Legislature(2015 - 2016)ANCH LIO AUDITORIUM
08/18/2015 11:00 AM House LEGISLATIVE COUNCIL
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
AUGUST 18, 2015
11:04 AM
Approved December 4, 2015
MEMBERS PRESENT
Representative Bob Herron, Vice Chair
Senator John Coghill
Senator Charlie Huggins
Senator Kevin Meyer
Representative Mike Chenault
Representative Craig Johnson
Representative Sam Kito
Representative Charisse Millett
MEMBERS ON TELECONFERENCE
Senator Anna MacKinnon
Representative Mark Neuman
Representative Steve Thompson, Alternate
MEMBERS ABSENT
Senator Gary Stevens, Chair
Senator Lyman Hoffman
Senator Peter Micciche
Senator Lesil McGuire, Alternate
Representative Mike Hawker
OTHER MEMBERS PRESENT OR VIA TELECONFERENCE
Representatives Drummond, Gattis, Gruenberg, Hughes,
Josephson, Keller, Pruitt, Reinbold, Saddler, Tarr, and
Wilson.
AGENDA
LEGAL ISSUES ON MEDICAID EXPANSION
SPEAKER REGISTER
11:04:27 AM
I. VICE CHAIR BOB HERRON called the Legislative Council
meeting to order at 11:04 a.m. in the Anchorage LIO
Auditorium. Present at the call were Senators Meyer,
Coghill, and Huggins; Representatives Chenault, Johnson,
Kito, Millett. Participating via teleconference were
Senator MacKinnon, and Representatives Neuman and Thompson,
alternate member. Representative Johnson joined the meeting
after the roll call. Absent were Senators Stevens, Hoffman,
Micciche, and McGuire, alternate member; and Representative
Hawker.
II. LEGAL ISSUES ON MEDICAID EXPANSION - EXECUTIVE SESSION
VICE CHAIR HERRON called for a motion to go into Executive
Session.
11:05:45 AM
SENATOR MEYER moved that Legislative Council go into
executive session under Uniform Rule 22 (b) (3) to discuss
a matter that may, by law, be required to be confidential,
to allow Council to receive legal advice in the form of
Attorney-Client communications from legal counsel. I would
ask that the following individuals remain in the room; Pam
Varni, Katrina Matheny, Doug Gardner, Suzanne Armstrong,
Chad Hutchinson, Mark Higgins, Chuck Kopp, Jeff Turner,
Juli Lucky, and Stacey Stone with Holmes, Weddle & Barcott.
In addition, the following individuals can remain on line
via teleconference, Linda Hay, Bianca Carpeneti, Laura
Pierre and Erin Murphy with Bancroft, PLLC. We also welcome
any legislators who are not on Legislative Council to
remain with us.
REPRESENTATIVE KITO objected for clarification/comment. He
said he just wanted to make sure that what happens in
executive session is required to be confidential and
privileged and that we don't get into a policy discussion
that goes beyond receiving the legal advice and discussing
the legal aspects or strategy that might be considered
during some action.
VICE CHAIR HERRON thanked Representative Kito for his
comments.
REPRESENTATIVE KITO removed his objection.
VICE CHAIR HERRON, in response to Senator MacKinnon stating
she was present on teleconference, noted that
Representative Johnson had joined the meeting and
Representative Wilson was also online.
11:07:57 AM
Council went into executive session.
12:27:20 PM
Council came out of executive session.
SENATOR MEYER moved that, in accordance with the power
vested in Legislative Council, under AS 24.20.060(4)(F), to
sue during the interim between sessions that Council
authorize the following contracts in the following amounts:
1. A contract in an amount not to exceed $400,000 to pay
Bancroft, PLLC, and;
2. A contract in an amount not to exceed $50,000 to pay
Holmes, Weddle & Barcott.
As private counsel to bring suit against the Governor of
the State of Alaska by the Alaska Legislative Council on
behalf of the Alaska State Legislature, regarding issues
related to Medicaid. Invoices will be split as follows: 50%
from Legislative Council Chair Budget, 25% from the Senate
Operating Budget and 25% from the House Operating Budget.
VICE CHAIR HERRON objected for discussion.
REPRESENTATIVE KITO stated that he had a concern about
moving forward with this action. As has been portrayed in
the opinion pages of our papers, he said that there were
legal opinions from Legislative Legal Counsel and from the
Attorney General all basically saying that the Governor has
the ability and the authority to take the actions that he
has taken and he was concerned about spending money in our
current budget times to actually perform an action that
could cost the State money, as opposed to taking an action
that might result in savings of money. He went on to say
that he recognized that while some states may have not
expanded Medicaid, there are over 30 states that have, so
there are a lot of states, a majority, that have started
working with the Affordable Care Act accepting Medicaid.
Legal Counsel indicates that what the Governor has done is
a defensible action and he had a concern about going to
outside counsel with an argument contrary to that.
SENATOR COGHILL said that a lot of that goes to the
questions that have been asked of the Legal Counsel and
Supreme Court case that has come to light, so he thought
that the Legislative Council has pretty solid footing to
defend its right to make that policy call and add a whole
new group to a category of Medicaid that under the U.S.
Supreme Court has been determined as optional and any
optional group has to be brought in by the Legislature
instead of unilateral action from the Governor. He said
there were dueling legal opinions and thought it was
sufficient to challenge the Governor in adding a new
Medicaid group without the Legislative authority. He said
it was unfortunate that the test has come to this level,
but that it was important for the Legislature to back up
the statutes and make the case.
SENATOR HUGGINS said that, unfortunately, at the national
level we've seen the precedence of what's happening and
maybe the Congress being a bit timid. This is not the time
for the Alaska State Legislature to be timid. He said it's
not about the issue, it's about the separation of powers.
He firmly urged members of the committee to support the
motion.
REPRESENTATIVE JOHNSON said he wanted to echo what the
Senator said. He said it was about the future. He took an
oath to defend the Constitution and he thinks that's what
he's doing; that it is a separation of powers issue. Were
it a different issue he'd still have the same vote, whether
he supports or doesn't support this particular issue was
not as important as upholding the Constitution and
maintaining the separation of powers and understanding what
the Legislature's role is, the Governor's role, and we're
about to find out what the judiciary's role is.
VICE CHAIR HERRON removed his objection and a roll call
vote was taken.
YEAS: Meyer, Coghill, Huggins, MacKinnon, Chenault,
Johnson, Millett, Neuman, Thompson, Herron
NAYS: Kito
The motion passed 10-1.
There being no further business before the committee, the
Legislative Council Meeting was adjourned at 12:33pm.
12:33:23 PM
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