Legislature(2021 - 2022)

10/05/2021 11:00 AM House LEGISLATIVE COUNCIL

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Audio Topic
11:03:48 AM Start
12:11:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 10/04/21 --
-- Testimony <Invitation Only> --
+ - Ratification of Charitable Event TELECONFERENCED
a.Junior Achievement of Alaska—Alaska Business
Hall of Fame Event
-Committee Business
a. Amendment to COVID-19 Mitigation Policy
b. COVID-19 Testing/Services Contract
-Other Committee Business
a. Late Travel Reimbursement Request
**Streamed live on AKL.tv**
                     ALASKA STATE LEGISLATURE                                                                                 
                        LEGISLATIVE COUNCIL                                                                                   
                                                                                                                              
                         OCTOBER 05, 2021                                                                                     
                             11:00 AM                                                                                         
                                                                                                                              
     MEMBERS PRESENT                                                                                                          
     Representative Sara Hannan, Chair                                                                                        
     Senator Lora Reinbold, Vice Chair                                                                                        
     Representative Matt Claman                                                                                               
     Representative Bryce Edgmon                                                                                              
     Representative Neal Foster                                                                                               
     Representative Louise Stutes                                                                                             
     Representative Cathy Tilton                                                                                              
     Representative Chris Tuck                                                                                                
     Senator Click Bishop                                                                                                     
     Senator Peter Micciche                                                                                                   
     Senator Mike Shower                                                                                                      
     Senator Bert Stedman                                                                                                     
     Senator Gary Stevens                                                                                                     
                                                                                                                              
     MEMBERS ABSENT                                                                                                           
     Senator Lyman Hoffman                                                                                                    
     Senator Shelley Hughes (alternate)                                                                                       
                                                                                                                              
     OTHER MEMBERS PRESENT                                                                                                    
     Representative Steve Thompson                                                                                            
                                                                                                                              
     AGENDA                                                                                                                   
     CALL TO ORDER                                                                                                            
     APPROVAL OF AGENDA                                                                                                       
     RATIFICATION OF CHARITABLE EVENT                                                                                         
     COMMITTEE BUSINESS                                                                                                       
     OTHER COMMITTEE BUSINESS                                                                                                 
     ADJOURN                                                                                                                  
                                                                                                                              
     SPEAKER REGISTER                                                                                                         
     Jessica Geary, Executive Director, Legislative Affairs                                                                   
     Agency (LAA)                                                                                                             
                                                                                                                              
       11:03:48 AM                                                                                                          
                                                                                                                              
  I. CALL TO ORDER                                                                                                          
                                                                                                                              
       CHAIR HANNAN  called  the  Legislative  Council  meeting  to                                                           
       order at  11:03  AM in  the  House Finance  Committee  Room.                                                           
       Present at the  call were:  Representatives Claman,  Edgmon,                                                           
       Foster, Hannan, Stutes,  Tilton; Senators Bishop,  Reinbold,                                                           
       Stedman, Stevens.                                                                                                      
                                                                                                                              
       Representative Tuck  joined  at  11:05am;  Senate  President                                                           
       Micciche joined  at 11:13am;  and Senator  Shower joined  at                                                           
       11:25am.                                                                                                               
                                                                                                                              
       Members absent were: Senators Hoffman and Hughes.                                                                      
                                                                                                                              
       Thirteen members present.                                                                                              
                                                                                                                              
 II. APPROVAL OF AGENDA                                                                                                     
                                                                                                                              
     11:05:17 AM                                                                                                          
       VICE-CHAIR REINBOLD moved and  asked unanimous consent  that                                                           
       the Legislative Council approve the agenda as presented.                                                               
                                                                                                                              
       CHAIR HANNAN,  noting  no  objection, said  the  agenda  was                                                           
       approved.                                                                                                              
                                                                                                                              
III. RATIFICATION OF CHARITABLE EVENT                                                                                       
                                                                                                                              
       11:05:38 AM                                                                                                          
       VICE-CHAIR REINBOLD moved and  asked unanimous consent  that                                                           
       the Legislative Council  ratify the  Chairs  sanctioning  of                                                           
       the following  charitable event  per AS  24.60.080(a)(2)(B):                                                           
       Junior Achievement of Alaskas   Business Hall of Fame  Event                                                           
         Thursday, January 20, 2022, Denaina Center, Anchorage.                                                               
                                                                                                                              
