Alaska's FY 2012 Budget
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No. 10-35887 UNITED STATES COURT of APPEALS for THE
No. 10-35887 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LAW PROJECT FOR PSYCHIATRIC RIGHTS, ex rel. United States of America; DANIEL I. GRIFFIN, ex rel. United States of America, Plaintiffs-Appellants v. OSAMU H. MATSUTANI, MD; et al., Defendants-Appellees. ON APPEAL FROM THE U.S. DISTRICT COURT FOR THE DISTRICT OF ALASKA, THE HONORABLE TIMOTHY M. BURGESS PRESIDING AK U.S. DISTRICT COURT CASE Nos. 3:09-cv-80-TMB & 3:09-cv-246-TMB EXCERPTS OF RECORD Volume 3 of 3 James B. Gottstein Law Project for Psychiatric Rights 406 G Street, Suite 206, Anchorage, Alaska 99501 Tel: (907) 274-7686 Fax: (907) 274-9493 e-mail: [email protected] Counsel for Plaintiffs-Appellants Law Project for Psychiatric Rights and Daniel I. Griffin Index Volume 1 Order Denying Attorney Fees ............................................................................................. 1 Final Judgment, Dkt. No. 166 ............................................................................................. 3 Order Granting Defendants' Motion to Dismiss, Dkt. No. 163 ........................................... 4 Volume 2 Notice of Appeal, Dkt. No. 167 ......................................................................................... 29 Settlement Agreement and Release in United States ex rel Gobble v. Forest Laboratories, USDC Mass, Case No. 03-10395-NMG (and other cases), Dkt. No. 160-2 .................................................................................................................. 31 Written Disclosure to United States Department of Justice accompanying original complaint pursuant to 39 U.S.C. §3730(b)(2), Dkt. No. 158-1, pp 2-10 .................. 46 Correspondence between the Utah Attorney General's office and the Centers for Medicare & Medicaid Services, Dkt. No. 158-1, pp -12-17 ..................................... 55 Settlement Agreement in United States ex rel Wetta v. Atrazenaca, USDC EDPA, Case No. 04-3479, Dkt. No. 108-3 ......................................................................... -
February 4, 2008, Letter to Governor Palin
® PsychRights Law Project for Psychiatric Rights, Inc. February 4, 2007 Governor Sarah Palin PO Box 110001 Juneau, AK 99811-0001 Re: Alaska's Psychiatric Drugging of Children in It's Custody Dear Governor Palin: I am the President and CEO of the Law Project for Psychiatric Rights (PsychRights), founded in late 2002 to mount a strategic litigation campaign against unwarranted forced psychiatric drugging. The reason for undertaking this mission is, contrary to the story sold by the pharmaceutical industry, these drugs: (1) have limited effectiveness, especially for those upon whom they are forced, (2) are causing great harm, including reducing life spans to the point where people in the public mental health system taking these drugs have a 25 year reduced lifespan, (3) decrease, rather than increase public safety, and (4) at least double the number of people categorized as chronically mentally ill.1 The latter, of course, causes great unnecessary expense to the State because almost all of these people end up as Medicaid recipients and a large percentage receive Alaska Adult Public Assistance. In 2006 PsychRights won its first Alaska Supreme Court case, Myers v. Alaska Psychiatric Institute, 138 P.3d 238, in which the Court held Alaska's statutory forced psychiatric drugging regime unconstitutional, requiring, before the State may constitutionally force adults to take these drugs against their will it must prove the forced drugging is in the patient's best interest and there are no less intrusive alternatives.2 The terrible consequences of adult forced drugging is bad enough, but due to what is probably illegal pharmaceutical company "off-label" promotion of these drugs for use on children,3 in recent years there has been an explosion in the administration of the most powerful, most harmful, and most debilitating psychiatric drugs to children in state custody. -
The Politics of State Severance Taxes in the Shale Era
