ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL  DECEMBER 18, 2019  11:00 AM      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 Jennifer Johnston  Representative Chuck Kopp      MEMBERS ABSENT  Representative Steve Thompson      OTHER MEMBERS PRESENT  Senators Begich, Bishop, Kiehl      AGENDA  APPROVAL OF MINUTES  RATIFICATION OF CHARITY EVENTS  COMMITTEE BUSINESS  CONTRACT APPROVALS      SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  Wayne Jensen, Juneau Community Foundation  Bill Legere, President and General Manager, KTOO  Megan Wallace, Director of Legal Services, LAA  JC Kestel, Procurement Officer, LAA   11:02:28 AM    I. CALL TO ORDER    CHAIR STEVENS called the Legislative Council meeting to  order at 11:00am in the Anchorage Legislative Information  Office (LIO) Large Conference Room. Present at the call  were: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp, Stutes.    Representative Thompson was absent.    13 members present.      II. APPROVAL OF MINUTES    A. September 19, 2019     11:04:30 AM  VICE-CHAIR STUTES moved and asked unanimous consent that  Legislative Council approve the minutes dated September  19, 2019, as presented.    CHAIR STEVENS asked if there were corrections or  additions to those minutes. Seeing none, the minutes are  approved.      III. RATIFICATION OF CHARITY EVENTS    nd A. Boys & Girls Club of the Kenai Peninsula 32 Annual  Auction & Gala     11:04:56 AM  VICE-CHAIR STUTES moved and asked unanimous consent that  Legislative Council ratify the Chairs sanctioning of the  following charitable event per AS 24.60.080 (a)(2)(B),  the Boys & Girls Club of the Kenai Peninsula 32nd Annual  Auction & Gala.    CHAIR STEVENS objected for purpose of discussion. He has  sanctioned this event and verified that it is a 501(c)(3)  organization. He asked if there was any discussion.  Seeing none, he removed his objection and stated that the  event has been ratified.      IV. COMMITTEE BUSINESS    A. Sale of ALOB Satellite Lot and KTOO Proposal    CHAIR STEVENS requested that Speaker Edgmon please make  this motion as there has been a last-minute change.    11:05:50 AM  SPEAKER EDGMON moved that Legislative Council approve the  listing of Lot 4A Fouts Subdivision, the sale of which  will be executed by LAA through the DNR public auction,  or similar, process with a starting bid of the appraised  value of $485,000. He further moved that Legislative  Council approve using the sale proceeds for the KTOO  Camera proposal, not to exceed, $448,500, to be included  in Legislative Councils FY21 capital budget request.    CHAIR STEVENS objected for purpose of discussion and  asked Ms. Geary to provide a brief explanation.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency (LAA), explained that the lot sale was previously  brought before this committee and it was agreed that LAA  would determine the appraised value and offer it through  a sale process that would go to the highest bidder.    The KTOO camera proposal to upgrade the Legislatures  cameras in the Capitol and improve Gavel to Gavel access  has been considered for several years. KTOO came to LAA  with the attached proposal to share resources and update  the Legislatures cameras, which need to be updated soon  regardless. The Juneau Community Foundation offered to  partially fund this project, so the State portion would  be $448,500just lower than the appraised price of Lot  4A. We suggest including language in the FY21 capital  budget request to utilize the proceeds from the lot sale  to pay for the States portion of the camera project. She  said this process is certainly doable and is happy to  answer any questions. Wayne Jensen with the Juneau  Community Foundation and Bill Legere with KTOO are also  on the line.    CHAIR STEVENS further explained that when this Anchorage  building was purchased, it included an additional lot.  Initially, it was understood that due to the size of this  building, the City required the additional parking lot;  in fact, there is no such requirement. The Legislature  does not need that lot, so this is a two part  opportunityto sell the lot and fund the camera operation  in Juneau, since the existing equipment must be replaced  within the next two to three years anyway. He asked Wayne  Jensen to explain the Juneau Community Foundations  involvement.    