text:
03/30/2004 09:04 AM FIN
SENATE FINANCE COMMITTEE
SFC-04 # 62,  Side A
SFC 04 # 63,  Side A
SFC 04 # 63,  Side B
Co-Chair Gary Wilken convened  the meeting at approximately 9:04 AM.
Senator Gary  Wilken, Co-Chair
Co-Chair Lyda  Green, Co-Chair
Senator Con  Bunde, Vice Chair
Senator Fred Dyson
Senator Lyman Hoffman
Senator Donny Olson
Senator B. Stevens
Also  Attending:  SENATOR  JOHN  COWDERY,   SENATOR  RALPH  SEEKINS;
REPRESENTATIVE   JIM  HOLM;  CHERYL  FRESCA,  Director,   Office  of
Management  and   Budget,  Office  of  the  Governor;   RICK  URION,
Director,   Division  of  Occupational   Licensing,  Department   of
Community and Economic  Development; LUCKY SCHULTZ, Staff to Senator
Fred  Dyson;  CHERYL FRASCA,  Director,  Office  of  Management  and
Budget,  Office of  the Governor;  BRUCE TANGEMAN,  Fiscal  Analyst,
Legislative Finance Division
Attending   via  Teleconference:   From  Anchorage:  STEVE   ASHMAN,
Director, Division  of Senior and Disabilities Services,  Department
of Health  and Social  Services; FRANK  RICHARDS, State Maintenance
and Operations Engineer,  Statewide Maintenance Division, Department
of  Transportation  and  Public  Facilities;   DON  VALESKE,  Public
Employees Local  71; From Fairbanks:  DR. SCOTT LUPER, Naturopathic
Doctor;  From  Offnet   Sites:  EDEN  LARSEN,  President   and  CEO,
Associated  Builders and Contractors;  JEFF ALLING, Representative,
ALCAN   Builders   Incorporated;   BARRY  CHRISTENSEN,    Practicing
Community  Pharmacist  and  Legislative  Chair,  Alaska Pharmacists
HB 394-COMMISSION ON AGING
The Committee  heard from the sponsor, the Department  of Health and
Social Services, and reported the bill from Committee.
SB 40-CONSTRUCTION OF HIGHWAYS BY DOTPF
The  Committee   heard   from  the   sponsor,   the  Department   of
Transportation  and Public  Facilities, and  took public  testimony.
Two  amendments  were considered  with  one  being adopted  and  one
failing. The bill reported from Committee.
SB 306-NATUROPATHIC MEDICINE TASK FORCE
The Committee  heard from the sponsor,  the Department of  Commerce,
Community and  Economic Development, the medical and  pharmaceutical
industry. The bill was held in Committee.
SB 298-OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
The  Committee  heard  from  the  Sponsor.  The  bill  was  held  in
Committee.
SJR 3-CONST AM: APPROPRIATION/SPENDING LIMIT
The Committee  heard from the sponsor, the Office  of Management and
Budget, and the  Division of Legislative Finance.  The bill was held
in Committee.
Co-Chair  Wilken  introduced  Close  Up  Students  from  Aniak  High
School, North  Pole Middle School,  the Hoonah School District,  and
their accompanying teachers.
CS FOR HOUSE BILL NO. 394(HES)
"An Act extending the termination date of the Alaska
Commission on Aging and making technical revisions to
citations related to the commission."
This  was the first  hearing  for this  bill in  the Senate  Finance
Co-Chair  Wilken explained  that this legislation  would extend  the
Alaska  Commission  on Aging  until  June 30,  2008.  A Division  of
Legislative  Audit  report  [copy on  file]  dated October  1,  2003
supports the extension.
REPRESENTATIVE JIM HOLM,  the bill's sponsor, informed the Committee
that this bill  would extend the Alaska  Commission on Aging  beyond
its  termination   date.  This  Commission   functions  within   the
Department of  Health and Social Services and is charged  with broad
responsibilities  including  providing  assistance  to  seniors  and
informing  Alaskans  of  the  needs  of  this  older  community.  It
provides dignity  and independence  to seniors through programs  and
services  funded by  the Commission,  and  allows  more than  53,000
seniors to lead useful  and meaningful lives. He urged the Committee
to support the bill.
Co-Chair Wilken  announced that as per the Committee's  request, Pat
Davidson,  Legislative Auditor,  Legislative  Audit Division,  is in
attendance to respond to questions regarding the Audit.
Senator  Dyson  asked   the  Department's  reaction   to  the  Audit
STEVE  ASHMAN,  Director,   Division  of  Senior  and  Disabilities
Services, Department  of Health and  Social Services, testified  via
teleconference   from  Anchorage   and  stated  that  some   of  the
deficiencies   highlighted  in  the   Audit  pertaining   to  senior
employment services  and other components have either  been or would
be corrected.  The Division  was re-organized  within the past  year
and  that efforts  are  being undertaken  to  insure that  it is  in
compliance with State and federal program regulations.
Senator  Dyson,  noting  that  the  Legislature   could  extend  the
termination date beyond  the year 2008, asked whether this should be
a  consideration  as the  issues of  concern  are known,  are  being
addressed, and  the aging population of the State  would continue to
Representative  Holm agreed  that the Commission  is addressing  its
problems;  however, he stated  that due to  the fact that the  Audit
does reflect  that there are concerns,  extending the Commission  to
the year 2008 is appropriate  at this time. He stated that a longer-
term extension might be considered in the year 2008.
Co-Chair  Green, in  response to  Senator Dyson's  question,  stated
that it might  be possible in the future to consolidate  groups that
address aging  and senior care issues. Therefore,  she supported the
extension  date,  as proposed,  in  order to  allow  for merging  of
boards and commissions in the future, as deemed appropriate.
Co-Chair Green  offered a motion to  report the bill from  Committee
with individual recommendations and accompanying fiscal note.
There  being  no  objection,  CS  HB  394(HES)   was  REPORTED  from
Committee  with fiscal note  #2 in the amount  of $417,900  from the
Department of Health and Social Services.
SENATE BILL NO. 40
"An Act relating to construction of highways by the Department
of Transportation and Public Facilities."
This was  the second  hearing for  this bill in  the Senate  Finance
Co-Chair  Wilken explained  that this  bill would  limit the  use of
Force Account  Construction funds  to highway construction  projects
that  cost  less than  $250,000.  He  noted that  bill  version  23-
LS0381\A, which was initially  heard during the First Session of the
Twenty-Third Legislature, is before the Committee.
SENATOR  JOHN  COWDERY,  the bill's  sponsor,  explained  that  this
legislation  was introduced  in response  to  concerns from  private
construction  contractors  regarding the  fact that  a $2.4  million
highway  construction  project at  St. Mary's  in  Rural Alaska  was
conducted  by  the  State through  the  Force  Account  process  and
without  abiding  by the  State  Procurement  Code that  requires  a
competitive bid process be utilized.
Senator Cowdery stated  that the legislation was developed following
conversations  with contractors and discussions with  the Department
of Transportation  and Public  Facilities (DOT).  He noted  that DOT
was also  asked to develop  a Statewide  Delivery Order maintenance
contract that would require  a 24-hour call-out for a job. He stated
that  this  legislation  would  be in  the  State's  best  interest.
Contractors  throughout   the  State  support  the  $250,000   limit
specified for Force Account highway construction projects.
Senator  Dyson  asked   that  additional  information   be  provided
regarding past situations  of abuse of this issue. He also asked how
Governor Frank  Murkowski's Administration is addressing  the issue.
Senator Cowdery explained  that in the past, and particularly in the
notorious St.  Mary's project, the State circumvented  the system by
utilizing State  employees or hiring  construction crews  and paying
State employee  wages rather than  paying higher, contractor  Davis-
Bacon  wages.  He characterized  the  State's  behavior  in the  St.
Mary's project operation as being "very creative."
Senator Cowdery voiced  support for the $250,000 State Force Account
limit and  stated that  it an appropriate  level  as the purpose  of
such  an account  is to allow  the State  to respond  to  unforeseen
projects.  He stated  that this limit  would assure,  in a  workable
manner, that  DOT would operate using  the competitive bid  process.
Senator  Hoffman  asked whether  this  limit  is pertinent  only  to
general funds expenditures.
Senator  Cowdery  responded  that  it would  apply  to  any  project
exceeding  $250,000  regardless  of  whether  the funding  for  that
project was State or federal.
Senator  Olson asked  whether this  legislation  would specifically
apply to Department  of Transportation  and Public Facilities  (DOT)
highway construction projects.
Senator Cowdery responded  that the legislation could be expanded to
include all  State departments, as  the intent is to address  abuses
within the State procurement system process.
Senator  Olson asked  whether  this bill  could therefore  apply  to
other departments.
Senator  Cowdery  pointed  out that,  as  reflected, in  the  bill's
title, this legislation is specific to DOT.
Amendment #1:  This amendment deletes  language in Section  1, lines
eight through eleven, on page one that reads as follows.
"when  the estimated  cost of  a construction  project is  less
than $100,000 or when  it appears to be in the best interest of
the state  and the estimated cost of a construction  project is
$250,000   or  less,  the  department  may  perform   the  work
notwithstanding any other provisions of law.
In addition,  the following language  would be inserted on  page one
following line seven in Section 1.
the department  may perform the work notwithstanding  any other
provisions of law when
(1) the estimated cost of a construction project is less
than $100,000;
(2) the construction project is not connected by a land
road to the main road  system of the state and the commissioner
determines  that  [OR  WHEN}  it  appears  to be  in  the  best
interests of the state; or
(3) the construction project is connected by a land road
to the main  road system of the state, the estimated  cost of a
construction project  is $250,000 or less, and the commissioner
determines  that it appears to be in the best  interests of the
state[, THE DEPARTMENT  MAY PERFORM THE WORK NOTWITHSTANDING AN
Y OTHER PROVISIONS OF LAW].
New Test Underlined [DELETED TEXT BRACKETED]
Senator Olson moved Amendment #1.
Co-Chair Wilken objected  for clarification. He noted that Amendment
#1 is accompanied  by a sponsor statement  from Senator Olson  and a
copy of Administrative Order No. 199 [copies on file].
Senator Olson  stated that  this amendment  addresses the fact  that
the legislation,  as presented,  would require  all DOT public  road
projects  exceeding $250,000  to be subject  to the competitive  bid
process.  This  process  could limit  the  economic  feasibility  of
numerous  Rural construction  projects.  Therefore,  this  amendment
would  exempt Rural  road projects  that  are not  connected to  the
Alaska road system  from the competitive bid requirement.  Questions
regarding the  use of the competitive bid process  in these areas is
best answered  by language  in Administrative  Order No. 199,  which
addresses  construction  projects in  rural Alaska.  This Order  has
been in effect since October 2002.
Senator Olson  noted that  Administrative Order  No. 199 is  working
effectively and  was, when developed, supported by  a vast number of
people in  the construction  industry, including  State contracting
agencies,  the Associated  General  Contractors,  labor unions,  and
rural construction entities.
Senator  Olson stressed  that  $250,000  oftentimes  might not  even
provide  for the required  air transportation  and mobilization  and
demobilization   of   equipment   and  materials   relating   to   a
construction projects in Rural areas.
Senator  Dyson asked  whether  the  intent of  the amendment  is  to
provide local people an opportunity to work.
Senator  Olson   responded  that   is  correct.  He  cited   several
successful  "Force  Account"  projects,  including  the  St.  Mary's
project,  that were  completed below  budget, on  time, and with  no
worker's  compensation  claims.  Another  benefit  of  hiring  local
residents  and having local  expenditures,  including equipment,  is
that a community is able  to continue to utilize purchased equipment
to  maintain its  roads  and airports.  He  stressed  that were  the
$250,000 limitation  in place, construction projects  costs would be
driven  upward due  to equipment  transportation  and other  related
expenditures  rather than  being the  result of  labor expenses.  He
exampled  the 1998  Selawik  Boardwalk  Improvement  project as  one
whose  $75,000  labor  costs  were  minimal  when  compared  to  its
$310,000  cost  relating  to  equipment  transportation   and  other
associated  things. He referred the  Committee to the "DOT&PF  Force
Account  Report" [copy  on file] dated  February  12, 2003 that  was
provided by the sponsor  that depicts Force Account projects for the
years 1998 through 2002.
Senator  Olson  argued  that  the $250,000  limitation  would  be  a
logical approach  for a construction  project that could  be reached
via the  State's connected  road system;  however,  the fact  that a
project is  not on a road  system has significant  financial  impact
that, adhering to the competitive  bid policy, would not serve to be
in the best interest of the State.
Senator Hoffman, referencing  the aforementioned Force Account list,
stated that  projects such  as boardwalk projects  do not require  a
