Legislature(2015 - 2016)
06/29/2016 08:00 AM House LEGISLATIVE COUNCIL
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| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
JUNE 29, 2016
8:03 AM
MEMBERS PARTICIPATING VIA TELECONFERENCE
Senator Gary Stevens, Chair
Representative Bob Herron, Vice Chair
Senator John Coghill
Senator Lyman Hoffman
Senator Charlie Huggins
Senator Anna MacKinnon
Senator Kevin Meyer
Senator Peter Micciche
Senator Cathy Giessel, alternate
Representative Mike Chenault
Representative Mike Hawker
Representative Craig Johnson
Representative Sam Kito
Representative Charisse Millett
Representative Mark Neuman
Representative Harriet Drummond, alternate
MEMBERS ABSENT
Senator Lesil McGuire, alternate
Representative Steve Thompson, alternate
OTHER MEMBERS PARTICIPATING VIA TELECONFERENCE
Representatives Claman and Vazquez
AGENDA
OTHER COMMITTEE BUSINESS
SPEAKER REGISTER
Doug Gardner, Director of Legal Services, Legislative
Affairs Agency
8:03:49 AM
I. CHAIR GARY STEVENS called the Legislative Council meeting
to order at 8:03 a.m. via teleconference. Present at the
call were Senators Stevens, Meyer, Coghill, Hoffman,
Huggins, MacKinnon, Micciche, and Giessel, alternate
member; Representatives Herron, Chenault, Hawker, Johnson,
Kito, Millett, Neuman, and Drummond, alternate member.
Senator McGuire, alternate member, and Representative
Thompson, alternate member, were absent.
Other Legislators present via teleconference were
Representatives Claman and Vazquez.
II. COMMITTEE BUSINES - EXECUTIVE SESSION
a. Medicaid Expansion Lawsuit
CHAIR STEVENS said that Judge Pfiffner's decision to deny
the motion to substitute the House of Representatives for
Legislative Council in the matter of the Medicaid Expansion
Lawsuit was delivered, and now Legislative Council needed
to make a decision on whether to proceed with Phase II of
the lawsuit. He said that there was no intention of going
into an Executive Session unless necessary; if there are
some legal details, Council would go into Executive Session
because there would be confidential information being
discussed.
8:06:22 AM
SENATOR COGHILL moved that Legislative Council proceed with
Phase II of the litigation entitled The Alaska Legislative
Council v. Governor Bill Walker, No. 3AN-15-09208CL.
SENATOR Coghill, noting that the Senate chose not to
proceed and that the question was how to help the House
proceed, read into the record an email his office sent out:
"The evidence shows beyond a reasonable doubt that Mr.
Hutchison, who was the Project Director under the
Legislative Council contract, on May 5, 2016, expressly
stated unequivocally via email at 3:41pm to Mr. Higgins,
Mr. Bullock, Mr. McKeever, Ms. Murphy, Mr. LaCouer and Ms.
Stone, that the Senate and Legislative Council would not be
joining the appeal. Any representation that the Senate is a
party or Legislative Council is a party approved the appeal
or wanted to proceed with the appeal are false."
He went on to say that the May 5, 2016, email had been
provided to Senator Stevens and to Ms. Varni. It was
something we worked our way to finally get to in trying to
figure out a way to deal with this contract.
Discussion followed clarifying the motion. If Legislative
Council voted in favor of the motion, then Legislative
Council would be party to pursuing Phase II of the lawsuit;
a "no" vote would mean Legislative Council would not
proceed with the lawsuit nor be a party to it, regardless
of what the House chose to do. There was further discussion
regarding whether the filing date had passed and if that
would present a legal issue should Legislative Council vote
in favor of pursuing Phase II of the lawsuit; as well as
that this was a separation of powers issue, not a Medicaid
expansion issue.
REPRESENTATIVE JOHNSON, in response to a question by
Senator Mackinnon, said that the House had not made a
decision about pursuing Phase II of the lawsuit. Right now,
Legislative Council is the only party to the lawsuit and it
has been ruled that the House cannot be a substitute for
Legislative Council. At this point, the House would have to
start over if Legislative Council votes not to proceed.
SENATOR MACKINNON said that it was an issue about
separation of power and that it was difficult for some to
reflect accurately to the general public. She said she was
concerned because we have had different people from the
public come to the Legislature multiple times requesting
oversight of the courts; that the courts are taking a more
active role in vetting public policy. She said she was
concerned that a judge would not let a legislative body go
forward when they were two parties in a lawsuit knowing the
legal maneuver, and she wanted that on the record. She said
she wanted to make sure that the general public knew she
had heard those comments.
SENATOR COGHILL restated the motion at the request of
Speaker Chenault.
Discussion followed regarding what the motion would
accomplish.
A roll call vote was taken.
YEAS: Chenault, Johnson, Millett, Neuman, MacKinnon
NAYS: Stevens, Meyer, Coghill, Hoffman, Huggins, Micciche,
Hawker, Kito, Herron
The motion to proceed with Phase II the litigation entitled
The Alaska Legislative Council v. Governor Bill Walker
failed 9-5.
There being no further business before the committee, the
Legislative Council meeting was adjourned at 8:22 a.m.
8:21:51 AM
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