ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL    FEBRUARY 25, 2019  5:02 PM    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      AGENDA  COMMITTEE ORGANIZATION  COMMITTEE POLICIES  APPROVAL OF MINUTES  RATIFICATION OF CHARITY EVENTS  COMMITTEE BUSINESS  CONTRACT APPROVALS      SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs Agency  Megan Wallace, Director, Legal Services, LAA  Jean Mischel, Revisor of Statutes, Legal Services, LAA  Tina Strong, Procurement Officer, Supply, LAA  Wayne Jensen, President, Jensen Yorba Wall, Inc.  5:04:25 PM    I. Call to Order    SENATE PRESIDENT GIESSEL called the Legislative Council  meeting to order at 5:02pm in the Senate Finance Committee  Room. Present at the call were: Representatives Edgmon,  Foster, Kopp, Wilson, Thompson, Johnson; Senators Giessel,  Stedman, von Imhof, Coghill, Hoffman, Stutes, Stevens.    13 members present.    Senator Costello joined at 5:10pm.      II. Committee Organization    SENATE PRESIDENT GIESSEL stated this is the first meeting  of the Legislative Council for the first session of the  Thirty-First legislature and the committee must nominate  and elect a Chair and Vice Chair.    SENATOR COGHILL nominated Senator Gary Stevens as the Chair  of Legislative Council and asked for unanimous consent and  that nominations be closed.    SENATE PRESIDENT GIESSEL said seeing no objection, the  motion carries. She handed the gavel to Senator Stevens.    CHAIR STEVENS thanked Madam President and everyone for  being in attendance. He continued that it has been a long  time coming this session, but there are now seven members  of the House and seven members of the Senate. For the  election of the Vice Chair, he called on Speaker Edgmon.    SPEAKER EDGMON nominated and elected Representative Louise  Stutes as Vice Chair of Legislative Council and asked for  unanimous consent and that the nominations be closed.    CHAIR STEVENS said without objection, Representative Stutes  is the Vice Chair. He thanked and welcomed her.      III. Committee Policies    a. Quorum and Voting Requirements    CHAIR STEVENS said it is a long-time policy of the  Council to have the requirement of eight members for a  quorum and eight members to approve a motion. Because  there are seven members of the House and seven members  of the Senate, it ensures at least one member of the  other body approves a motion or satisfies a quorum to  do the Council's business. Unless there is objection,  he proposed maintaining the existing policy. Hearing  no objection, that policy is approved.    b. Sanctioning Charity Events    CHAIR STEVENS explained per AS 24.60.080 (a)(2)(B),  Legislative Council sanctions charitable events that  have 501 (c)(3) tax free status. The policy in place  since 2003 is that the Committee granted the Chair the  ability to sanction these charitable events and at the  next Council meeting, the Committee would ratify the  Chair's action. Unless there is objection, he proposed  maintaining the existing policy. Hearing no objection,  that policy is approved.    c. Subcommittees    CHAIR STEVENS said three subcommittees will be formed  this session: the Security Subcommittee; the Office  Allowance/Per Diem Subcommittee; and the Information  Technology Subcommittee chaired by legislative staff,  Doug Letch. Chair Stevens asked members to contact him  or his committee aide, Katrina Matheny, if they would  like to serve on one of those subcommittees or  recommend their staff for the IT subcommittee.      IV. Approval of Minutes    5:09:11 PM  VICE CHAIR STUTES moved and asked unanimous consent that  Legislative Council approve the minutes dated December 17,  2018 as presented.    CHAIR STEVENS objected for purposes of discussion. Hearing  no objection, the minutes are approved.      V. Ratification of Charity Events    5:09:41 PM  VICE CHAIR STUTES moved and asked unanimous consent that  Legislative Council ratify the Chair's sanctioning of the  following charitable events per AS 24.60.080 (a)(2)(B):    a. Girl Scouts of Alaska Annual Auction  th b. Juneau Animal Rescue 6 Annual Silent Auction  th c. Juneau Dance Theatre 4 Annual "Juneau's Got Talent"  d. Lawmakers Round-Up 5K Event  th e. 34 Annual Sham Jam  f. Kenai River Junior Classic, Kenai River Classic &  Kenai River Women's Classic  g. American Red Cross of Alaska "Service through the  Ages"  th h. 27 Annual Coal Classic Golf Tournament    CHAIR STEVENS objected for purposes of discussion. He  continued that he sanctioned these events and confirmed  they are 501 (c)(3) organizations. Chair Stevens asked if  there is any discussion or objection? Hearing no objection,  those events are ratified.      