Legislature(2001 - 2002)

02/05/2002 03:02 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 HOUSE RULES STANDING COMMITTEE                                                                               
                        February 5, 2002                                                                                        
                           3:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Pete Kott, Chair                                                                                                 
Representative Brian Porter                                                                                                     
Representative Vic Kohring                                                                                                      
Representative Lesil McGuire                                                                                                    
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Morgan                                                                                                      
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONTRACT AMENDMENT FOR RON SOMERVILLE                                                                                           
                                                                                                                                
     - CONTRACT APPROVED                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TED POPLEY                                                                                                                      
Senate/House Majority Legal Office                                                                                              
Alaska State Legislature                                                                                                        
Capitol Building, Room 116                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Provided information regarding Mr.                                                                         
Somerville's work.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-1, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  PETE  KOTT  called  the  House  Rules  Standing  Committee                                                               
meeting  to order  at 3:02  p.m.   Representatives Kott,  Porter,                                                               
Kohring,  and   Joule  were  present   at  the  call   to  order.                                                               
Representative McGuire arrived as the meeting was in progress.                                                                  
                                                                                                                                
[Note that the counter numbers indicate the elapsed time.]                                                                      
                                                                                                                                
CONTRACT AMENDMENT FOR RON SOMERVILLE                                                                                         
                                                                                                                                
TED POPLEY, Senate/House Majority Legal  Office, noted that he is                                                               
the Project  Director for the  contract with Mr.  Somerville, who                                                               
has  been on  contract with  the legislature  for some  time now.                                                               
Before  the  committee  is  the  extension  of  Mr.  Somerville's                                                               
contract  by one  year.   Mr. Somerville's  work primarily  deals                                                               
with  state and  federal  resource  issues for  the  House.   Mr.                                                               
Somerville's  work  is  fairly  widespread  in  that  he  advises                                                               
committees, individual  legislators, Mr. Popley, and  the Speaker                                                               
of the  House on  matters relating  to access  issues, rights-of-                                                               
way,  water  rights,  the submerged  lands  issues,  navigability                                                               
determinations, and many other issues.                                                                                          
                                                                                                                                
MR. POPLEY  explained that  Mr. Somerville  is a  paid consultant                                                               
that works on  an hourly basis.  Mr.  Somerville reports directly                                                               
to  Mr.  Popley,   the  chair  of  the   [House]  Rules  Standing                                                               
Committee, and  the Speaker  of the House.   Mr.  Popley informed                                                               
the committee that Mr. Somerville  generally bills less time than                                                               
the contract  allows.  Mr. Somerville's  contract expired January                                                               
20,  2002, and  thus the  [contract] before  the committee  would                                                               
extend  Mr. Somerville's  contract through  the remainder  of the                                                               
calendar year.                                                                                                                  
                                                                                                                                
02.2                                                                                                                            
                                                                                                                                
CHAIR  KOTT recalled  that [Mr.  Somerville]  generates a  report                                                               
that  is  sent  to  Mr.  Popley and  the  Speaker  regarding  Mr.                                                               
Somerville's projects.   Chair Kott pointed out  that the amended                                                               
contract amount is not to exceed [$50,000].                                                                                     
                                                                                                                                
REPRESENTATIVE   JOULE  related   his  understanding   that  this                                                               
contract would be extended to 2003.                                                                                             
                                                                                                                                
MR. POPLEY explained that the  contract amount would [not exceed]                                                               
$50,000 between January 20, 2002, and January 2003.                                                                             
                                                                                                                                
03.7                                                                                                                            
                                                                                                                                
REPRESENTATIVE JOULE inquired as to  what Mr. Somerville would be                                                               
working on this year.                                                                                                           
                                                                                                                                
MR.  POPLEY  informed  the  committee   that  Mr.  Somerville  is                                                               
currently working on a variety  issues with the [House] Resources                                                               
Standing Committee as  well as with House Majority  members.  Mr.                                                               
Somerville is  working on water rights  legislation and submerged                                                               
lands issues,  including a navigability commission  that would be                                                               
a  joint federal  [and state]  commission to  better establish  a                                                               
list  of  navigable waters  within  the  state.   Currently,  Mr.                                                               
Somerville  is working  on access-related  issues  such as  those                                                               
lands  involved in  ANCSA [Alaska  Native Claims  Settlement Act]                                                               
17(b)   easement  issues   and  R.S.2477   rights-of-way  issues.                                                               
Additionally,  session always  brings surprises  and thus  he was                                                               
confident that there  would be many resource  issues arising that                                                               
Mr. Somerville would also be assigned  between now and the end of                                                               
session.                                                                                                                        
                                                                                                                                