WAYNE JENSEN, representing the Juneau Community  Foundation said this is a project they have been  developing with LAA over the last several years to  collaborate between Gavel Alaska and akleg.tv to avoid  duplication of effort and improve the quality and  accessibility of Gavel Alaska throughout the state. This  is an opportunity to take advantage of that collaboration  between Gavel Alaska and akleg.tv, as well as between the  Juneau Community Foundation and the Legislature to  improve and continue upgrading Gavel Alaska. Much of this  is replacing equipment that needs replacement anyway and  is an opportunity to preserve Gavel Alaska and replace  outdated equipment with newer technology and improve the  product available throughout Alaska.    CHAIR STEVENS said he appreciated all that the Juneau  Community Foundation has done over the years to help the  Legislature with various issues. He asked if there were  questions for Mr. Jensen.    REPRESENTATIVE JOHNSTON asked about the cost breakdown,  specifically that the KTOO total is $547,500, the LAA  total is $448,500, but for the core infrastructure there  is a subtraction of almost $300,000. She asked for an  explanation.    MS. GEARY responded that the core infrastructure is what  goes into the walls to control the cameras, the robotic  cameras are the actual cameras, and the control station  is what is physically located at KTOO. We wanted the  Legislatures portion to only be equipment that we own  within our building.    REPRESENTATIVE JOHNSTON followed up to confirm if the  request was for $448,500.    MS. GEARY replied yes, the State funded portion is  $448,500, which is split between $56,500 for core  infrastructure and $392,000 for robotic cameras.    REPRESENTATIVE JOHNSTON said thank you, that explains it.    CHAIR STEVENS asked Mr. Legere to explain advantages and  improvements. He said he understood there would no longer  be cameras with camera people between legislators and the  public and asked if that was accurate.    BILL LEGERE, President and General Manager at KTOO,  responded yes, those comments are correct. This would  allow KTOO to eliminate the disruption of our staff  moving cameras in and out of meeting rooms and on the  House and Senate floor. We would have more flexibility  without the logistical problem of moving between rooms,  sometimes getting physically stuck in a room and unable  to leave. There would also be better coverage with  multiple cameras in each room. Currently when watching  Gavel to Gavel, in House Finance the view is of the backs  of half of committee members heads and in the Chambers,  there are people seated behind pillars who cannot be  seen. By having multiple cameras in each room, we would  have much better video coverage and increase the number  of meetings we could cover logistically because we would  not have the problem of moving between rooms.    CHAIR STEVENS asked if this would improve viewer  participation so those watching will have a better  opportunity to see what is happening.    MR. LEGERE replied, yes, exactly. It would be more  similar to the experience of actually being in the room,  which is important for viewers around the state. This new  technology would allow us to incorporate PowerPoint  presentations directly into the video, so the viewer can  see it more clearly. Currently, PowerPoints are difficult  to read since we simply point the camera at the screen.  So overall, the experience of citizens watching Gavel to  Gavel would improve greatly.    CHAIR STEVENS asked if this would result in the loss or  just relocation of KTOO jobs.    MR. LEGERE replied that most staff would come to the KTOO  building to control the equipment remotely, and they  would likely keep one staff in the Capitol for events in  rooms without cameras (i.e. Speakers Chambers, Governors  floor, etc.). One important benefit for KTOO is this  would eliminate significant overtime with six staff  working in the Capitol and a great deal of wait time  surrounding meetings.    SENATOR COGHILL asked if the cameras currently in  committee rooms will stay or be replaced, specifically  those owned by the Legislature that operate akleg.tv and  face committee members and testifiers.    MS. GEARY replied that those cameras will be upgraded and  akleg.tv and KTOO will share the same camera.    SPEAKER EDGMON noted that it seems viewership in his  district is increasing and asked Mr. Legere if he had an  estimate of viewership numbers.    MR. LEGERE replied that he does not have ratings for over  the air television service since the Nielsen Company,  which conducts ratings in Alaska, does not rate the  channel that we are on, but he does have statistics for  online viewers and that number has been growing  substantially year after year. During Special Session  this summer, there were so many viewers that bandwidth  was momentarily exceeded. More and more people are  accessing Gavel online and over the air.    