The second session of the 20th Alaska State Legislature is shaping up to be a contentious one, House and Senate Democrats say.

Major divisive issues top the agenda, including subsistence, deferred maintenance, child protection and education.

"All of this is underscored by the fact that this is an election year and there's going to be politicians running amok," said Anchorage Rep.Ethan Berkowitz. All 50 legislators are up for re-election, and two are running for statewide office.

Senate Minority Leader Jim Duncan said the Legislature could accomplish a lot, if politics don't get in the way.

"Failing to accomplish all four of those issues, the Republican leadership should get a failing grade for the session," Duncan said. "Clearly the Democrats don't have the votes, but we do have the ability to take the message to the public that there are some critical issues in the state that need to be addressed."

Berkowitz believes House Democrats may be more effective this session because the Republican-led majority cannot agree on many of the issues.

"We are going to be the swing votes in this year's Legislature. Because there are such deep divisions within the majority over the subsistence issue, it wouldn't be surprising at all if the majority fragmented," Berkowitz said. "We see it on other issues. Money is on the table. Who's going to support whom for higher office, whereas, the Democrats are a very cohesive group. We all get along extremely well together and we have a fairly similar mindset. There's great disagreement over certain subjects, but we respect one another."

Democrats also say some of their caucuses will be open to the press and public this session. During a floor speech, House Minority Leader Gene Kubina urged the Republicans to do likewise.

"For some reason it has become commonplace to make decisions behind closed doors, in closed caucus rather than on this floor in open debate," Kubina said. "Why should we be afraid to let the people we represent hear our arguments on both sides of the issues?"

Later in the day, House Democrats held an open-door caucus, and said they're especially concerned about a recent announcement by the House speaker that subsistence will be a majority caucus decision.

"That caucus is essentially the first committee of referral for subsistence," said Juneau Rep. Kim Elton.

Berkowitz said government functions best when it functions in the "sunshine. Performing an important debate like subsistence in closed caucus is a disservice to the public process."

The Republican-led Legislative Council today filed a lawsuit in federal district court to prevent a federal takeover of fish and game management. Duncan said the fact that the council held a separate press conference to announce its approach to subsistence is a bad sign.

"I think it means that the issues cannot be resolved or will not be resolved," Duncan said. "I think the lawsuit will lead to greater division and problems in this session."

During the interim House Speaker Gail Phillips and Senate President Mike Miller were part of the governor's subsistence task force, which has written legislation giving rural Alaskans a subsistence preference. The legislation calls for a vote on whether the state constitution should be amended to allow a rural priority. Recent statewide surveys show that most Alaskans want the opportunity to vote on the issue.

Kotzebue Rep. Reggie Joule said the Legislature should trust public sentiment. "The public has indicated through polls that they would like to vote on a constitutional amendment and the numbers are as high as 80 percent," he said.

Critics predict such a lawsuit would fail. Angoon Rep. Albert Kookesh said the council's lawsuit is a waste of state money.

"What does the Legislative Council have in information or facts or new law that says they would succeed when everybody else says that they wouldn't?" Kookesh said. Last session, the Legislature appropriated $1 million to the Department of Law and Legislature for an appeal to the U.S. Supreme Court of a federal court decision giving certain villages "Indian Country" status. Not all the Legislature's portion has been spent, and the Legislative Council plans to spend the reserve on the lawsuit. Kookesh said it should go back into the general fund.

"They've decided to use that money as if it was their own personal income to file this suit, which, as far as I'm concerned, is frivolous," Kookesh said. "They don't have standing and they're not going to go anywhere with it."

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