high level of skilled labor;  however, the costs associated with the
project mobilization  and the demobilization  expenses could  either
increase the costs  associated with the project or  serve to provide
"less  of a project."  In  addition, he  noted that  in addition  to
providing jobs to rural  residents, experiences indicate that when a
community is  involved in a project,  it becomes invested  in it and
subsequently  takes care of  it. Therefore,  he summarized  that the
benefit of Force Account  projects include getting a better product,
local  control  and  investiture,  and  dollars  being  spent  in  a
community  which   has  few  other  financial  opportunities.   "The
Amendment makes a lot of sense."
Senator  Cowdery  spoke  against  the  amendment,   particularly  in
regards to Davis  Bacon wages not being paid, the  State procurement
code being  circumvented,  and there being  questions regarding  the
liability of  using city rather than  private contractor  equipment.
Rural  contractors have  testified that  they have  been denied  the
opportunity  to   bid  on  rural  projects  because  Force   Account
operations were  conducted. He noted that local contractors  support
the development  of a DOT day-labor  Delivery Order Contract,  which
would specify a 24-hour  callout timeframe through which maintenance
projects could be conducted.  Development of this contract would not
be difficult  as DOT is quite  good of estimating  what a job  would
cost. This would assure  that the public is served at the best price
and  would  allow  local contractors  an  opportunity  to  bid  jobs
accordingly.
Senator Hoffman,  referencing the sponsor's position  that the Force
Account program  has been abused,  characterized that position  as a
"stretch" as the aforementioned  Force Account report indicates that
the jobs conducted  in this manner  between the years 1998  and 2002
amount  to  less  than  three  percent  of  the total  construction
projects of  the Department. Therefore,  he stated that legislation
that  would  prevent Rural  residents  from  working  these  limited
projects "is going a little bit too far."
Senator   Dyson  voiced   appreciation   for  the   intent  of   the
legislation;  however, he understood  that this amendment  would not
preclude  the use  of Davis  Bacon wages.  In addition,  the use  of
local qualified  applicants  and equipment  would be beneficial.  He
questioned how limiting  the price of a contract would prevent State
government from utilizing State employees.
Senator Cowdery explained  that the initial purpose for allowing use
of Force  Accounts  was to address  unforeseen  problems that  might
occur relating to a job  that was already under contract. The use of
Force Accounts  "was never intended"  to fund a job "from  scratch."
Co-Chair Wilken  asked that Committee discussion focus  on Amendment
Senator  Dyson  understood  that in  order  to  provide a  good  bid
package, such  things, as core samples are required.  Continuing, he
opined that the  development of a DOT Delivery Order  Contract would
be useful in  managing the many small  jobs that do not require  in-
depth investigation. Funding  of these jobs through the use of Force
Accounts would be more  cost efficient. The question is, what is the
threshold.  He agreed with Senator  Olson that were local  equipment
and labor available,  their use would be more economical.  Therefore
he  asked  the sponsor  whether  $250,000  is  the  right  threshold
limitation for Force Account work.
Senator  Cowdery   supported  the  $250,000  limit.   Originally,  a
$100,000  limit was entertained.  Continuing,  he noted that  DOT is
responsible  for  providing contractors  with  such  things as  soil
analysis because  jobs that go to bid should not be  misrepresented.
A job that has a soil problem could become very expensive.
Senator Dyson clarified  that rather than referring to jobs in which
a contract has been awarded,  he is referring to small jobs in which
it would  not be  cost effective  to prepare  a bid  package and  go
thought the competitive bid process.
Senator  Cowdery stated  that during  previous,  separate  Committee
discussions  with  local  contractors  in  Nome,  Bethel  and  other
communities,  testimony supported  a limit, as it would allow  local
contractors to participate in a competitive bid process.
Senator Dyson asked whether DOT could respond to his question.
Senator  Olson  stated  that  the  amendment   was  patterned  after
language  in  Administrative  Order  No.  199. The  purpose  of  the
amendment is to provide  an opportunity for local hire as opposed to
addressing Davis  Bacon wages. He referenced Order  language in this
regard on page two, section 3.(a) that reads as follows.
3.(a)   Grant  agreements   for  projects   first  funded   for
construction  after the date of this Order under  the following
state programs  shall include a requirement for  the payment of
prevailing  wages,  including  contributions  to  a pension  or
retirement  account,  equal to  the prevailing  wages under  AS
36.05,  as  modified  through   the  use  of the  progressive,
graduated  pay scale developed under (b) of this  paragraph, on
all public construction projects:
Senator  Olson stated  that the inclusion  of this  language  in the
Order was  the reason that  contractors and  labor unions  supported
it. This language does address wage concerns.
Senator Hoffman  noted that, based  on the Force Account  Report for
the years 1998  through 2002, less  than one half of one-percent  of
the jobs  depicted  are under the  $250,000  limit. Therefore,  were
this  amendment  not  adopted  it  would  "slam  the  door"  on  the
potential for local hire  in Rural Alaska, as, it could be said that
"basically  this bill"  would  not allow  the use  of Force  Account
projects  in rural Alaska  due to the high  cost of construction  in
those areas. He  reiterated that while there is a  lack of a skilled
workforce in  those areas, things  such as boardwalk projects  could
use local  hire and  therefore  benefit a community.  Therefore,  he
voiced support  for the amendment, which would preserve  "the status
quo"  of less  than  three-percent  of  available  DOT construction
projects and thereby provide  jobs and revenue to Rural areas. "This
is not asking too much."
Senator  B. Stevens  questioned  how  Administrative  Order No.  199
could relate to  Force Account projects conducted  in Rural areas in
1998 through  2002, as  it was not  enacted until  October 1,  2002;
specifically  that it is unknown whether  Davis Bacon wages  were or
were  not being  paid  during  that time.  He  also noted  that  the
legislation  would not prevent  DOT from  awarding three percent  or
more of its  projects to rural areas  regardless of whether  a Force
Account were utilized.
Co-Chair  Wilken  characterized  Senator  B. Stevens's  comments  as
pertaining  to the  bill in  general. Therefore,  he  stated that  a
further discussion  in this regard would continue  after discussions
relating to Amendment #1 are concluded.
Senator  Dyson  asked  whether  DOT  has  "a  policy  or  threshold"
regarding how  minor construction projects in Rural  Alaska would be
addressed "on a Force Account  basis, and if so," is utilizing Force
Account funding  more efficient than  utilizing the competitive  bid
FRANK  RICHARDS,   State   Maintenance  and   Operations   Engineer,
Statewide  Maintenance Division,  Department  of Transportation  and
Public Facilities,  testified via teleconference from  Anchorage and
responded  that  the funding  source  of  a project  is  one of  the
primary determining  factors in both Rural and urban  area projects.
Before  any work is  advanced, the  Department must  conduct  a cost
analysis to determine what  method of construction would be the most
cost effective.
Senator  Dyson  asked   whether  Amendment  #1  would   provide  the
Department, after  its cost analysis is conducted,  more flexibility
to address Rural construction projects.
Mr. Richards  responded  that the  $250,000 ceiling  denoted in  the
Amendment "would  still limit" the  Department's ability  to perform
work.  Another   issue  would  be  the  definition   of  what  would
constitute  a Rural  area. Were  this designation  applied to  Rural
roads that  are part of  the State's continuous  highway system,  it
would be "severely limit" the Departments work efforts.
Senator  Dyson understood  that the  amendment  would eliminate  the
$250,000  limitation  on  construction   jobs  in  Rural  areas  not
connected to the highway system.
Mr.  Richards  responded  that  were  the  amendment  to  allow  the
Commissioner to  remove constraints pertaining to  projects in Rural
areas that are not part  of a contiguous road system, the Department
would view it  as favorable. This would apply to villages  primarily
in Western  and Northwestern Alaska  as well as some communities  in
Southeast Alaska. However,  were it to apply to Rural places such as
Tok and  Northway  that are  on the  contiguous  highway system,  it
would be limiting.
Senator Dyson understood  therefore that the amendment would provide
the Department  more flexibility on projects that  are not connected
via the contiguous road system.
SFC 04 # 62, Side B 09:51 AM
[NOTE: Due  to a technical  malfunction, Side  B of Tape 62  did not
record; however,  the minutes continue, uninterrupted,  on Side A of
Tape 63.]
SFC 04 # 63, Side A 09:51 AM
Senator   Dyson  voiced   the  understanding,   however,  that   the
Department  is  uneasy  about the  lack  of a  definition  for  what
constitutes a Rural area."
Mr. Richards viewed Force  Accounts as being "a tool in the toolbox"
that  the   Department  could  use   to  support  its  maintenance,
construction   and  operation   responsibilities   to  the   State's
transportation system.
Mr. Richards  stated  that in response  to the  furor that  resulted
after the  Force Account  was utilized for  the St. Mary's  project,
the Department  worked with contractors and labor  unions to develop
Administrative  Order No.  199. As  a result, the  Order provided  a
framework through  which either the  Force Account or a competitive
bid process  would be utilized to  address Rural area projects  on a
fair basis.
Senator  Olson  pointed  out  that while  there  is  some  ambiguity
regarding  the definition  of Rural,  the Amendment  is specific  to
off-road system construction projects.
Senator  Hoffman  asked the  Department  for justification  for  its
analysis reflected  in fiscal note #1, dated February  18, 2003 that
specifies that  there would be "lost savings" exceeding  $25 million
were this legislation enacted.
In response  to a  question from  Co-Chair Wilken,  Senator  Hoffman
pointed  out that  the  answer to  this  question is  important,  as
adoption  of Amendment  #1 might  serve to continue  savings  rather
than negating them.
Mr. Richards  responded that the calculation  used to determine  the
$25 million potential  lost cost savings is based  on annual savings
of four  million dollars  for six years that  would result  were the
State to use Force  Account funding rather than conducting  projects
utilizing  the competitive  bid process,  based  on historical  cost
analyses.  He noted that most  of the money  that could be  saved is
federal money with a General Fund (GF) match.
Senator Hoffman  declared that he supports the amendment  because he
"would rather save money than blow it."
Senator  B. Stevens  asked,  for clarification,  the  amount of  the
total $505 million  surface transportation program  expenditures, as
specified  in the  2002 Force  Account  Report, that  were  directly
related  to  construction  projects.  He  stated  that  this  is  an
important element of the  equation, as, as depicted, the calculation
that only 2.23 percent  of the total $505 million was spent on Force
Account projects, could be misleading.
Mr. Richards  affirmed  that the  total amount  would include  other
Senator  B.  Stevens  stressed  therefore,  that  the  2.23  percent
depicted is on the low  side as were funding for Shakwak, the Marine
Highway  System, Trails and  Recreation Access  for Alaska  (TRAAK),
and other federal components  removed, the percentage of money spent
for Force Account Construction projects would increase.
Mr. Richards affirmed that  the $505 million amount is all-inclusive
in that  it does  contain such  things as Shakwak,  federal  highway
funding, and  other Community Transportation  Program (CTP)  funding
for surface  transportation  projects. He also  noted that  the 2002
projects  listed  on the  Force  Account  Report comprise  the  2.23
percent.  It  is  important  to note,  that  while  the  State  does
contract out for  the majority of the cost of materials,  equipment,
and supplies,  the  benefits  to the State  of using  Force  Account
funding  is garnered from  savings associated  with State  personnel
and equipment costs.
Senator B.  Stevens understood that  and commented that the  purpose
of  his comments  was  to  clarify  that the  percentages  of  Force
Account construction  projects is actually higher  than depicted. He
also  noted  that  CTP  projects   in the   year  2002  amounted  to
approximately  $340 million.  For  further clarification,  he  asked
whether  projects in Southeast  Alaska communities  such as  Juneau,
Ketchikan,  Sitka,  and other  communities  that are  served by  the
Alaska Marine  Highway System rather than a contiguous  surface road
system, would be included under the auspice of this Amendment.
Mr. Richards reiterated  that the question of what  would constitute