SPEAKER EDGMON asked with the additional features  associated with this request, will more hearings  televised at once have an impact since there is just one  feed to the public?    MR. LEGERE replied they will still have the single  channel of television coverage but will be able to cover  more events and get them onto that channel, either live  or on a tape delay basis, without the problem of going  room to room. He expects this would increase the number  of meetings carried in a broadcast day and improve the  online stream quality.    SPEAKER EDGMON noted that in Dillingham, sometimes the  picture is grainy and numbers are hard to decipher, so  this new technology potentially will help.    MR. LEGERE said yes, definitely, the cameras will be high  definition which will dramatically improve what is seen  online and on the television.    REPRESENTATIVE KOPP commented that it is good to see a  community foundation driving this partnership making it  possible for KTOO, through Gavel Alaska, to improve what  they have been doing. This is a significant investment in  the community and KTOO to provide a better statewide  service, which they have been doing for decades. The  Juneau Community Foundation contribution is $547,500 and  the State contribution is $448,500. He asked with the  Legislature owning the camera system and network in the  building, could another news entity (i.e. KTUU, KTVA,  Fox, etc.) ask to pay a fee to use the State's network  and infrastructure. This is something we should have a  fair discussion on. It certainly improves floor space and  helps to have fewer cameras physically in the room. I  appreciate the decades of service of KTOO and Gavel  Alaska, so this is nothing against them. They have earned  this improvement by the fact that they are the only  people who dedicated so much resource to this. It is not  to slight them at all, I am just trying to think into the  future.    CHAIR STEVENS asked Mr. Legere to address this issue and  if he shared video content with other outside stations.    MR. LEGERE replied yes, absolutely, we make all of Gavel  Alaskas content free to any broadcaster in Alaska, radio  or television. In fact, Anchorage television stations  often use our video when they do not have a reporter and  camera crew in Juneau. Moreover, this system would allow,  if the Anchorage stations wanted to get direct feeds from  the meeting rooms, we could figure that piece outthose  are called, pool feeds where there is only one camera  in a room, but all the broadcasters share it. We could  certainly make that available to our commercial broadcast  partners. We work closely with the Anchorage television  news stations to share resources, video, and help each  other.    CHAIR STEVENS asked if there were further comments.  Seeing none, he requested a roll call vote.    11:25:01 AM  A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp, Stutes.    NAYS: None    The motion passed 13-0.    B. Legislative Council Moving & Travel Policy Change  Staff Session Lodging Stipend    11:26:07 AM  VICE-CHAIR STUTES moved that Legislative Council adopt  the proposed changes to the Legislative Council Moving &  Travel Policy and establish a session housing stipend for  eligible staff members, not to exceed thirty dollars per  day.    CHAIR STEVENS objected for purpose of discussion and  asked Ms. Geary to please explain this item.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency, explained that she was contacted by Senator  Giessels Office at the beginning of this last session  because staff had begun filing their taxes for the  previous year and were dismayed to learn they were no  longer able to deduct their housing costs on their  personal tax returns.    Since staff do not receive per diem for the time they are  in Juneau, there was the appetite to come up with a way  that staff could receive not necessarily a per diem or  anything of that nature, but basically help them with  their housing cost. We contacted our accounting firm,  Elgee Rehfeld, and asked them to look into the taxable  consequences for staff receiving a housing stipend.    We presented this issue at the August Legislative Council  meeting and Senator von Imhof asked us to research how  other states and branches of government address this. We  contacted the National Conference of State Legislatures  and was informed there is no other state like Alaska in  this regard, so no way to truly compare. In other  branches of government, staff receive a thirty dollars  per day stipend for long term housing. We reviewed  different options (daily versus monthly rates) and  determined it was most efficient administratively to do a  daily rate. My recommendation is thirty dollars per day,  which is in line with what other State travelers receive.  