CLOSUP Working Paper Series Number 34 April 2015 Taxing Fracking: The Politics of State Severance Taxes in the Shale Era Barry G. Rabe, University of Michigan Rachel Hampton, University of Michigan This paper is available online at http://closup.umich.edu Any opinions, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the view of the Center for Local, State, and Urban Policy or any sponsoring agency Center for Local, State, and Urban Policy Gerald R. Ford School of Public Policy University of Michigan Taxing Fracking: The Politics of State Severance Taxes in the Shale Era Barry G. Rabe and Rachel L. Hampton University of Michigan 1 Abstract States producing gas and oil have long levied severance taxes at the point of extraction, commonly placing most revenues into general funds. These taxes have assumed new meaning in many states amid the expansion of gas and oil production accompanying the advent of hydraulic fracturing. We reviewed all major statutes and constitutional amendments related to severance taxes that were enacted at the state level during the first decade of the “shale era” (2005-2014). There have been only modest adjustments in statutory tax rates and some evidence that states have attempted to reduce these rates, possibly in response to growing national production. In turn, there is also evidence that states have begun to pursue more targeted strategies for revenue use, including some expanded focus on responding to the negative externalities linked to drilling, expanded revenue sharing with localities, and increased long-term protection of resources through state trust funds. -
Alaska Legislative Digest No
Bradners’ laska Legislative Digest A- Commentary on Alaska issues and policy PUBLISHERS: Mike Bradner, Tim Bradner / Business Office: (907) 440-6068 / 3037 South Circle Anchorage, AK 99507 / Fax: (907) 345-5683 Digest No. 1/2021 Jan. 22, 2021 Senate: Seasoned hands at the helm The state House, split 20-20, has yet to organize but the Senate organized itself quickly and smoothly last week, dispelling fears that differences among the 13 Republicans would cause delays. Senate leaders include experienced hands Sens. Peter Micciche, R-Kenai, as President; Bert Stedman, R-Sitka and Click Bishop, R-Fairbanks, as Finance Committee cochairs, and Gary Stevens, R-Kodiak, as Rules chair. Sen. Shelley Hughes, R-Mat-Su, is Majority Leader. Senate organizers threw the hard-right crowd a bone by giving Sen. Lora Reinbold, R-Eagle River, chair of the Judiciary Committee. There are seven Senate Democrats. As expected, Sen. Lyman Hoffman, D-Bethel, joined the Senate Majority, as he has in the past. Rural lawmakers representing large districts must be pragmatic and often set aside partisan affiliations to represent constituents. The Senate’s new leaders, all experienced, also know it is better to have the canny Hoffman inside the tent than outside. Fears of control by Mat-Su, governor averted There were fears initially that the Senate would wind up being controlled this year by hard conservative senators from the MatSu with Gov. Mike Dunleavy pulling strings behind the scenes. In that scenario, the key issue would have been the governor’s push for large Permanent Fund dividends, which most senators feel can’t be afforded. -
Alaska State Legislature Office of the Senate President
Alaska State Legislature Office of the Senate President October 22, 2019 The Honorable Kevin Clarkson Attorney General for the State of Alaska 1031 West 4th Avenue, Suite 200 Anchorage, AK 99501-1994 <Delivered Electronically> Attorney General Clarkson, Your most recently released opinion on the constitutionality of Alaska’s local hire laws (2019 Op. Alaska Att'y Gen. Oct.3) caused consternation to myself and many of my constituents. Our state has for six decades strove to maintain a balance between being unfairly parochial while maintaining opportunities for Alaska residents to access gainful employment. Time and again, Alaska’s local hire laws have been tested and refined through the judicial process at both the state and federal level. Currently, the law of our State is clear: if there is a determination that a zone of underemployment exists, and a contractor is bidding on a project that uses state dollars, that contractor must prioritize Alaskans in their hiring in order to receive the contract. As the principal legal officer in our State, you have a duty to defend the laws of this State. The current statutes for prioritizing Alaska hire have not been found to be unconstitutional. Therefore, the current Alaska hire laws are still valid, and you are constitutionally required to enforce those laws. Your office has levelled accusations against the Legislature of unconstitutional and unlawful action. Your ad hoc determination that the laws of our land, which remain untested in the courts, are unconstitutional is a diversion into the lawmaking field that is rightfully the purview of this branch of government. -