"Rural" must be addressed.
Senator B. Stevens asked  the Amendment's sponsor whether the intent
of the  Amendment would  be to  include in  its Rural, off-the-road
system designation, communities  in Southeast Alaska that are served
by the Alaska Marine Highway System.
Senator  Olson responded  that the  purpose of the  Amendment  is to
address the  high cost of transportation  construction in  Northwest
and Western Alaska. He  stated that he would either defer to or work
with the  bill's sponsor  to address questions  regarding  Southeast
Alaska communities.
Senator Hoffman  stated that the inclusion  of these communities  is
insignificant,  as, were their inclusion to equate,  for example, to
the 2002 CTP  program level of $340  million, their inclusion  might
increase Force Account expenditures "to a whopping 3.3 percent."
Senator B.  Stevens pointed out that,  "there is nothing  to prevent
those projects from being included under the normal process."
AT EASE 10:00 AM/ 10:00 AM
Senator Olson stated that  there is no adversarial intent behind the
offering  of this amendment.  Its purpose is  to recognize  that the
bill raises  some concern and to make  its impact more palatable  by
furthering language  that was supported in Administrative  Order No.
199. He  stated that the  Amendment would  compliment the intent  of
the bill, which is to provide consideration for contractors.
Senator  Cowdery suggested  that adoption  of  this amendment  could
lead to increased  levels of Force  Account exemptions for  projects
in Rural Alaska.
Senator Olson  asked whether any federal highway penalties  might be
incurred  were the  amendment  adopted. He  also  asked whether  the
adoption  of  the bill  in  its current  form  might  incur  federal
penalties.
Mr. Richards voiced being unaware of any penalties.
A roll call was taken on the motion.
IN FAVOR: Senator Dyson, Senator Olson, and Senator Hoffman
OPPOSED: Senator Bunde,  Senator B. Stevens, Co-Chair Green, and Co-
Chair Wilken
The motion FAILED (3-4)
Amendment #1 FAILED to be adopted.
DON VALESKE, Business Manager,  Public Employees Local 71, testified
via teleconference  from  Anchorage  and shared  that the  Committee
discussion and testimony  has clarified that this bill is limited to
construction   projects  rather   than  to   both  maintenance   and
construction projects which was his concern.
Senator Olson  asked whether Mr. Valeske  supports the legislation.
Mr. Valeske  commented that due to  the fact that the bill  does not
apply to maintenance  projects, he  does not have a position  on the
bill. However,  he noted that he is  supportive of local  hire as it
is beneficial  to local people and communities. He  noted that Local
71 members were involved in the St. Mary's project.
EDEN   LARSEN,   President   and  CEO,   Associated   Builders   and
Contractors,  testified via  teleconference from  an offnet  site in
support of the bill.
Co-Chair Wilken  noted that Members' bill packets  contain a written
comment [copy on file]  from the Associated Builders and Contractors
(ABC).
Senator Hoffman asked the reason behind their support.
Ms. Larsen responded  that ABC's "fundamental principle"  is that an
"open and competitive  bidding process  is the best methodology  for
State procurements." Limits  on what the State could conduct through
the use  of Force Accounts  and the continuance  of the established
procurement process are appropriate.
Senator Hoffman asked whether  ABC's position is mindful of the fact
that this  legislation  would serve  to lose the  State $25  million
dollars  in lost  savings over  the next  six year.  Continuing,  he
stressed  that no abuse of  the system has  been provided.  The fact
that Force  Account Construction projects  have cost the  State less
than three percent  of the total construction budget  and would save
the State  $25  million dollars  over the  next six  years makes  it
difficult  to understand why,  in these times  of a fiscal  dilemma,
anyone would support this legislation.
Ms.  Larsen  responded  that  testimony  has been  provided  to  ABC
regarding the  fact that many small construction businesses  in off-
road  system  communities  have gone  out  of  business due  to  the
increased  usage of  Force Account  Construction  projects over  the
last eight  years. The  cost to  these communities  of losing  these
businesses and  their year-round employment opportunities  should be
a  consideration   in  "the   true  costs."   She  noted  that   the
justification  for using Force Account Construction  funding is that
money would be saved by  not being required to pay prevailing wages.
The ABC's  position is  that there  is a reason  for an established
wage scale  and that  this should  be considered  when allowing  the
State to avoid the competitive bid process.
Senator Olson  asked the  number of people  in ABC who are  actively
involved in road construction.
Ms. Larsen  responded that  ABC has a minimum  of three contractors
who are actively involved in building roads and other roadwork.
Senator Olson  understood  Ms. Larsen to  say that some contractors
have  gone  out of  business  due  to  Force Account  Construction.
However,  he  countered  that  the  impetus  behind  the  number  of
contractors,  both in  rural Alaska  and on the  road system,  being
reduced is  that the number of State  road construction projects  in
the State have been diminishing.
Ms. Larsen noted that she  is "only passing along" comments that ABC
has received from Rural contractors.
Senator  Hoffman  and Senator  Olson  asked that  the  names of  the
businesses  that  have  gone out  of  business  in Rural  Alaska  be
provided.
Ms.  Larsen   stated  that  she  would   attempt  to  acquire   this
JEFF ALLING, Representative,  ALCAN Builders Incorporated, testified
via teleconference from an offnet site in support of the bill.
Co-Chair Wilken  asked whether the  sponsor would be opposed  to the
legislation being subject to a four-year termination period.
Senator Cowdery responded he would not object.
Conceptual Amendment  #2: This conceptual amendment  would establish
a termination date of June 30, 2008.
Co-Chair Wilken moved to adopt Conceptual Amendment #2.
There being no objection, Conceptual Amendment # 2 was adopted.
Senator Bunde  moved to report the bill, as amended,  from Committee
There being no objection,  CS SB 40(FIN) was REPORTED from Committee
with a zero  fiscal note, dated March  26, 2004 from the  Department
of Transportation and Public Facilities.
AT EASE 10:15 AM / 10:16 AM
SENATE BILL NO. 306
"An Act relating to the practice of naturopathic medicine; and
providing for an effective date."
Co-Chair  Wilken explained  that this  bill, which  is sponsored  by
Senator Ralph  Seekins, would enact an Act relating  to the practice
of naturopathic  medicine.  Initially,  consideration  was given  to
implementing  a Board  to oversee  naturopathic  medicine;  however,
that is not  now being considered.  The Department of Community  and
Economic Development was  asked to explain the Department's Division
of Occupational  Licensing  flow  chart, titled  "Implementation  of
CSSB306(FIN)" [copy on  file] that depicts how licensed Naturopathic
Physicians would be monitored.
RICK   URION,  Director,   Division   of   Occupational   Licensing,
Department  of Community  and Economic Development,  clarified  that
the  Governor Frank  Murkowski  Administration  has  no position  in
regards  to  this   legislation.  Were  the  Legislature   to  adopt
regulations  in regards  to Naturopathic  medicine,  the  Department
would  implement  supporting  rules and  regulations.  However,  the
Department has  been regulating this profession and  numerous others
without assistance  from a Board, for approximately  seventeen years
and could continue to do so absent any new legislation.
Co-Chair Wilken asked the  current process through which a complaint
against a Naturopath might be reviewed.
Mr. Urion responded that  the Department's investigative staff would
address the  complaint, and, were  it deemed necessary, it  might be
forwarded to a hearing  officer. A multitude of different processes,
including  such  things  as  memorandums  of  agreement,  have  been
established  through  which  issues regarding  each  profession  are
addressed.
Co-Chair  Wilken  asked  whether  the flow  chart  provided  by  the
Department  [copy  on  file]  would  depict  the  process  involving
naturopaths.
Mr. Urion affirmed.
Co-Chair Wilken asked that the flow chart be explained.
Mr. Urion explained  that currently  when a complaint is  filed, the
Division's  investigative staff who,  based on a priority  list that
heavily ranks  Life/Safety issues,  would determine whether  charges
should be filed addresses  it. Were that the case, a hearing officer
would be  assigned,  a trial might  ensue, and  the hearing  officer
would  render a decision  including  the level  of punishment.  This
could include such things  as license removal, suspension and fines.
Were the defendant  to reject the  decision of the hearing  officer,
they have the right to appeal to a higher court.
Mr. Urion shared  that in situations in which there  is a Board, the
Board would have the authority to act on the complaint.
Co-Chair Wilken  asked whether the  Department, in conjunction  with
Naturopaths, developed the chart.
Mr. Urion concurred.
Co-Chair  Wilken  asked whether  the  Division's  investigators  are
trained professionals.
Mr. Urion responded that  while none of the Division's investigators
are trained  in any of  the fields that  they investigate,  they are
trained investigators.  He noted however, that they  do consult with
the appropriate  medical professional  pertinent to each  situation.
He noted that  the Medical Board recently  adopted a procedure  that
specifies that complaints  dealing with such things as sexual abuse,
alcohol, or drug  misuse be immediately forwarded  to the Division's
investigators.  However, determinations regarding  standards of care
complaints  are determined  by the Board and  then forwarded  to the
investigators, who could  independently make a determination if they
so chose.
Co-Chair  Wilken asked  for confirmation  that this  is the  current
practice relating to Medical Board.
Co-Chair Wilken  opined therefore that a procedure  akin to a triage
occurs at the investigative  level in that the investigator consults
with  a medical  professional.  The  investigator  would  receive  a
complaint from  a patient, and then the triage would  occur in which
it would be  determined whether the  complaint is serious  enough to
advance immediately to a hearing officer.
Mr. Urion clarified  that in serious  cases, the state investigator
would  have the  authority  to make  the determination.   Complaints
regarding standards  of care might  require an investigative  review
that might include a medical professional.
Co-Chair Wilken  understood that an  investigator would be  expected
to consult with the appropriate medical professional.
Mr. Urion  agreed.  He stated  that this  is the  current  procedure
utilized when reviewing complaints against naturopaths.
SENATOR RALPH  SEEKINS, the bill's  sponsor, noted that language  on
the bottom of the flow chart specifies that in the case of non-
threatening  public safety issue or  a Standards of Care  complaint,
investigators could consult  with the Qualified Trade Association of
Naturopathic Physicians  (NP/QTA), which would consist of volunteers
from the field.
Co-Chair  Wilken asked  whether this  organization  exists today  or
would be established by this legislation.
Senator  Seekins responded  that while  this  organization does  not
currently  exist, its establishment  would  be clearly defined  in a
forthcoming committee substitute.
Mr.  Urion declared  that  this would  be  an opportunity  in  which
government  and private enterprise  could work together to  regulate
an industry.  No professional entity  would benefit from  "condoning
bad behavior" within its profession.
Co-Chair Wilken summarized  that the complaint process would be that
a wronged patient  would go to the State, It would  then be directed
to an investigator.  The investigator could consult  with the three-
member NP/QTA panel.
Senator  Olson questioned  "the wisdom" of  allowing naturopaths  to
have  their  own  board,  as  currently   the  process  provides  an
investigator   the  ability  to  consult   with  professionals.   In
addition,  he asked  whether  there could  be the  option of  having
naturopathic complaints heard by the eight-member Medical Board.
Mr. Urion  voiced  concern to the  appropriateness  of having  these
complaints  heard  before  the Medical  Board  due to  the  negative
comments  the  medical field  has  made in  regard  to naturopaths.
Continuing, he noted that  at this point, the Division could monitor
the Naturopathic profession without implementation of a Board.
Senator Bunde  countered that  currently the  Board of Medicine  has
oversight  over  a  wide  range  of medical  professions   including
Physician Assistants  (PAs), Nurse  Practitioners (NPs),  Registered
Nurses  (RNs),  Oseopathics,  dentists,  and paramedics.  All  these
professions are included  under the term "physician" and, since this
bill would  expand that  term to  include Naturopaths,  it would  be
logical that they be included  in those professions monitored by the
Board.
Senator Seekins responded  that he would not object to the inclusion
of a naturopath  on the Medical Board, were it suggested.  Inclusion
of a  naturopath  on the  Board would  provide some  insight to  the