VI. Committee Business    a. 2019 Manual of Legislative Drafting    5:10:55 PM  VICE CHAIR STUTES moved that Legislative Council  approve the 2019 Manual of Legislative Drafting.    CHAIR STEVENS objected for purposes of discussion and  requested Megan Wallace and Jean Mischel to please  come to the table for the next two items.    MEGAN WALLACE, Legal Services Director, introduced  herself and Jean Mischel, Revisor of Statutes. Ms.  Wallace said one of her first official duties as Legal  Services Director was having the privilege to promote  Jean Mischel into the Revisor of Statutes position  which became vacant upon the retirement of Jerry  Luckhaupt, former Revisor. Ms. Mischel is a critical  part of the Legal Services team. The Revisor has an  imperative role in the peer review process in which  legislation and opinions are drafted and is  responsible for the publication of the Alaska Statutes  which affects the institution and those around the  state and country who use those Statutes. With that  introduction, she asked Ms. Mischel to present the  Drafting Manual.    JEAN MISCHEL, Revisor of Statutes with Legislative  Legal, thanked the Council for considering this item.  She said she worked with Legal's Editor and Special  Assistant to prepare this new Manual of Legislative  Drafting for this Thirty-First Legislature. Members  should have a cover letter that outlines the minor  changes.    Ms. Mischel explained that Legal removed references to  the regulation review committee repealed last session.  We added emphasis to the neutrality and  confidentiality that we take very seriously. Legal  updated dates and references to the previous  legislative session. We added case law and a reference  to the Mallott v. Stand for Salmon case in the context  of severability of provisions in an initiative. Most  significant to legislative procedures, Legal amended  the enrollment process for bills that have been vetoed  or partially vetoed. This was requested by the Senate  Secretary and the House Chief Clerk to clarify the  process, so it is consistent with what actually  happens. She said she is pleased to answer any  questions.    CHAIR STEVENS asked if there were any questions or  discussion. There is a motion on the table. Chair  Stevens had objected for purposes of discussion and  now removed that objection. There was no further  discussion.    A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Kopp, Wilson,  Thompson, Johnson; Senators Giessel, Stedman, von  Imhof, Coghill, Hoffman, Stutes, Stevens.    NAYS: None    The motion passed 13-0.      b. 2019 Revisor's Bill    5:15:32 PM  VICE CHAIR STUTES moved that Legislative Council  approve the 2019 Revisor's bill version 31-LS0095/U  and request the Senate Rules Committee to introduce  it.    CHAIR STEVENS objected for purposes of discussion and  asked if there were any questions or discussion.    MS. MISCHEL explained that she provided a sectional  summary with the Revisor's Bill because it has been  two years since the last bill and there are several  provisions. Under AS 01.05.036 this is a statutory  duty of the Revisor to prepare for Council's  consideration and hopefully introduction by the Rules  Committees.    Legal clarified and made changes consistent with the  Drafting Manual, which is primarily the function of  this bill. Legal reviews every title on a six-year  rotating basis for drafting errors, obsolete  provisions, and attempts to clarify language. Legal  has a letter from the Department of Law that supports  this version of the Revisor's Bill. Ms. Mischel said  she is pleased to answer any questions.    CHAIR STEVENS asked if there were any questions or  discussion. He stated there is a motion before us and  removed his objection.    A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Kopp, Wilson,  Thompson, Johnson; Senators Giessel, Stedman, von  Imhof, Coghill, Hoffman, Stutes, Stevens.    NAYS: None    The motion passed 13-0.      c. FY18 Legislature Audit    CHAIR STEVENS noted this is not an action item and  asked Jessica Geary, Executive Director to present  this item and answer any questions.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency, stated that by statute the Legislature has an  annual independent audit conducted of our financials.  In your packet is a copy of the FY18 audit, which was  clean with no exceptions. Ms. Geary said she is  pleased to answer any questions.    