Thompson V. Hebdon
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID THOMPSON; AARON No. 17-35019 DOWNING; JIM CRAWFORD, Plaintiffs-Appellants, D.C. No. 3:15-cv-00218- v. TMB HEATHER HEBDON, in Her Official Capacity as the Executive Director ORDER AND of the Alaska Public Offices OPINION Commission; RICHARD STILLIE; IRENE CATALONE; ANNE HELZER; ROBERT CLIFT; and JIM MCDERMOTT, in their official capacities as members of the Alaska Public Offices Commission, Defendants-Appellees. On Remand From the United States Supreme Court Argued and Submitted February 22, 2021 San Francisco, California Filed July 30, 2021 Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Carlos T. Bea, Circuit Judges. 2 THOMPSON V. HEBDON Order; Opinion by Judge Callahan; Partial Concurrence and Partial Dissent by Chief Judge Thomas SUMMARY* Civil Rights/Campaign Finance In an action alleging that an Alaska law regulating campaign contributions violates the First Amendment, the panel issued an order withdrawing its opinion, filed on November 27, 2018, and published at 909 F.3d 1027, and replaced it with the opinion filed concurrently with the panel’s order. On remand from the United States Supreme Court, the panel (1) affirmed the district court’s bench trial judgment upholding Alaska’s political party-to-party candidate limit; (2) reversed the district court’s judgment as to the individual-to-candidate limit, the individual-to-group limit, and the nonresident aggregate limit; and (3) remanded for entry of a judgment consistent with the panel’s opinion. Plaintiffs, three individuals and a subdivision of the Alaska Republican Party, challenged: (1) the $500 annual limit on an individual contribution to a political candidate, (2) the $500 limit on an individual contribution to a non- political party group, (3) annual limits on what a political party—including its subdivisions—may contribute to a candidate, and (4) the annual aggregate limit on * This summary constitutes no part of the opinion of the court. -
City of Dillingham House District 37 / Senate District S
City of Dillingham House District 37 / Senate District S ~ 11/24/2020 ~ 31st Alaska State Legislature ~ 2nd Interim NOVEMBER 2020 – LEGISLATIVE REPORT Cliff Stone / City Lobbyist ~ Alaska’s Division of Elections to Certify Results ~ <><><><> With all of the absentee ballots finally counted, the division should be able to certify the election results by November 25, 2020. The Alaska House and Senate have still not organized a majority for several reasons. Although House Republicans will have 21 members, there are members of that party who sit on a fringe that is uncomfortable for other members of that caucus. That’s putting it as diplomatically as I can express. Last year the R’s had 23 members and still could not organize with a “pure” bloc of their elected members. If I were betting on the horses, I would put my money on a coalition once again. Dillingham’s own Bryce Edgmon has headed up a majority coalition of Democrats, Independents, and Republicans the last four years. I’m not sure if it’s in the cards for him to be Speaker once again, but he will certainly have a leadership role if they indeed form a coalition. Although the Senate still has 13 Republicans this go around, there are philosophical differences within their ranks that center around the question of a full PFD, other budgetary issues, and binding caucuses. Those thirteen members have met at least once to discuss how to move forward with forming a majority. I believe there is a high likelihood of a coalition this year with some or all of the Senate Democrats joining such an alliance. -
S Sullivan Gr Rows Lead in Alaska GOP Prim Mary, Beg Gich up in General