Board regarding  Standards of Care for the profession.  However, due
to  the  fact  that  naturopathic  medicine  presents  competition,
naturopaths "have a fear  that there may be some objection "from the
more recognized medical professions.
Co-Chair Wilken recalled  that, until a few years ago when they were
granted voting rights,  Physician Assistants were ex officio members
of  the  Medical  Board.  Perhaps  this  might  be  an  option  with
Senator  Olson   clarified  earlier   information  regarding   which
professions the State Medical  Boards oversees. While it does govern
paramedics, physicians,  and physician assistants,  it does not have
direct  regulatory oversight  in regards  to  dentists, nurses,  and
nurse practitioners.
Senator Olson also noted  that when he, a medical doctor, was on the
State Medical  Board, its seven-person membership  consisted of five
physicians  and  two  lay  people.  He  subsequently  supported  the
representation of a PA  on the Board due to their increasing numbers
in the State.  He noted that the number of naturopaths  in the State
is limited.
Co-Chair  Wilken noted that  there are currently  27 Naturopaths  in
the State.
Senator  Seekins   countered  that   any  board  that  regulates   a
profession should have,  as part of its membership, a representative
of each  profession in order  to negate such  things as "hostility"
against that profession.
Co-Chair Wilken  asked for confirmation that PAs were,  at one time,
ex officio members of the Board.
Senator Olson  specified that PAs  were diligent in attending  every
meeting even  before they had representation  on the Board.  In that
regard, once  they were admitted  to the  Board, they became  voting
members. He agreed  with Senator Seekins that representation  at the
Board level is important.
Co-Chair Wilken pointed  out that the definition of minor surgery is
included in the  bill in Section 13, subsection (6),  page six, line
19 and reads as follows.
(6) "minor surgery"
(A) means the use of
(i) operative, electrical, or other methods for
surgical repair and  care incidental to superficial lacerations
and  abrasions  or  superficial  lesions,  and the  removal  of
foreign bodies located in superficial tissues; and
(ii) antiseptics and local anesthetics in connection
with  methods  authorized   under  (i)  of this  subparagraph;
definition;
(B) does not include use of general or spinal
anesthetics,  major surgery,  surgery of the body cavities,  or
specialized   surgery,   such  as  plastic   surgery,   surgery
involving  the eyes, or surgery  involving tendons,  ligaments,
nerves, or blood vessels.
Co-Chair  Wilken   asked  Senator  Olson  to  address   his  concern
regarding allowing naturopaths to conduct "further tests."
Senator Olson voiced the  understanding that one of the reasons that
naturopaths are  requesting prescriptive authority  is because their
position is that they have  similar education and training levels to
that  of  medical  doctors.  However,  while  many  of  the  initial
educational  courses were  the same, there  was a "divergence  later
on" as the  foundation of the naturopathic  delivery system  was one
of being "basically drug free."
Senator Olson  voiced that,  with the care  of the patient  in mind,
there is  concern that in  the continuance  of their care,  limiting
prescriptive  treatment to medical  doctors would be appropriate  to
the balance. He noted that  there has been an abiding identification
within  the  medical  profession  that  medical  doctors   prescribe
medication.  In order  to  expand rather  than  restrict  naturopath
prescriptive  authority,  it  could be  suggested  that naturopaths
should be required  to qualify for  Part One, Two, and Three  of the
National  Medical Board examination  rather  than being required  to
pass only Parts  One and Two. Part  Three is the section  that tests
prescriptive knowledge.  Therefore, their ability  to pass all three
sections of the  examination would indicate that their  training was
comparable to that of a  medical doctor and would allow them to have
prescriptive authority.
Senator Seekins,  being respectful of Senator Olson,  clarified that
rather   than  seeking  to   be  recognized   as  medical   doctors,
naturopaths  are seeking to have prescriptive  rights that  are less
than a  PA and  NP. This  was clarified  in Amendment  #1 which  the
Committee  during its  first  hearing on  the bill.  That  amendment
inserted  a  new  subsection   into  Section  11,  subsection   Sec.
08.45.120 on page five, line 16 that reads as follows.
(4) after becoming registered with the federal Drug
Enforcement Administration, prescribe only those controlled
substances allowed under Schedules III, IV, and V.
Senator  Olson clarified  that  a PA  could only  practice  medicine
under a collaborative  agreement and  direct oversight by  a medical
doctor (MD). Were  something to go wrong, the MD would  also be held
liable.
Senator Bunde  asked how an NP's training would differ  from that of
a PA in this regard.
Senator Olson stated that  while he is familiar with PA requirements
and the associated  prescriptive limitations, he is  unfamiliar with
the requirements for a NP.
Senator Seekins shared  that he is familiar with the NP requirements
as his wife is a nurse and a close friend is a NP.
Senator  Seekins  noted  therefore,  that NPs  could  prescribe  all
levels of prescriptive  medications  as they have a higher  level of
training   than  PAs.   "It  would   be  inconceivable"   that   any
practitioner … would not  seek assistance from other caregivers when
encountering serious situations.
Co-Chair  Wilken noted  that concerns  have been  raised due  to the
understanding that Naturopathic  Doctors (ND) would not have medical
malpractice insurance.  He referred the Committee to Item #3 on page
two of  a letter [copy  on file]  dated February  24, 2004 from  Dr.
Scott Luper,  ND that Co-Chair  Wilken had  received in response  to
comments in a letter [copy  on file] dated February 9, 2004 that Co-
Chair Wilken  had received  from Tom Wilson,  PA-C. The comment  and
response, as written in Dr. Luper's letter are as follow.
#3.  The  bill is  too  broad. Currently  one  could  prescribe
antibiotics  to dangerous heart  medications, to chemotherapy.
Allopathic  M.D.  would most  likely not  prescribe  medication
outside of  their specialty, as it would be considered  outside
of the  "standard of care". If  a bill were passed a  formulary
would be much more acceptable and safe.
3). Response:  Mr. Wilson suggests that an ND  might be tempted
to prescribe  outside of their  training/education and  that an
MD "would  most likely not" prescribe inappropriately.  This is
not  realistic.  A good  "DOC" is  a good  "DOC".  NDs will  be
liable for malpractice  on par with MD's and under the auspices
of the Div. of Occupational Licensing.
DR. SCOTT LUPER,  Naturopathic Doctor, testified via  teleconference
from  Fairbanks   and  clarified  that  NDs  are  able   to  acquire
malpractice  insurance  and that ND  malpractice  insurance is  less
costly  that MD  malpractice  insurance  due to  the  fact that  the
complaints  against them are  fewer. He stated  that, while  he pays
$3,000 a year,  the majority of his  ND colleagues pay between  $600
and $2,000 annually.
Co-Chair  Wilken surmised  that NDs carry  malpractice insurance  in
line with their standards of care.
Dr.  Luper  affirmed.   He  noted  that  the  standard   ND  medical
malpractice   coverage  would  provide   one  million  dollars   per
occurrence and three million dollars total.
Senator  Bunde surmised  that  MDs pay  higher  medical malpractice
insurance due to the fact  that they write prescriptions and perform
surgeries. Therefore, he  opined that ND's rates might increase were
this legislation adopted.
Dr. Luper responded that  this has been investigated and it has been
determined that the rates  would not increase. He further noted that
the  Alaskan ND  rates  are comparable  to  those being  charged  in
states that  provide NDs prescriptive  and minor surgery  authority.
Dr.  Luper  disclosed that  in  order  to address  the  question  of
safety, he  had conducted  a survey of states  that license  NDs. He
had  acquired the  number  of ND disciplinary  actions  in  Arizona,
Oregon, Hawaii  and Connecticut. ND  disciplinary actions  including
such things as  license suspensions and other punishing  actions are
approximately  half of  the amount  pertaining to  allopathic  or MD
disciplinary  actions. In  Arizona, for  instance, the disciplinary
rate for MDs is about one  percent of those licensed, and about half
a percent for  NDs. Nationwide the  rate for NDs is .34 percent.  No
disciplinary  action has occurred  against NDs in Alaska  during the
seventeen years in which  they have been licensed in the State. This
is a reason why the rates  are low and is a testament to the quality
and care provided by the  profession. He clarified that there are 39
licensed NDs in the State.
BARRY CHRISTENSEN,  Practicing Community Pharmacist  and Legislative
Chair, Alaska Pharmacists  Association, testified via teleconference
from an offnet site to  voice concern on behalf of the Association's
200 plus  members  in regards to  the prescriptive  authority  being
proposed in the  bill for NDs. He informed the Committee  that while
he heard reference  to Amendment #1, he is unaware  of its contents.
Co-Chair  Wilken informed  the testifier that  Amendment #1  removed
the  requirement  regarding  Prescriptive  Schedules  I and  II  and
retained Schedules  III, IV, and V  in the authority being  proposed
for NDs.
Mr.  Christensen  addressed  the  position  that  NDs  education  is
"equivalent  or  nearly  equivalent"  to  that  of  an  MD  because,
similarly,  they also have  a four-year degree.  "While this  may be
true in  an academic  sense, our  membership has  had little  if any
interaction with  naturopaths during our professional  training" but
have  had extensive  training  with  PAs,  NPs,  and MDs  "and  have
developed  good  working   professional  relationships   with  these
professionals.  This  relationship is  very important  when  working
with  patients   and  recognizing   "problems   with  dosing,   drug
interactions and drug abuse."  He questioned the fact that while the
definition  of naturopathy  that is  included in  the bill does  not
include  medicine,   the  bill  would   provide  full  prescriptive
authority  to  NDs.  He  noted  that  most   states  that  allow  ND
prescribing  provide  NDs with  limited prescriptive  authority.  He
stated  that  pharmacists  would   be more  comfortable   with  this
legislation  were NDs required  to work  collaboratively with  other
licensed  prescriptors.  Lastly,  he raised  concern  regarding  the
prescriptive authority  of controlled substances,  or narcotics, and
stated that  control of such substances  should be closely  guarded.
Absent  a presciptor-based   narcotic tracking  system,  this  issue
would continue  to be "the  number one" concern  of pharmacists.  He
assured  that while there  is no  reason to believe  that NDs  would
abuse this prescriptive  authority, increasing their availability by
expanding   the  number  of  prescriptors   would  provide   another
potential avenue for narcotic abusing patients.
Mr.  Christensen stated  that  while the  amendment  would limit  ND
prescriptive  authority  to  Schedule  III,  IV,  and V  drugs,  the
majority  of  narcotic  drugs  are  included  in  those categories.
Therefore, the Membership would continue to voice concerns.
Senator Olson  asked, for clarification, the Association's  position
on Amendment #1.
Mr. Christensen  responded that a  majority of the Membership  would
continue  to  have  problems  primarily  due  to  the  inclusion  of
Schedule III, which encompasses  narcotic painkillers. He noted that
since he was unaware of  the amendment prior to this, the membership
has not been conferred with in its regard.
Senator Olson  asked the percent of patients who might  be receiving
prescriptive  relief  from  either  Schedule  II  through V  or  III
through V.
Mr. Christensen responded  that the majority of people who take pain
relievers are utilizing  Schedule III drugs, as it is the outpatient
pain drug  of choice.  A written  prescription is  not required  for
Schedule  III drugs  whereas  one is required  for  Class II  drugs.
Therefore,   he  estimated   that   approximately   70  percent   of
individuals  who  are taking  painkillers  are taking  Schedule  III
drugs. Schedule  IV drugs  are anti-anxiety  rather than  painkiller
types of drugs.
Senator Bunde voiced that  it would be an inconvenience were someone
to seek  naturopathic  care and  then discover  that  they would  be
required to go  to another medical professional were  a prescription
drug required  to treat,  for instance,  high blood  pressure  or an
antibiotic  such as penicillin. He  asked what which schedule  these
types of prescriptions are included.
Mr. Christensen  responded  that antibiotics  are  "not a  scheduled
narcotic" and  therefore are not regulated  by the Drug Enforcement
Administration.  They are  instead classified  as a prescription  by
the  Food  and  Drug  Administration   (FDA)  and  would  require  a
prescription.  A narcotic-based  pain  reliever such  as Tylenol  #3
would be a Schedule III drug.
Senator  Olson clarified  that the  drugs included  in "Schedules  I
through V are  those that are directly related to  the potential for
abuse by either  a patient or a patient prescriptor."  An antibiotic
would not fall in this category.
