ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL    JUNE 13, 2019  3:00PM    MEMBERS PRESENT  Senator Gary Stevens, Chair  Representative Louise Stutes, Vice Chair  Senator John Coghill  Senator Mia Costello  Senator Cathy Giessel  Senator Lyman Hoffman  Senator Bert Stedman  Senator Natasha von Imhof  Representative Bryce Edgmon  Representative Neal Foster  Representative DeLena Johnson  Representative Chuck Kopp  Representative Steve Thompson  Representative Tammie Wilson      MEMBERS ABSENT      OTHER MEMBERS PRESENT  Senators Begich, Birch, Gray-Jackson, Kiehl, Wilson;  Representatives Drummond, Hannan, Hopkins, Knopp, LeBon,  Merrick, Spohnholz    AGENDA  COMMITTEE BUSINESS EXECUTIVE SESSION  a. EDUCATION FUNDING LAWSUIT APPROVAL  b. SPECIAL SESSION PER DIEM APPROVAL    SPEAKER REGISTER  Megan Wallace, Director, Legal Services, Legislative Affairs  Agency        3:00:44 PM    I. CALL TO ORDER    CHAIR STEVENS called the Legislative Council meeting to order  at 3:00pm in the Senate Finance Committee Room. Present at the  call were: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon, Foster,  Johnson, Kopp, Stutes, Thompson, Wilson.    14 members present.      II. COMMITTEE BUSINESS EXECUTIVE SESSION    3:01:47 PM VICE-CHAIR STUTES moved and asked unanimous consent that  Legislative Council go into Executive Session under Uniform  Rule 22(B)(1), discussion of matters, the immediate knowledge  of which would adversely affect the finances of a government  unit and 22(B)(3), discussion of a matter that may, by law, be  required to be confidential. The following individuals should  please remain in the room: Jessica Geary; Megan Wallace; Emily  Nauman; and any legislative staff working for Council members.  We also welcome any Legislators who are not on Legislative  Council to remain in the room.    CHAIR STEVENS asked if there was objection to the motion.  Hearing none, Council will go into Executive Session. Please  note, no action will be taken in Executive Session, which may  take approximately thirty minutes.    3:02:50 PM  Council went into Executive Session.    4:00:00 PM  Council came out of Executive Session.      a. EDUCATION FUNDING LAWSUIT APPROVAL    4:00:10 PM  VICE-CHAIR STUTES moved that Legislative Council utilize the  services provided by Legal Services to undertake litigation on  behalf of Legislative Council regarding the forward funding of  education for the 2020 fiscal year and that Legislative  Council authorize the Chair to give direction to Legal  Services regarding the litigation.    CHAIR STEVENS objected for purposes of discussion and asked  Megan Wallace to give a brief explanation.    MEGAN WALLACE, Director, Legal Services, said if this motion  were to pass, the Legislature, through passage of HB 287  appropriated the full funding for state aid, transportation,  and thirty million dollars of one time funding for the 2020  fiscal year. As of now, the Administration has taken a  position that that was not a valid appropriation, despite it  being enacted into law, and that they intend to withhold  disbursement of those funds to school districts. If in the  event that the money is not disbursed by mid-July, as is  required by statute, with passage of this motion, Legal  Services will be prepared to undertake and file whatever  pleadings are necessary to commence a lawsuit and seek relief  from the court that those funds be disbursed to school  districts as intended by the Legislature.    CHAIR STEVENS asked if there was discussion. Seeing none, he  removed his objection and requested a roll call vote.    A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman, Stedman,  Stevens, von Imhof; Representatives Edgmon, Foster, Johnson,  Kopp, Stutes, Thompson, Wilson.    NAYS: None    The motion passed 14-0.      b. SPECIAL SESSION PER DIEM APPROVAL    4:02:58 PM  VICE-CHAIR STUTES moved that Legislative Council authorize  Special Session Per Diem payments, retroactive to May 16,  2019, for the days in which members were physically present in  Juneau for the First Special Session of the Thirty-First  Alaska State Legislature.    CHAIR STEVENS objected for purposes of discussion and asked  Megan Wallace again to give a brief explanation.    MEGAN WALLACE, Director, Legal Services, said with respect to  this motion, AS 24.10.130(b) provides that a member of the  st Legislature is not entitled to daily per diem after the 121  day of a legislative session, until the first day in which the  Legislature passes a fully funded operating budget. While this  language prevents a member of the Legislature from receiving  st per diem in between the 121 day and the day in which the  Legislature passes a fully funded operating budget, this  language does not prevent this body from taking action to  provide retroactive payments as the language states that per  diem is not to be paid until after the budget is passed. So  now that the budget is passed, with this motion, retroactive  per diem, in my opinion, would be permissible.    CHAIR STEVENS asked if there was discussion.    REPRESENTATIVE WILSON said she cannot support this motion  because she voted on this and knows what she believes was the  intent of the legislation. She understands it may be somewhat  ambiguous and people have expenses, but it was not ambiguous  in her mind.    SENATOR STEDMAN said he will support this motion. He  understands the issue of stopping per diem to encourage the  conclusion of the operating budget after the regular session  of 121 days. He also understands no per diem being paid until  an operating budget is passed by both bodies and the  conference committee report signed. His concern is this will  turn into another political weapon or leverage within the  building and would encourage members to not support an  operating budget, force a special session, and then squeeze  particular political opponents who may be financially strained  while in Juneau.    The Senator continued that the Legislature now has some  younger members with families, so there are people from all  walks of life and different financial means available. He said  he does not want to restrict membership of the Legislature to  retired, financially set Alaskansit should be available for  all Alaskans. Legislators should be able to come to Juneau and  have the ability to maintain a reasonable and average  lifestyle.    He said he supports this retroactive clause. Those who do not  want to claim it, for whatever reason, do not have to since it  is optional. Members can just claim certain days, since when  traveling back home to district, they must still maintain  Juneau housing costs. He restated his support of this  retroactive clause and leaves it to individual Legislators to  submit claims or not. If constituents do not agree, they have  an opportunity every two years to change every member of the  House and every four years to change every member of the  Senate.    CHAIR STEVENS asked if there was further discussion. Seeing  none, he removed his objection and requested a roll call vote.    A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman, Stedman,  Stevens, von Imhof; Representatives Edgmon, Foster, Kopp,  Stutes, Thompson.    NAYS: Johnson, Wilson    The motion passed 12-2.    CHAIR STEVENS asked members to return the confidential  documents to Ms. Matheny.      III. ADJOURN    CHAIR STEVENS said if there is nothing further to come before  the Council, we are adjourned.    4:09:27 PM