of the  sunset provisions that                                                               
are in  the Act  and there is  also a Patriot  Act II  that would                                                               
expand  on  some  of  the  surveillance  provisions.  This  would                                                               
support  Representative Don  Young  in his  effort  to amend  the                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR GARY  STEVENS announced  it was his  intention to  move the                                                               
resolution out of the committee that day.                                                                                       
                                                                                                                                
JOHN BRADING testified via teleconference in support of HJR 22.                                                                 
                                                                                                                                
FRANK TURNEY testified via teleconference in support of HJR 22.                                                                 
                                                                                                                                
TAPE 03-31, SIDE A                                                                                                            
5:10 pm                                                                                                                       
                                                                                                                                
SCOTT CALDER  testified via teleconference  in support of  HJR 22                                                               
although  he  noted  he  didn't  agree  with  removing  the  term                                                               
"probable cause" as  the criteria and replacing it  with the term                                                               
"reasonable suspicion."                                                                                                         
                                                                                                                                
JODI OLMSTEAD testified via teleconference in support of HJR 22.                                                                
                                                                                                                                
GRAHAM STOREY  from Nome testified  via teleconference to  say he                                                               
did not  support HJR 22. Citizens  may gather in groups  and they                                                               
may  criticize  their  government.  He urged  Alaska  to  pass  a                                                               
resolution  in  support  of  the  right not  to  be  attacked  by                                                               
terrorists.                                                                                                                     
                                                                                                                                
JENNIFER  RUDDINGER,  Executive  Director  of  the  Alaska  Civil                                                               
Liberties Union   (ACLU), testified  via teleconference  that the                                                               
ACLU supports HJR 22 including the words "reasonable suspicion."                                                                
                                                                                                                                
MR.  TIMOTHY BURGESS,  U.S. Department  of  Justice attorney  for                                                               
Alaska said he  found out about the hearing  the previous evening                                                               
from Senator Guess. He stated:                                                                                                  
                                                                                                                                
     One of the responsibilities of  my office is to enforce                                                                    
     federal  law, including  the Patriot  Act, so  I was  a                                                                    
     little concerned  to make sure  that both sides  of the                                                                    
     story  in  regard to  this  act  and what  the  federal                                                                    
     government is  doing in conjunction with  our state and                                                                    
     local  colleagues  is  brought  before  your  committee                                                                    
     before this resolution  is passed. I think  there are a                                                                    
     lot  of misconceptions  being  offered  about what  the                                                                    
     Patriot Act does or doesn't do  and that is part of the                                                                    
     concern  I  have.  I  think,  for  instance,  there  is                                                                    
     concern that  under the Patriot Act  federal agents are                                                                    
     now able  to review  library records and  books checked                                                                    
     out  by U.S.  citizens.  If you  read  the act,  that's                                                                    
     absolutely not true.  In order to do  that, agents have                                                                    
     to get a court order  approving their looking for those                                                                    
     records. It can't  be for U.S. citizens.  It can't even                                                                    
     be for  domestic crimes or  domestic terrorism.  It has                                                                    
     to  be   in  regard   to  an   international  terrorism                                                                    
     investigation after  a court approves us  seeking those                                                                    
     records.  So,   that  just   highlights  some   of  the                                                                    
     misconceptions that  are being, I think,  used in order                                                                    
     to support resolutions such as this.                                                                                       
                                                                                                                                
     I'm also concerned, for  instance, with the suggestion,                                                                    
     as  I  read it,  from  this  proposed resolution,  that                                                                    
     state   employees   can't    cooperate   with   federal                                                                    
     authorities unless  there is a reasonable  suspicion of                                                                    
     a violation of  Alaska law. Well there are  a number of                                                                    
     differences  between Alaska  law  and  federal law  but                                                                    
     there  may well  be criminal  activity that  concerns a                                                                    
     federal  law  related  to terrorism  and  I  think  one                                                                    
     reading of  this proposed resolution might  chill state                                                                    
     employees   from   cooperating   with   their   federal                                                                    
     colleagues  in  trying  to  prevent  another  terrorism                                                                    
     incident. So,  those are a  few of the concerns  I have                                                                    
     and if, Mr.  Chairman, if you or the  other Senators at                                                                    
     some point  would like  additional information  from me                                                                    
     I'd  be happy  to provide  that. I  didn't prepare  any                                                                    
     formal testimony  today because  I wasn't  really aware                                                                    
     that this was  going to be considered today.  But, I am                                                                    
     concerned  that  the  Senate   reach  out  to  the  law                                                                    
     enforcement  community,  which   is  charged  with  the                                                                    
     responsibility   for   preventing   another   terrorism                                                                    
     incident like happened in September of 2001.                                                                               
                                                                                                                                
                                                                                                                                
RYNNIEVA MOSS, aide to Representative John Coghill, said she                                                                    
wanted to address several issues:                                                                                               
   · The resolution says state resources would not be used to                                                                   
     enforce federal law, but that doesn't mean the state                                                                       
     couldn't or wouldn't cooperate in an investigation.                                                                        
   · Congressman Don Young is planning to introduce legislation                                                                 
     to remove some of the provisions of the Patriot Act.                                                                       
   · During the Revolutionary War, Benjamin Franklin said, "They                                                                
     that can give up essential liberty to obtain a little                                                                      
     temporary safety deserve neither liberty nor safety."                                                                      
                                                                                                                                
SENATOR DYSON made a motion to move CSHJR 22(RLS) and attached                                                                  
fiscal note from committee with individual recommendations.                                                                     
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Gary Stevens adjourned the meeting at 5:25 pm.                                                                            
                                                                                                                                

Document Name Date/Time Subjects