Senator Seekins understood  that as part of a pharmacist's training,
they are taught how to recognize signs of abuse or mistakes.
Mr. Christensen affirmed.
Senator Seekins understood  therefore that "even now" in the medical
profession, abuse does occur.
Mr. Christensen agreed.
Co-Chair Wilken  stated that the bill would be HELD  in Committee in
order  to  develop   a  committee  substitute  that  would   include
Amendment  #1 and clarify  language regarding  the voluntary  review
CS FOR SENATE BILL NO. 298(TRA)
"An Act relating to the use of off-road vehicles within five
miles of the right-of-way of the James Dalton Highway."
SENATOR  RALPH  SEEKINS,  the  bill's  sponsor,   stated  that  this
legislation  would  serve to  address  concerns regarding  a  letter
[copy  on file],  date  stamped January  20,  2004 from  the  United
States  Department  of  the Interior's  Bureau  of  Land  Management
received  by trappers  who operate  trap  lines north  of the  Yukon
river bridge.
Co-Chair Wilken stated  that this legislation would allow the use of
off-road  vehicles  within five  miles of  the right-of-way  of  the
James Dalton Highway south of Mile 235.
Senator  Seekins  declared  that, unless  State  law is  changed  to
accommodate the use of  motorized vehicles in this area, individuals
would have a May 1, 2004  deadline to change to non-motorized access
of the area.  Use of the  area by trappers  and others on  motorized
vehicles  should not be eliminated  "due to  a quirk in State  law."
Addressing  this  issue in  a  manner that  would  allow  continuing
access  to the  area on motorized  vehicles  is the  intent of  this
legislation.  He  stated  that  he has  discussed  this  issue  with
trappers, the Alyeska Pipeline  Authority, and other affected users.
In order to address the  variety of questions that have been raised,
he asked  that the bill  be referred to  a subcommittee, chaired  by
Senator Olson.
Co-Chair  Wilken  stated   that  SB  298  would  be  assigned  to  a
subcommittee.
Senator Bunde  stated that there has been a history  of over zealous
Alaska  State   Trooper  enforcement   in  the  affected   area.  He
encouraged  the  subcommittee  to investigate  the  opportunity  for
people to use existing  mining trails and roads in the area, outside
of the Alaska  pipeline corridor.  He noted that there are  numerous
differences  of  opinions  regarding  the legality  of  using  these
roads.
Senator Olson  stated that it is troubling that there  is an agency,
and  in  this  case  a  federal  agency,  that  is  working  against
traditional users and is  threatening to burn down cabins that often
provide shelter  and have saved lives  of hikers, downed  pilots and
others  in need  of protection  against  the elements  of nature  in
remote areas of the State.
Co-Chair Wilken appointed Senator Olson chair of subcommittee.
Co-Chair Wilken ordered the bill HELD in Committee.
CS FOR SENATE JOINT RESOLUTION NO. 3(JUD)
Proposing an amendment to the Constitution of the State of
Alaska relating to an appropriation limit and a spending
limit.
This  was the sixth  hearing  for this  bill in  the Senate  Finance
Senator  Dyson informed  the Committee  that  the appropriation  and
spending limit  formula that has been  developed was based  on State
budgets  that  had   been  adopted  for  the  past  several   years.
Unfortunately,  due to the fact that  these budgets were  relatively
flat,  when the  formula was  applied,  the unintended  result  is a
flatter budget  than is practical  for State operations.  The Office
of Management and Budget would further explain this situation.
Co-Chair  Wilken clarified  that the working  document is  committee
substitute Version 23-LS0296\B,  as amended by Amendments #1 and #4.
Following  action on some  forthcoming amendments,  a new  committee
substitute would be developed.
CHERYL  FRASCA, Director,  Office  of Management  and Budget  (OMB),
Office  of  the Governor,  informed  the  Committee  that  with  the
assistance  of  the   Division  of  Legislative  Finance,   OMB  has
developed  a spreadsheet  titled  "CS  SJR 3"  [copy  on file]  that
depicts the outcome of the currently drafted formula.
BRUCE  TANGEMAN,  Fiscal   Analyst,  Legislative  Finance   Division
pointed out that the formula  results are depicted beginning on line
"9" which is titled "Avg Growth (existing base yrs)".
Ms. Frasca expressed that  the information specifies that for fiscal
years 2007,  2008, and  2009 there  would be zero  annual growth,  a
slight increase in FY 10  and then marginal growth in the subsequent
years.  She noted  that while  the State  has been  able to  control
expenses  for  such things  as  Medicaid  in the  near  term, it  is
unlikely that  this would be possible  in future years. A  realistic
growth level for  Medicaid and K-12 spending in the  future would be
approximately $100 million.
Co-Chair  Wilken  understood   therefore  that  the  aforementioned
section  of  the  chart  depicts  the  outcome  of  the  formula  as
currently drafted,  using an annual inflation rate  of three percent
and a one percent population  growth rate. In FY 06, the State would
be projected  to experience  an  additional general  fund growth  of
$428 million dollars with no further gain until FY 10.
LUCKY  SCHULTZ, Staff  to Senator  Dyson, affirmed  that is  correct
with the exception  being that the $428 million would  reflect total
appropriations  minus  exemptions  rather  than  being specifically
general funds.
Mr. Shultz stated that  the reason the annual growth is reflected as
zero  in several  of  the fiscal  years  is  that this  Senate  bill
contains  "a no ratchet down  provision." The  House version  of the
bill does not include this provision.
Ms.  Frasca   stated  that  the  Administration   is  offering   for
consideration  the formula beginning  on line 23 of the spreadsheet
titled "2 yr  growth (adjusted base  yrs)". This formula  reflects a
$56 million increase  in total appropriation growth  in FY 06 and an
average of approximately $105 million going forward.
Co-Chair Wilken  noted that the spreadsheet  depicts four  different
Ms. Frasca  stated  that in  addition to  the four  scenarios  being
depicted  in a line item  format section,  there is a corresponding
chart format at the bottom of the spreadsheet.
Senator  Hoffman understood  that  the Public  Employees  Retirement
System/Teachers  Retirement  System (PERS/TRS)  obligation would  be
approximately  $56 million  in  FY 06.  In that  case, the  proposed
formula would  reflect flat growth.  Therefore, a detailed  analysis
of the PERS/TRS obligation  projections should be developed in order
for the  Committee  to understand  its impact.  Particularly as  the
number of retiring  State employees  is expected to increase  in the
next few years.
Ms. Frasca stated  that the numbers presented on the  chart "are not
the result  of an analysis of what  spending could be … in  terms of
spending  pressures."   For  example,  in  the  FY  05  budget,  the
Administration   covered  the  increase  in  PERS/TRS   expenses  by
absorbing   the  expenses   through  reductions   in  other   areas.
Acknowledging  that a formula  would specify  a spending limit,  she
stated  that the  budget would  continue  to be  under pressure  and
choices would  be required. This bill  is not intended to  allow for
uncontrolled  spending,  but  rather  would  require  the  State  to
examine  how  its money  would  be  spent. There  would  "always  be
competing  wants and competing  needs. This  would be the  challenge
going forward."
Co-Chair  Wilken understood  that  the PERS  expectation  for FY  06
would be approximately $100 million.
Ms. Frasca responded that  that would be the amount including school
district  and local government  expenses,  in addition to  Executive
branch expenses. She agreed  that these costs would continue through
the next five years unless  the State's financial market investments
were to rebound.
Co-Chair Wilken  informed that a detailed  PERS/TRS presentation  is
scheduled for April 6, 2004.
Senator Dyson stated that  in order to arrive at a workable formula,
"fiddling"  with the base  numbers has had  to occur. He asked  that
Ms. Frasca  explain  the changes  that have  been made  to the  base
Ms Frasca pointed  out that part of the challenge  includes the fact
that the total  spending for FY 04  has not yet been concluded,  and
that  the budget  for  FY  05 has  not  been  finalized.  Therefore,
"crafting  a limit  for going forward"  by utilizing  the  look-back
mechanism is difficult.
Senator  Dyson  voiced  that it  might  be that  "the  fiddled  with
numbers" would not be far from reality.
Mr. Tangeman declared  that the numbers, as depicted  in the current
formula,  beginning  on line  nine of  the spreadsheet  titled  "Avg
Growth  (existing  base  years),"  are  not  too far  from  what  is
expected. FY  06 calculations are  based on FY 02, FY 03,  and FY 04
appropriations   which  each  reflect  $100  million  appropriation
reductions.  Therefore the first year  is based on years  of reduced
appropriations.  "Plugging  set numbers  for  FY 04 and  FY 05"  was
conducted  "in  order  to  alleviate  the  question  of  what  might
actually  happen  at  the  end of  this  Session  to  allow  uniform
growth." Therefore,  the inclusion of $100 million  in appropriation
growth for  FY 04 and FY 05 would  probably be close to where  those
budgets would  "end up." This would  provide a better idea  of where
FY 06  would actually  be. The PERS/TRS  obligations  for FY  04 are
approximately  $3.1 billion, and the  FY 05 budget submitted  by the
Governor  calculates  that  $2.9 billion  would  be  required.  This
reflects a substantial  decrease. Were an amendment  specifying that
the PERS/TRS  appropriation  for  FY 04 and  FY 05  be between  $3.3
billion  and  $3.4  billion  adopted,  it  would  allow  "plenty  of
headroom  for  the PERS/TRS  issue  going  forward" as  the  current
projection  for  FY  05  is  $2.9  billion.  This  would  allow  for
increased growth going forward.
Co-Chair  Wilken stated that  were a forthcoming  amendment  adopted
that  would   repeal  this  legislation   in  four  years,   perhaps
consideration  could be given  to setting  aside the PERS/TRS  issue
for a few years.
Senator  Bunde   pointed  out  that  even  were  a  spending   limit
established, the entirety  of that money would not be required to be
appropriated.  However,  he noted  that the Legislature  "has  never
left  a dollar  on the table,"  as such  things  as public  pressure
would be ever-present.  Therefore, he contended that the upper limit
"would also be the base."
Co-Chair Wilken acknowledged the remark.
Senator Hoffman disagreed.  He stated that the State currently has a
spending  limit that  is substantially  higher  than  what is  being
appropriated today.
Co-Chair  Wilken pointed out  that the State  currently has  "a huge
deficit and a slush fund that allows us to do that."
Senator B.  Stevens declared  that were the  PERS/TRS obligation  to
increase  to a  level exceeding  the  limit, the  Legislature  could
recognize it  as an "extraordinary  circumstance" and address  it in
such a manner "as the situation,  which created it, occurred outside
the realm of the  control of the Administration or  the Legislature,
or control of anybody for  that matter." Therefore, he asked whether
the PERS/TRS  situation  might qualify  under the  parameters  of an
extraordinary circumstance definition.
Mr. Schultz responded that  this question had been asked previously,
and that  upon investigation,  it was discovered  that the  State of
Connecticut    specifically    does   not    define   extraordinary
circumstances  as they desired the  interpretation to be  left up to
the Governor and the Legislature.  An extraordinary circumstance has
not been invoked in that  State since this directive was established
Co-Chair  Wilken  stated  that  further  discussion   regarding  the
extraordinary circumstance issue must ensue.
Senator  Dyson asked for  further Committee  feedback regarding  the
appropriateness  of placing  a Statewide ballot  measure before  the
people that  would be "based on numbers  that have been adjusted  in
order to make  the formula work." While the argument  is compelling,
the formula  must  work and  be practical  into  the future  without
being less  credible. Provided  no objection  to this approach  were
forthcoming,  a new  committee substitute  would  be developed  that
would encompasses  the Administration's  proposal.  In addition,  he
noted his intention  to specify a four-year termination  date in the
legislation.  However, he noted  that at the  end of this  four-year
period, there  would be two alternatives:  the first being  that the
"ineffective spending"  limit that is currently in  the Constitution
would be  re-instituted  along with the  Constitutional requirement
that  specifies that  one-third  of the  budget be  appropriated  to
support  capital  projects  or that  those  two components  and  the
formula  terminate   in  four  years.  The  second   choice  is  his
preference.
Co-Chair  Wilken suggested  that the Committee  consider  additional
amendments and then develop a committee substitute.
Senator Bunde,  responding to Senator Dyson's request  for Committee
feedback,  stated that  he would prefer  a system  based on  reality
rather than theory.  He would also support abolishment  of all three
components at the end of four years.
The bill was HELD in Committee for further consideration.
Co-Chair Gary Wilken adjourned the meeting at 11:27 AM