05.1                                                                                                                            
                                                                                                                                
REPRESENTATIVE  JOULE   recalled  last  year's  meeting   on  Mr.                                                               
Somerville's  contract during  which the  question regarding  who                                                               
Mr. Somerville  works for, the  Majority or the  legislature, was                                                               
posed.   He  recalled that  the  answer was  that Mr.  Somerville                                                               
works for the legislature.                                                                                                      
                                                                                                                                
MR.  POPLEY answered  that technically  Mr. Somerville  does work                                                               
for the legislature.                                                                                                            
                                                                                                                                
REPRESENTATIVE JOULE  recalled the testimony that  Mr. Somerville                                                               
is  working  on  certain  items for  the  Majority.    Therefore,                                                               
Representative  Joule wondered  if  those [not  in] the  Majority                                                               
would be able to view those  items because they may have interest                                                               
in them as well.                                                                                                                
                                                                                                                                
MR.  POPLEY  replied  yes,  and stated  that  Mr.  Somerville  is                                                               
available to  any member seeking  his consulting skills.   In the                                                               
past,  Mr.  Somerville  has  provided  periodic  reports  to  the                                                               
Minority leader and provided summaries  and work descriptions for                                                               
some  of  the issues  he  is  working on  as  well.   Mr.  Popley                                                               
emphasized  that  Mr.  Somerville is  available,  available  upon                                                               
request.                                                                                                                        
                                                                                                                                
06.3                                                                                                                            
                                                                                                                                
REPRESENTATIVE JOULE turned to the issue of subsistence.                                                                        
                                                                                                                                
MR. POPLEY  acknowledged that subsistence  is an issue  that will                                                               
inevitably  arise again.   He  noted that  he would  turn to  Mr.                                                               
Somerville  for advise  and council  on subsistence,  and he  was                                                               
sure that other members of the House would do so as well.                                                                       
                                                                                                                                
REPRESENTATIVE JOULE inquired  as to why this  contract is before                                                               
the  House  Rules  Standing  Committee   rather  than  the  Joint                                                               
Committee on Legislative Council.                                                                                               
                                                                                                                                
CHAIR  KOTT  related  his   understanding  that  anything  beyond                                                               
$25,000 has to be [approved] by House Rules Standing Committee.                                                                 
                                                                                                                                
07.2                                                                                                                            
                                                                                                                                
REPRESENTATIVE  PORTER  moved  that  the  committee  approve  the                                                               
contract extension for Mr. Somerville.                                                                                          
                                                                                                                                
REPRESENTATIVE JOULE  objected.  Representative Joule  noted that                                                               
he has never asked Mr. Somerville  to do anything.  Therefore, he                                                               
remarked that perhaps he would have to just do so at some point.                                                                
                                                                                                                                
CHAIR  KOTT pointed  out  that if  this  contract isn't  adopted,                                                               
Representative  Joule wouldn't  have the  opportunity to  request                                                               
Mr. Somerville's services.                                                                                                      
                                                                                                                                
08.8                                                                                                                            
                                                                                                                                
REPRESENTATIVE PORTER informed the  committee that Mr. Somerville                                                               
is our point person in trying  to establish a joint commission on                                                               
navigable waters  and submerged  lands.   The resolution  of this                                                               
issue is  of great  significance for  the state.   Representative                                                               
Porter said,  "I assure you  that regardless or  Mr. Somerville's                                                               
opinion on any  particular point ... he's very  good at following                                                               
direction."   He pointed  to the  subsistence amendment  that the                                                               
House  passed  while  Mr.  Somerville   was  on  contract.    Mr.                                                               
Somerville's advice on the law in that area [was helpful].                                                                      
                                                                                                                                
REPRESENTATIVE JOULE  related his  belief that  [the legislature]                                                               
is going  to address [subsistence]  again.   He noted that  he is                                                               
thinking about upcoming opportunities.                                                                                          
                                                                                                                                
The committee took an at-ease from 3:17 p.m. to 3:18 p.m.                                                                       
                                                                                                                                
12.0                                                                                                                            
                                                                                                                                
CHAIR   KOTT  inquired   as  to   whether  Representative   Joule                                                               
maintained his objection.                                                                                                       
                                                                                                                                
REPRESENTATIVE JOULE  announced that although he  recognized that                                                               
he could maintain his objection, he would withdraw it.                                                                          
                                                                                                                                
Therefore, there being no objection, Mr. Somerville's amended                                                                   
contract was approved.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Rules Standing Committee meeting was adjourned at 3:20 p.m.                                                                     
                                                                                                                                

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