CHAIR STEVENS asked if there were any questions or  discussion. Hearing none, we will move to the next  item.    d. FY20 Legislature Budget    5:19:07 PM  VICE CHAIR STUTES moved that Legislative Council per  AS 24.20.130 approve the FY20 Legislative Council  Proposed Budget and transmit it to the House and  Senate Finance Committees for their review and action.    CHAIR STEVENS objected for purposes of discussion and  asked Ms. Geary to explain the budget.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency, noted before you is a copy of the FY20 budget  request as well as the FY20 budget request narrative,  which explains each appropriation and allocation and  what it contains.    There are no increments in the request, however there  are structural changes and transfers in and out of  allocations to improve efficiency and align structure  with the appropriate authority and/or function.    The FY20 request reduces the number of RDUs, a group  of allocations combined to achieve a specific goal,  from five to two. We have the Legislative Council RDU,  which includes the administrative functions of the  Legislature and special committees and offices such as  Ethics, Ombudsman, and Office of Victims' Rights. We  also have the Legislative Operating Budget RDU which  includes those functions directly related to the  operations of the Legislature, such as Session  Expenses, House and Senate Operating Budget and  Legislator Salaries and Allowances. Legislator  Salaries and Allowances used to be contained within  the Legislative Council budget, so one of the  structural changes that was proposed in working with  David Teal and simplifying our structure was to move  that within the Legislative Operating Budget. We also  moved House and Senate Per Diem, which was in two  separate RDUs with two allocations per RDU, back into  Salaries and Allowances where it always was prior to  last year.    In Administrative Services, we moved Information and  Teleconference allocation back into Administrative  Services where it previously was. We transferred  $20,000 from State Facilities Rent for State Equipment  Fleet costs into Administrative Services because it  has nothing to do with State Facilities Rent. We  transferred out $286,000 to the Legislative Operating  budget for membership dues. The Ombudsman realized a  savings in moving into the Anchorage Legislative  Office Building of $42,000, but that amount needed to  be transferred from State Facilities Rent into the  Office of the Ombudsman to cover the cost of their new  case management system. State Facilities Rent has a  surplus of $58,000 realized from savings of  renegotiated lease space. That could potentially be on  the table for a decrement for the Finance Committees.    In Session Expenses, we moved the Special Session  Contingency allocation back into the Session Expenses  allocation. In the Legislative Operating budget, we  broke out House and Senate Operating into reportable  sub-allocations and the transfer of $262,300 from  membership dues mentioned previously. Ms. Geary said  she is pleased to answer any questions.    CHAIR STEVENS asked if there were any questions on the  FY20 Budget.    SENATOR HOFFMAN asked if the Legislative Information  Offices (LIOs) had been addressed?    MS. GEARY replied through the Chair, Senator Hoffman,  the LIOs were moved into Administrative Services back  from their own separate RDU.    CHAIR STEVENS asked if there were other questions. He  stated there is a motion before us and removed his  objection.    A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Kopp, Wilson,  Thompson, Johnson; Senators Giessel, Stedman, von  Imhof, Costello, Coghill, Hoffman, Stutes, Stevens.    NAYS: None    The motion passed 14-0.      VII. Contract Approvals    a. Ketchikan LIO Lease Extension    5:24:27 PM  VICE CHAIR STUTES moved that Legislative Council  approve Renewal No. 3 of Lease for Ketchikan Office  Space in an amount of $47,926.00.    CHAIR STEVENS asked Tina Strong, the Legislature's  Procurement Officer to come forward to present the  next two items and answer any questions.    TINA STRONG, Procurement Officer, Legislative Affairs  Agency, noted the original lease agreement between the  Legislative Affairs Agency and Ketchikan Gateway  Borough for office space in Ketchikan, Alaska, was for  a five-year term that began March 1, 2012, and  terminated February 28, 2017. There were five  additional renewals of lease available under the lease  agreement: each for a one-year period. We have  exercised two of the renewal options.    Renewal No. 2 of lease expires on February 28, 2019.  