I am happy to answer any questions.    CHAIR STEVENS recognized Senator Giessel and offered her  the opportunity to comment.    SENATE PRESIDENT GIESSEL said our staff are critical to  the function of the Legislature and it is a significant  cost for them to move to Juneau from their homes, as it  is a challenge for us as well. For them to lose that tax  deduction ability through the federal law change has a  significant impact. I want to ensure we are attentive to  this so we can retain the institutional knowledge that we  have, and some wonderful staff, and make it affordable  for them to actually come and work for the Legislature.  That was the motivation for this. Ms. Geary has taken the  concept and vastly improved it, so I absolutely support  her recommendation.    SENATOR HOFFMAN said he supports this concept, but has  staff in Juneau and over the years sessions have been  held in Anchorage. What happens to Juneau staff when a  session, special or otherwise, is held in Anchorage?  Under the language as I read it, they would not have the  same privilege.    MS. GEARY responded that currently this problem only  exists with regular sessions which are the ones only held  in Juneau, for special sessions which we have held  outside the Capital, staff do receive per diem if they  travel outside of their home. It is not an issue for  Juneau based staff who would travel to Anchorage as they  would already be eligible to receive per diem.    SENATOR COGHILL asked is this in addition to staffs  taxable income?    MS. GEARY replied, yes, that is my understanding.    SENATE PRESIDENT GIESSEL asked if Ms. Geary could speak  to the Legislative Council Moving and Travel Policy  before us, specifically page two of the policy, third  paragraph, in red text it refers to, Legislative staff  members based in the Capital and goes on to discuss the  stipend. Is this referring to staff who have relocated to  the Capital during the regular session, or staff who live  in the Capital?    MS. GEARY replied it is staff who relocate to the  Capital, which is why it is based on whether they are  eligible for staff relocation. I understand the need for  clarification, but the way it is interpreted is staff who  travel to the Capital during a regular legislative  session are not entitled to a daily per diem allowance,  and we just added that they may receive a lodging  stipend.    SENATE PRESIDENT GIESSEL asked if the wording could be  amended so it is blatantly clear. As Ms. Geary just  articulated, legislative staff members who travel, I  would add who travel and relocate to the Capital during  a regular legislative session are not entitled to.    CHAIR STEVENS asked Ms. Geary if there was difficulty in  changing that. Does that make it clearer in the  interpretation?    MS. GEARY replied she did not see an issue with that,  however, would like to ensure it does not affect any  other policy language. I think it could be a technical  and conforming change since we know the intent if this  motion passes. Ms. Geary asked Megan Wallace if she  agreed.    CHAIR STEVENS asked Megan Wallace to please come forward  and clarify.    MEGAN WALLACE, Director of Legal Services, Legislative  Affairs Agency, said it is her opinion that if we amended  the motion before the Committee just slightly to give the  Agency technical and conforming powers to edit the  language in the travel policy to conform to the intent of  this committee and the motion you adopt for the thirty  dollars per day lodging stipend, my office can work with  Ms. Geary to ensure the language is consistent throughout  and also conforms with your intent.    CHAIR STEVENS asked Senator Giessel if she was  comfortable with that.    SENATE PRESIDENT GIESSEL responded, yes, that sounds  great.    CHAIR STEVENS asked Senator Giessel for a motion to  amend.    SENATE PRESIDENT GIESSEL moved to amend the motion to  read, I move that Legislative Council adopt the proposed  changes to the Legislative Council Moving & Travel Policy  further the staff be empowered to make technical and  conforming changes to provide clarity.    CHAIR STEVENS asked if there was objection to the  amendment. Seeing none the motion has been amended. Are  there further comments?    