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