text:
(-) Nuclear Security Matters--Global Governance of Nuclear Security (41)
(-) Economics & Global Affairs--China's Economy (33)
(-) Science & Technology--Biosafety (9)
Broadcast Appearance (3)
(AP Photo/Ng Han Guan)
China and Russia: A Strategic Alliance in the Making
Read more about China and Russia: A Strategic Alliance in the Making
THE YEAR before he died in 2017, one of America's leading twentieth-century strategic thinkers, Zbigniew Brzezinski, sounded an alarm. In analyzing threats to American security, "the most dangerous scenario," he warned, would be "a grand coalition of China and Russia…united not by ideology but by complementary grievances." This coalition "would be reminiscent in scale and scope of the challenge once posed by the Sino-Soviet bloc, though this time China would likely be the leader and Russia the follower."
(AP Photo/Evan Vucci)
Analysis & Opinions - Aljazeera
Closing the Deal: The US, Iran, and the JCPOA
Read more about Closing the Deal: The US, Iran, and the JCPOA
The US withdrawal from the JCPOA has laid bare the strategic contradictions inherent in this approach. The United States has abrogated its leadership position on global nuclear non-proliferation while demanding trust and support from allies. It has also reopened the prospect of Iranian nuclear armament while forfeiting the moral and institutional ammunition the US would need to clinch a better deal.
Analysis & Opinions - MSNBC
Can Pompeo, Mattis impact Bolton's role?
Read more about Can Pompeo, Mattis impact Bolton's role?
Fmr. Amb. Nicholas Burns joins Morning Joe to discuss the naming of John Bolton as the new national security adviser. Sen. Ed Markey, D-Mass., also joins the conversation.
Sharon Wilke/Belfer Center
Analysis & Opinions - Future of Diplomacy Project
India: Quiet confidence in deterrence
Read more about India: Quiet confidence in deterrence
Air Vice Marshall (Ret.) of the Indian Air Force and Fellow at Harvard's Asia Institute, Dr. Arjun Subramaniam spoke at the Future of Diplomacy Project with its Faculty Director, Nicholas Burns about the intricacies of the India-China relationship.
NATO and Russia: An Uneasy Relationship
Douglas Lute
Read more about NATO and Russia: An Uneasy Relationship
Ambassador Douglas Lute, former ambassador to the North Atlantic Council, NATO's principal decision-making body, spoke at the Future of Diplomacy project on NATO's role today, adapting to current threats, and Russia's relationship with NATO and its member States.
Analysis & Opinions - CNBC
Nicholas Burns on CNBC: North Korean Regime is Only Interested in Survival
Read more about Nicholas Burns on CNBC: North Korean Regime is Only Interested in Survival
Amb. Nicholas Burns, Harvard Kennedy School professor, provides insight to North Korea's nuclear threat and the impact of U.S. sanctions.
North Korea pledges retaliation over new sanctions
| Aug. 07, 2017
Read more about North Korea pledges retaliation over new sanctions
North Korea vows harsh retaliation against new UN sanctions.
Announcement - Belfer Center for Science and International Affairs, Harvard Kennedy School
Former Deputy Secretary of Energy Elizabeth Sherwood-Randall Named Senior Fellow With Harvard's Belfer Center
Elizabeth D. Sherwood-Randall
Read more about Former Deputy Secretary of Energy Elizabeth Sherwood-Randall Named Senior Fellow With Harvard's Belfer Center
Former Deputy Secretary of Energy Elizabeth Sherwood-Randall is joining Harvard Kennedy School's Belfer Center for Science and International Affairs as a Senior Fellow, the Center announced today. Sherwood-Randall, who has served in the White House and Departments of Energy and Defense, is returning to the Center where she worked in the 1990s to help establish two pioneering projects – the Strengthening Democratic Institutions Project with Graham Allison, who this month stepped down as the Center's director, and the Preventive Defense Project with Ash Carter, the former Secretary of Defense who is the new Belfer Center director.
Analysis & Opinions - Norddeutscher Rundfunk
Cathryn Cluver Ashbrook discusses importance of wording of the G-20 communique on NDR Aktuell Extra (in German)
Read more about Cathryn Cluver Ashbrook discusses importance of wording of the G-20 communique on NDR Aktuell Extra (in German)
Cathryn Cluver Ashbrook, Executive Director of the Future of Diplomacy Project, discusses the importance of the final wording of the G-20 communique, particularly with respect to the climate change and energy policy dossiers, noting different approaches to achieve transatlantic compromise. She underlines the importance of high-level meetings such as the G-20 to address critical global challenges, including multilateral responses to North Korea's provocations and the ongoing conflict in Syria.