We would like approval to proceed with Renewal No. 3  for the period March 1, 2019, through February 29,  2020.    If Legislative Council approves Renewal No. 3, this  will leave two more renewals of lease available before  we must issue a bid or do a lease extension.    This lease exceeds $35,000 in one fiscal year  threshold; therefore, Legislative Council approval is  required. Ms. Strong said she is pleased to answer any  questions.    CHAIR STEVENS asked if there are any objections?  Senator Stedman?    SENATOR STEDMAN said the Ketchikan office space has  worked very well for the public. Several years ago,  the LIO and elected officials consolidated into the  same office in a building with the Borough and some  regional corporations. This move has been well  received. The office moved from an area that was  highly congested during the visitor season to a  quieter area of the community, which has served the  public very well. He recommends the Council extend for  a year.    CHAIR STEVENS asked if there was further discussion or  comments. He stated there is a motion before us and  asked for a roll call vote.    A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Kopp, Wilson,  Thompson, Johnson; Senators Giessel, Stedman, von  Imhof, Costello, Coghill, Hoffman, Stutes, Stevens.    NAYS: None    The motion passed 14-0.      b. RFP 635 Capitol Column Restoration    5:27:35 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. I ask that the following  individuals remain in the room: Jessica Geary; Tina  Strong; JC Kestel; John Cayce; any legislative staff  working for Council members; and that Wayne Jensen  remain online. We also welcome any Legislators who are  not on Legislative Council to remain in the room.    5:28:33 PM  Council went into Executive Session.    6:07:28 PM  Council came out of Executive Session.    6:07:38 PM  VICE CHAIR STUTES moved that Legislative Council  approve the award of RFP 635 to Dawson Construction,  LLC for Capitol Column Restoration for a total  contract amount of $676,075.    CHAIR STEVENS objected for purposes of discussion and  asked Ms. Geary to please explain this item.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency, explained that although we are awarding the  RFP in full to Dawson Construction, we do have a forty  percent match from the Juneau Community Foundation who  will pay $270,000 of this price. So, $406,000 of  existing capital funds will be spent from legislative  money.    CHAIR STEVENS asked have those funds already been put  aside for that purpose?    MS. GEARY replied that the $406,000 has already been  put aside in the capital budget for this purpose.  There will be no new money appropriated.    CHAIR STEVENS asked if there was any discussion.    SENATE PRESIDENT GIESSEL said it is appropriate to put  on the record for this project that Council has asked  what other outstanding work remains on this building  and were told none. This is a lump sum project and was  originally to be done during the seismic work, but the  project ran out of funds. It is more than what was  estimated at the time of the seismic work due to the  company having to remobilize, reconstruct scaffolding,  etc. She continued to wonder about conflict of  interest but noted that is neither here nor there at  this point. She wanted to ensure some of these points  and costs that Council has been exploring goes on the  record.    CHAIR STEVENS briefly responded that Council has  spoken with Wayne Jensen, the architect, who indicated  he has no conflict of interest and is not at all  involved with Dawson Construction.    REPRESENTATIVE WILSON said Council did verify that  this is not a cosmetic issue, but a structural issue  and if nothing is done it will likely get worse, more  expensive, and possibly dangerous depending on how  much it erodes. It is an expensive project, but once  cracks begin they usually only get worse.    CHAIR STEVENS said we have made it clear that the  Juneau Community Foundation will be involved with  $270,000 and the remainder will come from existing  capital funds. Any further discussion? He stated there  is a motion before us, removed his objection, and  asked for a roll call vote.    A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Kopp, Wilson,  Thompson, Johnson; Senators Giessel, Stedman, von  Imhof, Costello, Coghill, Stutes, Stevens.    NAYS: None    The motion passed 13-0.      VIII. Adjourn    CHAIR STEVENS noted if there is nothing further to  come before the Committee at this time, we are  adjourned.    6:12:00 PM