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