redpajama_set_name: RedPajamaCommonCrawl


text:
package be.woutdev.bungeestaffchat.commands;

import be.woutdev.bungeestaffchat.BungeeStaffChat;
import be.woutdev.bungeestaffchat.player.ScPlayer;
import net.alpenblock.bungeeperms.BungeePerms;
import net.md_5.bungee.api.ChatColor;
import net.md_5.bungee.api.CommandSender;
import net.md_5.bungee.api.chat.ComponentBuilder;
import net.md_5.bungee.api.connection.ProxiedPlayer;
import net.md_5.bungee.api.plugin.Command;

import java.util.regex.Matcher;

/**
 * Created by Wout on 14/04/2016.
 */
public class Sc extends Command
{
    public Sc(String name)
    {
        super(name);
    }

    @Override
    public void execute(CommandSender sender, String[] args)
    {
        if (sender.hasPermission("sc.use") || sender.hasPermission("sc.*"))
        {
            if (BungeeStaffChat.getInstance().isScPriorityEnabled() &&
                (!sender.hasPermission("sc.priority") && !sender.hasPermission("sc.*")))
            {
                sender.sendMessage(new ComponentBuilder(ChatColor.translateAlternateColorCodes('&',
                                                                                BungeeStaffChat.getInstance()
                                                                                .getLang()
                                                                                .getString(
                                                                                "sc-priority-denied")))
                                           .create());
                return;
            }

            if (sender instanceof ProxiedPlayer)
            {
                if (BungeeStaffChat.getInstance()
                                   .getPlayerManager()
                                   .getPlayer(((ProxiedPlayer) sender).getUniqueId())
                                   .isScDisabled())
                {
                    sender.sendMessage(new ComponentBuilder(ChatColor.translateAlternateColorCodes('&',
                                                                                BungeeStaffChat.getInstance()
                                                                                .getLang()
                                                                                .getString(
                                                                                "sc-disabled")))
                                               .create());
                    return;
                }
            }

            StringBuilder msgBuilder = new StringBuilder();
            for (String arg : args)
            {
                msgBuilder.append(arg).append(" ");
            }

            String msg = msgBuilder.toString();

            if (sender.hasPermission("sc.format") || sender.hasPermission("sc.*"))
            {
                msg = ChatColor.translateAlternateColorCodes('&', msg);
            }

            String target = sender instanceof ProxiedPlayer ? sender.getName() : "CONSOLE";
            String server = sender instanceof ProxiedPlayer ? ((ProxiedPlayer) sender).getServer().getInfo().getName() : "N/A";

            String scMessage = BungeeStaffChat.getInstance()
                                              .getScLayout()
                                              .replaceAll("%player%",
                                                          Matcher.quoteReplacement(target))
                                              .replaceAll("%message%", Matcher.quoteReplacement(msg))
                                              .replaceAll("%server%", Matcher.quoteReplacement(server));

            if (BungeeStaffChat.getInstance().isBungeePerms())
            {
                if (sender instanceof ProxiedPlayer)
                {
                    scMessage = scMessage.replaceAll("%group%", Matcher.quoteReplacement(BungeePerms.getInstance()
                                                                                .getPermissionsManager()
                                                                                .getMainGroup(
                                                                                BungeePerms.getInstance()
                                                                                .getPermissionsManager()
                                                                                .getUser(
                                                                                ((ProxiedPlayer) sender)
                                                                                .getUniqueId()))
                                                                                .getName()));
                }
                else
                {
                    scMessage = scMessage.replaceAll("%group%", "CONSOLE");
                }
            }

            for (ProxiedPlayer player : BungeeStaffChat.getInstance().getProxy().getPlayers())
            {
                if (player.hasPermission("sc.use") || player.hasPermission("sc.receive") ||
                    player.hasPermission("sc.*"))
                {
                    ScPlayer targetPlayer = BungeeStaffChat.getInstance()
                                                           .getPlayerManager()
                                                           .getPlayer(player.getUniqueId());

                    if (!targetPlayer.isScDisabled())
                    {
                        player.sendMessage(scMessage);
                    }
                }
            }

            if (BungeeStaffChat.getInstance().keepLog())
            {
                BungeeStaffChat.getInstance().appendToLog(ChatColor.stripColor(scMessage));
            }

            return;
        }

        sender.sendMessage(new ComponentBuilder(ChatColor.translateAlternateColorCodes('&',
                                                                                BungeeStaffChat.getInstance()
                                                                                .getLang()
                                                                                .getString(
                                                                                "no-permission"))).create());
    }
}

redpajama_set_name: RedPajamaGithub


I have been meaning to debut this fab two-piece on the blog for so long! I'm a big twosie lover and think this cable knit number is the perfect Autumn/Winter transitional piece. Yes i've jumped on the blogger bandwagon thigh high boots - but I love them SO much because they make every outfit look so sassy!
Hope everybody had a fab weekend!
this is fab! love your furry hat!
You look so hot as always!
Those boots are at the top of my wishlist!
This whole outfit is gorgeous, those boots!
I have those River Island boots, they're surprisingly comfy!
Check out my giveaway it's ending tomorrow!
I always love your quirky outfits, your coat is amazing!!


text:
Палеостро́вский Рожде́ственский монасты́рь (Корни́лие-Палеостро́вский Рожде́ственский монасты́рь) — мужской монастырь Петрозаводской епархии Русской православной церкви, расположенный на острове Па́лий (Па́ль-остров) в Повенецком заливе Онежского озера, один из наиболее древних и известных монастырей Заонежья.

Общие сведения
Первое упоминание — 1391 год (25 августа 1391 года, грамота, подписанная новгородскими посадниками Юрием Онциферовичем и Мироном Ивановичем, была введена в научный оборот ещё в 1852 году — опубликована в «Вестнике географического общества»). Основатель — валаамский монах Корнилий. По преданию, был родом из Пскова, долго странствовал по монастырям и пустыням в Поморье, прежде чем основал иноческое житие на острове Палей в северной части Онежского озера. Жил в пещере-келье, измождая тело веригами, весом более пуда. Впоследствии богомольцы носили его вериги на себе в знак особого поклонения. Уже при жизни Корнилия на острове стали строиться храм и церкви.

Расположение монастыря — островное, в 6 км на север от села Толвуя, в котором в начале XVII века находилась в ссылке инокиня Марфа, мать царя Михаила Федоровича.

Природа — в сентябре в этих краях недели три дует ветер — «палеостровец». Место очень приятное, отмечал исследователь XIX века Е. Барсов, извилистые мысы одеты зеленеющими деревьями, вокруг скалистые горы, дремучие вековые леса. Весной бывали аномальные холода: «холодно, полуночник, мрачно, и греча замерзла», пишет монах, ведущий наблюдения за погодой 17 мая 1815 года. Затяжной дождь «на Корнилия» (19 мая), сулит, по местным приметам, сухое лето.

Главная святыня монастыря — мощи прп. Корнилия, покоящиеся под спудом в соборном храме Рождества Богоматери.

Название острова связано с вылавливаемой здесь рыбой — палией. О палии среди рыбаков Заонежья бытовала следующая легенда. Когда Христос и апостолы собрались на Вечерю, у них было белое вино, белый хлеб и белая рыба. Христос, притрагиваясь к ним, сказал: «Да приобщатся они крови моей невинной!» С тех пор и вино, и палья, и хлеб «порудли», то есть покраснели.

История монастыря
Русский историк Е. В. Барсов отмечает, что многие документы монастыря были безжалостно уничтожены во времена Смуты и раскола, однако считает, что старец Мисаил, монастырский келарь, в Челобитной (около 1691 года) царям Ивану и Петру Алексеевичу указывает на время возникновения монастыря — «тому с пятьсот лет и больши», то есть на конец XII века. Таким образом, самая ранняя дата его основания подтверждается только документами XVII века. Учредительная грамота монастырю датируется историком В. И. Корецким сороковыми годами XV века, земли монастырю были переданы во владение при Алексее Михайловиче.

Ещё при жизни Корнилия в обители были устроены храмы во имя Рождества Богородицы, Святого Николая и пророка Илии. По писцовой книге 1583 года Палеостровский монастырь был одним из наиболее значительных монастырей Заонежья (игумен, 2 священника и 49 иноков). В начале XVII века монастырь был разорён литовско-казацким грабительским отрядом. В середине XVII века на недолгое время появляется четвёртый храм — во имя Святого Михаила Малеина с приделом во имя Алексея Человека Божиего. Мощи Корнилия Палеостровского находились в часовне во имя Святого Корнилия, под часовней помещался амбар, где хранились царские грамоты, дарованные монастырю и другие ценности.

Некоторое время монахом Палейострова был старец Зосима Соловецкий — один из основателей Соловецкого монастыря, рождённый в Толвуе. Монастырь имел множество охранных грамот русских царей, почитаемых предметов, украшенных золотом, серебром, жемчугом и долгое время процветал, однако сильно пострадал во времена Смуты.

В XVII веке монастырь стал местом заключения Павла Коломенского, который мог быть избран патриархом Руси и, соответственно, являлся одним из тех, кого преследовал патриарх Никон, задумавший церковную реформу. По преданиям староверов, он именно здесь был тайно убит по приказу Никона, возможно даже — сожжен, что и послужило примером для последующих самосожжений староверов.

Сюда, в монастырь, на Север, бежали старообрядцы-раскольники, находя немало сочувствующих. Заонежье, где расположен монастырь, иногда называют Китежем старообрядчества. Монахи вели сельское хозяйство (на острове росли яблони), занимались рыбной ловлей (лосось, форель).

4 марта 1687 года старообрядцы захватывают монастырь. По донесению митрополита Корнилия (XVII век) это местное население из близ лежащих сёл и деревень в количестве 1200 человек.

О дальнейших событиях, происшедших в обители, существуют две точки зрения.

Согласно старообрядческой точке зрения, изложенной настоятелем Выговской пустыни киновиархом Иваном Филипповичем в его книге, всех кто не согласен со старообрядцами не принуждают находится в монастыре и отпускают на свободу; на вооружённый захват монастыря отправлен отряд солдат в количестве около 500 человек. Старообрядцы запираются в соборном храме монастыря, который войска штурмуют при помощи пушек, стреляя по нему; в результате пожара, который был вызван обстрелом деревянного храма, находящиеся в храме люди сгорают.