FOR IMMEDIATE RELEASE May 13, 2014 INTERVIEWS: Tom Jensen 919-744-6312 IF YOU HAVE BASIC METHODOLOGICAL QUESTIONS, PLEASE E-MAIL [email protected], OR CONSULT THE FINAL PARAGRAPH OF THE PRESS RELEASE Sullivan grrows lead in Alaska GOP primary, Begich up in general Raleigi h, N.C. – PPP's newest Alaska poll finds the Republican primary for Senate becoming increasingly less competitive. Dan Sullivan is now out to a 14 point lead with 40% to 26% for Mead Treadwell, 14% for Joe Miller, and 3% foor John Jaramillo. The race has been moving more and more in Sullivan's direction in our polling over the last nine months. In July Treadwell led Sullivan 33/25. Since then Sullivan's support has moved from that 25% mark last summer to 30% in February and now 40%. Meanwhile Treadwell dropped from 33% in July to 25% in February and is now pretty much holding steady with his 26% mark. Mark Begich leads all of his potential Republican oppponents, but the match ups are pretty close across the board. He's up 42/37 on Sullivan with third party candidates combining for 7%, he's up 41/33 on Treadwell with third party candidates combining for 9%, and he's up 43/27 on Miller with third party candidates combining for 6%. Voters are closely divided in their feeelings about Begich with 44% approving of him and 45% disapproving. Begich is staying ahead despite the state's GOP lean bbecause of his strong support from independents. He leads Sullivan by 19 points, Treadwell by 20 points, and Miller by 27 points with them. -
Primary Election Overview Division of Elections: Write-In Campaign Adds New Twist to U.S
Fisheries, The FAIR Awareness, Information, and Responsibility A Publication of the Bering Sea Fishermen’s Association October 2010 Votes will affectAdvocate the lives of rural and Native Alaskans Candidate Surveys for the 2010 General Election Yes, it’s election time again. Sometimes, election season can be exhausting for voters: your mailbox stuffed with election flyers, pollsters calling you on the phone, and sometimes nasty commercials from candidates. This year has been no different. But, these people who are running for office and asking for your votes have the ability to affect the things that are important to you (hopefully, for the better). Now that the primary is behind us and we move toward the November 2nd general election, several issues weigh heavy on our minds— issues affecting our fisheries. Sometimes during the hectic election season, these issues get lost amidst the discussion of other important statewide issues like the budget, natural gas pipeline, and ANWR. The space and funding we have to regularly print and distribute the FAIR Advocate is limited, so we didn’t survey all the different candidates and races. We focused on two of the Statewide races that have garnered much of the attention of the public and the media: the races for U.S. Senator and the Alaska Governor. We also limited our surveys to candidates who received at least 10,000 votes in the primary. Inside this issue, you’ll find the questions we asked and the answers from the candidates that chose to respond. Due to limitations on our non-profit funding status, we can’t endorse candidates. -
Ted Stevens Anchorage International Airport Master Plan Update
Ted Stevens Anchorage International Airport 2014 MASTER PLAN UPDATE APPENDIX A - PUBLIC INVOLVEMENT SUMMARY FINAL DECEMBER 2014 IN ASSOCIATION WITH: HDR DOWL HKM RIM Architects ATAC Photo credit: Vanessa Bauman TED STEVENS ANCHORAGE INTERNATIONAL AIRPORT MASTER PLAN UPDATE APPENDIX A PUBLIC INVOLVEMENT SUMMARY December 2014 FINAL Prepared for: Ted Stevens Anchorage International Airport State of Alaska Department of Transportation & Public Facilities Prepared by: In association with: HDR DOWL HKM RIM Architects ATAC AKSAS Project No.: 54320 RS&H Project No. 226-2566-000 “The preparation of this document was financed in part through a planning grant from the Federal Aviation Administration (FAA) as provided under Section 505 of the Airport and Airways Improvement Act of 1982, as amended by the Airway Safety and Capacity Expansion Act of 1987. The contents do not necessarily reflect the official views or policy of the FAA. Acceptance of this report by the FAA does not in any way constitute a commitment on the part of the United States to participate in any development depicted therein, nor does it indicate that the proposed development is environmentally