REPRESENTATIVE KOPP this certainly can viewed as a staff- friendly amendment to offset their costs, which I fully  support on that basis alone, but as far as the  Legislative institution, that $900 per month is often the  difference between getting a good employee to come with  you to Juneau to help offset housing, which is  significant. I am very excited to support this because I  think it is long overdue to help our employees. It will  help us attract and retain a higher degree of employee  who would come if they had housing support. I also think  it sends a good message to the Juneau economic community  as they will benefit from this too having more people be  able to afford more and better housing. Hopefully, we  will not see the rates go up, but this is a good thing  for our Capital city and I hope they recognize that as  such.    SENATOR COGHILL said the tax policy that is driving this,  he has struggled with. Staff ranges and pay is pretty  good, but he does understand the tax ramifications. The  Legislature moved some years ago to include the travel  policy in getting staff to and from the Capital, which  was a significant move as well. We have worked hard at  trying to ensure it is staff friendly for people coming  and going. His concern is that this is getting to the  place where it might be a little too high. Because of the  tax issue, he said he will support this, but the moving  in and out of Juneau is tough and could push the economy  to increase rates, which is something to watch. Staff are  paid fairly well and what value we get from them outside  of session is very, very good, so this move is costly. He  said he was willing to have staff bear the cost until  this tax question came up, so that caused him some  consternation. He continued that this is probably a  reasonable compromise and will support it, but thinks we  have accommodated staff pretty significantly today.    REPRESENTATIVE JOHNSTON said former Senator Chris Birch  started talking about this when he was a Representative  in the minority. While it pains her to increase anything,  she does agree with this. She thought Senator Birch felt  the issue was more exaggerated for minority staff  members; even when he was in the majority, he felt it was  important to all staff. She thinks this is important to  lower level staff.    SENATOR HOFFMAN said to get an understanding of the  fiscal note, if there were one, there are approximately  110 staff times thirty days per month, times thirty  dollars, which would be approximately $100,000 per month.  He asked if this was correct.    MS. GEARY replied that her estimated figures were 120  staff who relocate, the maximum seen to date, in 121 days  of session, at thirty dollars per day would total  $435,600, and cost per staff would be $3,630.    REPRESENTATIVE STUTES respectfully asked to be excused  from the meeting and if she had an opportunity to vote on  this issue, would vote yes.    CHAIR STEVENS asked if there were further comments.  Seeing none, he requested a roll call vote.    11:42:52 AM  A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp.    NAYS: None    The motion passed 12-0.    11:43:46 AM  CHAIR STEVENS called a brief at ease.    11:44:13 AM  CHAIR STEVENS returned from at ease.      V. CONTRACT APPROVALS    A. Terry Miller Building Windows & Siding Change Order  #5    11:44:19 AM  SPEAKER EDGMON moved that Legislative Council approve  Change Order #5 with F&W Construction Company, Inc. in  the amount not to exceed $46,855.29 for the addition of  self-leveling grout and wood grounds to the sills at the  Terry Miller Legislative Office Building.    CHAIR STEVENS objected for purpose of discussion and  asked Ms. Geary to please explain this item.    JESSICA GEARY, Executive Director, Legislative Affairs  Agency, explained that while she certainly did not want  to bring another Change Order before this committee, this  is a result of the recently approved hazardous material  work. Once the hazardous materials were removed from the  window openings, the condition of the old concrete was  pocketed and not suitable to attach a window to, as the  photos in your packet indicate.    This Change Order is to approve extra hours and materials  for the contractor to add wood grounds and self-leveling  grout in all sills in order to attach the windows. The  Change Order amount is currently $46,855.29, different  than what was provided in your packet. Our Construction  Administrator with Jensen Yorba Wall, Dan Fabrello, who  is on the line, and I met with the contractor to review  their hours and reduced them significantly which brought  the cost from $78,000 initially requested to $46,000.  There is also a $1,900 credit for conduit work that was  not required. I am happy to answer any questions.    