Согласно новообрядческой точке зрения при осаде их правительственными войсками старообрядцы сами устраивают самосожжения. Погибает, по различным данным, от 2000 до 3000 старообрядцев (такое количество жертв появляется в новообрядческих изданиях середины XIX века), а также захваченные ими игумен Тихон, 10 братьев и 3 причетника. При этом сгорают храмы и хозяйственные постройки монастыря, документы. После пожара восстанавливается храм во имя Святого Николая с приделом во имя пророка Илии.

В 1755 году в числе братии числится строитель иеромонах Макарий, схимонах Саввий, монахи Филарет, Мельхиседек и Феофилакт и 5 служителей-бельцов.

В 1764 году пришедший в упадок монастырь был отнесён к числу заштатных. Была полуразрушена пристань от напора онежских валов. В 1793, по другим данным в 1794 году была заново отстроена сгоревшая церковь во имя Рождества Христова. К этому времени правительство активно боролось с раскольниками, однако около 20 000 человек погибли в огне за несколько веков.

В 1788—1800 гг. послушником монастыря был краевед-историк Т. В. Баландин, неоднократно посещавший Палеостров и позднее написавший «Повесть о Палеостровском монастыре».

О ключах с целебной водой и драгоценной утвари монастыря упоминает Ирина Андреевна Федосова, народная поэтесса:

Паломничества на Палеостров в XIX веке обычно совершались на пароходах из Петрозаводска. Среди верующих была популярна 30-метровая Церковь Рождества Богородицы, куда направлялись паломники. Обычно такие поездки имели цель сбора пожертвований для монастыря. В разное время монастырю делали пожертвования петрозаводские и санкт-петербургские купцы И. М. Максимов, А. П. Базегский, М. Г. Осипов, В. Ф. Кипрушкин и другие.

В 1827 году при строителе Симеоне был построен новый каменный храм во имя Рождества Пресвятой Богородицы с приделами во имя Святого пророка Илии и Святого Николая. В храме находились и мощи святого Корнилия. Другой почитаемой святыней были мощи преемника Корнилия Авраамия Палеостровского.

Прежняя Рождественская церковь получила имя преподобного Ефрема Сирина (сгорела 23 декабря 1899 г.).

29 ноября 1888 г. сгорел двухэтажный каменный корпус, в котором кроме келий, помещалась также церковь.

В 1919 году земля монастыря была разделена между сельхозкоммуной и жителями острова.

В 1928 году монастырь был разрушен, храм Рождества Богородицы официально закрыт. На острове была создана колония для малолетних преступников. В годы Великой Отечественной войны, в период финской оккупации отдельных территорий Карелии, финским офицером был сделан снимок церкви Рождества без купола. В настоящее время этой церкви нет.

В монастыре подвизаются в настоящее время 8 насельников (игумен, два иеромонаха, два инока, послушник, трудники).
Монастырь доступен для туристов и паломников. В Петрозаводске расположено подворье Палеостровского монастыря.

Факты
В конце 17 века, в 1687 году, 4 марта, на территории монастыря произошло страшное событие.
Некто Омелка Иванов, уже судимый за бунтарство и побывавший в Сибири, сумел захватить монастырь. К нему в скором времени стеклось до 2700 староверов, готовых к самосожжению, так как ходили слухи о близком конце света. Из Олонца были брошены отряды для расправы со староверами. Однако те вооружились кольями, копьями, бердышами, ружьями, а потом ещё и вморозили в лед Онего косы-горбуши, так что олончанам на помощь был отправлен посредничеством московских властей отряд из Новгорода.
Мятежные староверы укрылись в трапезной, в храме и подожгли себя.
Сам Омелка не сгорел с братией: выбравшись и подхватив оклады икон и казну монастыря, он стал скрываться среди жителей Заонежья, которые ему помогали. Монахи говорили, что Омелка — чародей, обольщающий народ адским зельем, сваренном из сердец убитых младенцев.
Омелке вновь удалось захватить монастырь и организовать новое самосожжение.
Однако на этот раз спастись ему, скорее всего, не удалось: есть сведенья, что сотоварищи не дали ему уйти.

Настоятели монастыря

 Преподобный Корнилий, основатель (?—1420)
 Преподобный Авраамий (1420—?)
 Игнатий I, игумен (1459—1463)
 Даниил, игумен (1464—1466)
 Игнатий (1471)
 Конон, игумен (1478)
 Корнилий, игумен (1519—1536)
 Геласий, игумен (1550)
 Досифей, игумен (1553—1554)
 Мисаил (1557)
 Иона, игумен (1561)
 Иаков, игумен (1573—1581)
 Иона (1583)
 Геронтий, игумен (1590—1594)
 Иосаф I, игумен (1599)
 Кирилл I, игумен (1608—1613)
 Кирилл, игумен (1616) (проживал в Соловецком монастыре в связи с опасностью набегов литовцев)
 Иосиф I, игумен (1617)
 Макарий, игумен (1618—1619)
 Антоний I, игумен (1621)
 Кирилл (1623)
 Макарий, игумен (1623—1628)
 Макарий II, игумен (по 1626)
 Иларион, игумен (1635—1639)
 Иосаф II, игумен (1636—1642)
 Сергий, игумен (1646—1649)
 Иаков, игумен (1651—1653)
 Сергий II (1664)
 Антоний I (1668—1674)
 Киприан, игумен (1677—1681)
 Феодосий, игумен (1681)
 Лука, строитель, иеромонах (1684—1688)
 Иосаф III, строитель, иеромонах (1685—1689)
 Пимен, игумен (сожжен старообрядцами в 1689)
 Мисаил (1689)
 Иоаким, строитель (1691—1699)
 Иосиф III (1691)
 Варлаам, строитель (1692—1699)
 Кирилл II, строитель (1699—1700)
 Пафнутий, строитель (1700)
 Арсений, игумен (1707—1710)
 Протасий, игумен (1713—1715)
 Иосаф IV, игумен (1719)
 Иосиф II, строитель, иеромонах (1721)
 Авраамий, игумен (1730—1735)
 Иосаф IV (1735)
 Феофилакт, строитель, иеромонах (1737—1741)
 Виктор, строитель (1741—1748)
 Виталий, строитель (по 1754)
 Макарий, строитель, иеромонах (1755—1755)
 Савватий, строитель, иеромонах (1755)
 Антоний II, игумен (1763—1771)
 Корнилий II, строитель (1778—1788)
 Симон, строитель (по 1794)
 Владимир, строитель (по 1799)
 Григорий (Еремеев), священник, строитель (1799)
 Игнатий II, строитель (по 1804)
 Пахомий, строитель (по 1807)
 Василий, строитель (по 1811)
 Иосаф V (Белоусов), строитель (1811—1840)
 Корнилий IV, строитель, иеромонах (1840—1852)
 Никодим, иеромонах (1852)
 Митрофан (1852—1853)
 Иона II (1853)
 Даниил, строитель Задне-Никифоровской пустыни, временный управляющий (1853—1856)
 Анания, строитель, иеромонах (1855—1860, 1860—1866)
 Сергий, игумен (1860)
 Антоний, иеромонах, игумен (1867)
??
 Иоасаф, иеромонах, игумен (нач. 1870-х гг.)
 Исихий, игумен
 Иероним, иеромонах (середина 1880-х гг.)
 Самуил, иеромонах
 Серапион (конец 1880-х гг.) — при нём произошёл пожар
 Никанор, и.д. (1891)
 Паисий, управляющий, иеромонах (1892)
 Викентий, управляющий, иеромонах (1893)
 Ионафан (1894)
 Антоний (1898—1900)
 Герман, временно управляющий, иеромонах (1902—1904)
 Симеон, временно управляющий (1905)
 Антоний, иеромонах (1905)
 Варнава (Накропин), игумен, архимандрит (1905—1908)
 Евтихий, игумен (1909—1910)
 Александр, игумен, иеромонах (1911—1914)
 Македоний, игумен, иеромонах (1915—1916)
 Георгий, игумен (1917—1919)
 Вениамин (Тамразов), иеромонах (2000)
 Иоанн (Зюзин), игумен (2005)

См. также
 Список монастырей России

Примечания

Литература
 Барсов Е. В. Палеостров, его судьба и значение в Обонежском крае: С грамотами и другими письменными памятниками. — М.: Университет. тип. (Катков и Компания), 1868. — 204 с.
 Денисов Л. И. Православные монастыри Российской империи. — М.: издание Ступина А. Д., 1908. — С. 614—615.
 Корецкий В. И. Новгородские грамоты XV века из архива Палеостровского монастыря // Археографический ежегодник за 1957 г. — М. 1958.
 Кожевникова Ю. Н. Заштатные монастыри Карелии. Результаты и последствия секуляризационной реформы 1764 года (на примере Палеостровского Рождества Богородицы монастыря) // Кижский вестник. — № 10 / Ред.-сост. И. В. Мельников. — Петрозаводск: Музей-заповедник «Кижи», 2005.
 Кожевникова Ю. Н. Палеостровский монастырь и «антимонашеская» политика государства в XVIII веке // Кижский вестник. — Вып. 13 / Под науч. ред. И. В. Мельникова, В. П. Кузнецовой. — Петрозаводск: Карельский научный центр РАН, 2011. — 296 с. — С. 43—51.
 Мильчик, М. И. Палеостровский монастырь / М. И. Мильчик // Заонежье: история и культура : очерки, фотографии / М. И. Мильчик. — СПб., 2007. — С. 140—141;

 Пигин А. В. «Древнейшая в севере состоящая» обитель: Т. В. Баландин и Палеостровский монастырь (конец XVIII—начало XIX в.) // Вестник церковной истории. — 2015. — № 1/2 (37/38). — С. 87—129.
 Пигин А. В. Палеостровский монастырь в конце XVIII — начале XIX века (по материалам эпистолярного и литературного наследия Т. В. Баландина) // Церковь Преображения Господня: 300 лет на заонежской земле. Материалы Всероссийской научной конференции, приуроченной к 300-летию Преображенской церкви на острове Кижи (3—5 сентября 2014 г., г. Петрозаводск, о. Кижи). — Петрозаводск, 2015. — С. 103—113.
 Савинова, Л. И. Палеостровский монастырь: история, значение и память / Л. И. Савинова // Краеведческие чтения — 2007 : материалы регион. науч.—практ. конф., посвящ. 180—летию со дня рождения И. А. Федосовой, 21 апр. 2007 г., г. Медвежьегорск / [отв. ред. В. П. Кузнецова]. — Петрозаводск, 2007. — С. 66—71;
 Чернякова И. А. Карелия на переломе эпох: Очерки социальной и аграрной истории XVII в. — Петрозаводск, 1998.

Ссылки
Мужские монастыри

Монастыри Карелии

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