acceptable in accordance with applicable public laws.” PREFACE The Ted Stevens Anchorage International Airport (Airport) Master Plan Update (Master Plan Update) provides Airport management and the Alaska Department of Transportation & Public Facilities (DOT&PF) with a strategy to develop the Ted Stevens Anchorage International Airport. The intent of the Master Plan Update is to provide guidance that will enable Airport management to strategically position the Airport for the future by maximizing operational efficiency and business effectiveness, as well as by maximizing property availability for aeronautical development through efficient planning. -
Alaska Legislative Digest No
Bradners’ laska Legislative Digest A- Commentary on Alaska issues and policy PUBLISHERS: Mike Bradner, Tim Bradner / Business Office: (907) 440-6068 / 3037 South Circle Anchorage, AK 99507 / Fax: (907) 345-5683 Digest No. 8/2021 March 8, 2020 More fallout from failure of emergency declaration A new bill to deal with COVID-19 response may be introduced as early as Monday, Senate leaders said Friday in a briefing. It will deal with issues left dangling when the state emergency declaration ended Feb. 14, including authorization to shift vaccine supply between communities; telehealth authorization without a physical exam; liability issues; authorization for $8 million a month in federal food stamp funds; and authorization for school districts to have larger car- ry-over fund balances (the current limit is 10 percent). Those authorizations, and more, disap- peared when the emergency declaration expired. What we didn’t hear in the briefing was re-imposition of mandatory airport virus testing, which also expired (it is now voluntary), and any reference to waivers from federal regulations that also expired, and which are a huge issue for health care providers. The declaration was a mechanism to get the federal waivers for providers and the food stamp program extension, but the lack of mandatory airport testing is already being linked to a serious infection outbreak in Petersburg. – Continued on page 8 A Lora Reinbold and Donna Arduin duo in Juneau? The spat between conservative Sen. Lora Reinbold and Gov. Mike Dunleavy continues to provide entertainment in the Capitol. Late last week Reinbold read out a lengthy letter to the governor responding to his harsh criticism over Reinbold’s statement on pandemic response. -
Solidarity Update
End Of Year 2014 When all the 285,449 votes were finally counted in all 441 precincts across Alaska, the race for Governor ended in an extremely slim margin. With a voter turnout of slightly over 56%, the unity COVER team of Bill Walker and Byron Mallott emerged victorious in a hotly contested election. A slim margin of just over 6,000 votes separated the contestants. Neither team received 50% of the 2014: Two Key Elections Close & vote. Pivotal Statewide Registered Voters: 509011 - Cards Cast: 285449 (56.08%) Famous Words of Solidarity Walker/Mallott – 134,658 – 48.10% Page 2 Parnell/Sullivan – 128,435 – 45.88% Did You Know ? 6,223 vote margin ASEA/AFSCME Scholarships, College In a bellwether election for union rights and collective bargaining, the long-fought AO37 Planning, & Chapter Scholarships ordinance vote in Anchorage was rejected by local voters. The measure pertained strictly to mu- Available nicipal employees in Anchorage. Its potentially dire future ramifications for unions if Page 3 enacted as a statewide model brought Anchorage public employee union members and their private sector counterparts out to the polls in big numbers. Presented to voters as MOA ASEA Health Trust News Proposition #1, the outcome of the measure was rejected by a larger margin by number of votes Now You Can Be “Healthier At Home” than the margin of victory in the statewide Governor’s contest. Legislature 2015 Preview NO - 58,029 – 53.89% Coming To Your Mailbox Soon! YES - 49,643 – 46.11% 8,386 vote margin Page 4 http://www.elections.alaska.gov/results/14GENR/data/results.htm ASEA/AFSCME Scholarships, College Planning, & Chapter Scholarships Our ASEA volunteer members’ presence at rallies, canvassing and phone banking and our Available (Continued from page 2) presence at the polls helped greatly in making these two important elections end in favorable outcomes.