CHAIR STEVENS asked if there were any questions. He noted  that no one likes Change Orders, but once you are into a  project of this sort, things are going to happen. Seeing  no comments, he removed his objection and requested a  roll call vote.    11:46:57 AM  A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp.    NAYS: None    The motion passed 12-0.      B. Barrow Office Space Sublease Renewal    11:47:52 AM  SPEAKER EDGMON moved that that Legislative Council  approve renewal No. 1 of the sublease for Barrow Office  Space in the amount of $35,423.88.    CHAIR STEVENS asked JC Kestel to please explain this  item.    JC KESTEL, Procurement Officer, Legislative Affairs  Agency, said the original sublease agreement between LAA  and Arctic Slope Telephone Association Cooperative, Inc.  for office space in Barrow, or Utquiavik, was for a  three-year term that began January 1, 2017, and  terminates December 31, 2019. There are three sublease  renewal options available under the original sublease  agreement, each for a one-year period. We have not  exercised any of the renewal options yet.    The original sublease term expires on December 31, 2019.  The Legislative Affairs Agency would like approval to  proceed with Renewal No. 1 for the period January 1,  2020, through December 31, 2020. If Legislative Council  approves Renewal No. 1, this will leave two more renewals  of the sublease available. This sublease exceeds $35,000  in one fiscal year; therefore, Legislative Council's  approval is required.    CHAIR STEVENS asked if there were any questions. Seeing  none, he removed his objection and requested a roll call  vote.    11:49:39 AM  A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp.    NAYS: None    The motion passed 12-0.      C. Lexis Nexis Contract Renewal    11:50:27 AM  SPEAKER EDGMON moved that Legislative Council approve the  two-year renewal of the contract with Lexis Nexis for the  publication of our statutes for extension of the contract  to December 31, 2022.    CHAIR STEVENS objected for purposes of discussion and  asked Megan Wallace to please explain this item.    MEGAN WALLACE, Director of Legal Services, Legislative  Affairs Agency, said she was here today on behalf of the  Revisor of Statutes, Jean Mischel, whose memo in your  packet explains the status of contracts with Lexis Nexis  (Mathew Bender).    As most of you know, Lexis Nexis publishes the Alaska  Statutes and has for a number of years. When they  converted to a new software there were some issues in the  publication of our statutes in 2017 and 2018. Since then,  Ms. Mischel and her Assistant Revisors, Hilary Martin and  Katherine Kurtz, have done an excellent job working with  the publisher, so we are back on track and hope to have  our statutes produced in a more timely and efficient  manner.    Given the relationship and familiarity with Lexis Nexis  and our statutes and publication process, we strongly  recommend the Councils support of continuing with Lexis  Nexis as our publisher.    One issue to make you aware of, there is currently a case  pending before the United States Supreme Court where the  State of Georgia had their copyright of their annotations  in their statute nullified by the eleventh circuit court.  An organization called Public Resource Organization, Inc.  has sought to make the annotations compiled by the  publisher public information not subject to the  copyright.    This is an issue for many states. While states publish  their statutes in different manners, several states are  like Alaska and use Lexis Nexis or Westlaw (another large  statute publisher). The outcome of this case and the  ability of states to copyright, not the laws that  Legislatures make, but the annotations that the  publishers produce, may have an impact on our contract  moving forward.    Our revisors, other states, and our publisher are all  watching this issue closely and hopeful that the Supreme  Court will reverse the eleventh circuit decision. The  State has signed on an amicus brief in support of states  maintaining their copyright of the annotation that the  publishers produce, for example the Alaska Legislature  holds the copyright for our annotations that are  published by Lexis Nexis. We await the outcome of that  decision.    CHAIR STEVENS asked if there were any questions. Seeing  none, he removed his objection and requested a roll call  vote.    11:54:16 AM  A roll call vote was taken.    YEAS: Senators Coghill, Costello, Giessel, Hoffman,  Stedman, Stevens, von Imhof; Representatives Edgmon,  Foster, Johnson, Johnston, Kopp.    NAYS: None    The motion passed 12-0.      VI. ADJOURN    CHAIR STEVENS said if there is nothing further to come  before the Council, we are adjourned.    11:54:54 AM