       CHAIR HANNAN  objected for  the purposes  of discussion  and                                                           
       said she had already  sanctioned this event after  verifying                                                           
       that it  was a 501(c)(3)  organization. She  asked if  there                                                           
       were any  questions or  discussion surrounding  that  before                                                           
       ratification.  After  noting  neither  of  the  above,   she                                                           
       removed her  objection, and stated  that the  event was  now                                                           
       ratified.                                                                                                              
                                                                                                                              
 IV. COMMITTEE BUSINESS                                                                                                     
                                                                                                                              
       11:06:50 AM                                                                                                          
       VICE-CHAIR REINBOLD  moved  that Legislative  Council  adopt                                                           
       the COVID-19 Mitigation Policy as amended.                                                                             
                                                                                                                              
     CHAIR HANNAN noted  that members had  copies of the  current                                                             
     policy and  that  there were  a  couple options  before  the                                                             
     Council. She  gave  the  floor to  the  Legislative  Affairs                                                             
     Agencys  Executive Director, Jessica Geary, to walk  members                                                             
     through proposed changes to  COVID-19 policy and respond  to                                                             
     questions.                                                                                                               
                                                                                                                              
     JESSICA GEARY stated her name and title for the  record. She                                                             
     described  the  proposed  changes  to  clarify  the  masking                                                             
     section of the  policy, noting the  current policy said  N95                                                             
     masks were  not  allowable. The  intent,  she said,  was  to                                                             
     disallow masks with  exhalation valves,  but the new  policy                                                             
     would allow the use of  N95 masks. She said the  substantive                                                             
     changes  were   under  Section   III,  Cycle   Testing   and                                                             
     Screening. Ms.  Geary said  the two  options before  members                                                             
     were considered to offer  flexibility to members during  the                                                             
     fourth special session and all the unknowns that  would come                                                             
     with it. She explained that  she reached out to Beacon,  the                                                             
     Legislature's  previous  COVID  mitigation  contractor,  and                                                             
     learned they had  a contract with the  State of Alaska  that                                                             
     covered all State  facilities. We explored  this option  and                                                             
     while  simple,  it  offered   fewer  servicesit   would   be                                                             
     essentially staff  time and  testing (no  screening,  etc.).                                                             
     The other  option would be  to create  a separate  contract,                                                             
     hire screeners,  and create  clearance  cards all  of  which                                                             
     could use  some funds  left from  Beacons  January  contract                                                             
     with the Legislature. She said  she was aware this might  be                                                             
     confusing  and  would  be  glad  to  take  questions  before                                                             
     continuing.                                                                                                              
                                                                                                                              
     SENATOR STEVENS thanked Ms. Geary for the options  and asked                                                             
     from a purely fiscal point of view which cost less.                                                                      
                                                                                                                              
     MS.  GEARY  said  the  first  option  would  not   cost  the                                                             
     Legislature any additional funds.                                                                                        
                                                                                                                              
     REPRESENTATIVE  TILTON  stated   that  the  current   policy                                                             
     focused on personal responsibility which she preferred  over                                                             
     required testing,  etc.  She said  she  wanted to  bring  to                                                             
     members  attention that when the masking policy was  created                                                             
     during  the  last  meeting,   there  was  discussion   about                                                             
     following the  lead of  the city  in which  the meeting  was                                                             
     being held (Juneau) in both  the Capitol as well as in  LIOs                                                             
     around the  state.  She  thought  that  other  cities'  mask                                                             
     policies should be  honored by  the Legislative  Information                                                             
     Offices within them. She then asked what,  individuals  must                                                             
     test at least every four days meant.                                                                                     
                                                                                                                              
       MS. GEARY said that  individuals  in the policy  referred to                                                           
       those who were required to participate in cycle  testing, so                                                           
       was a continuation of the previous policy.                                                                             
                                                                                                                              
       REPRESENTATIVE  TILTON  confirmed  that   individuals   then                                                           
       referred  to   legislators   and  legislative   staff,   and                                                           
       expressed she  was concerned  about  members of  the  public                                                           
       being asked to test, etc.                                                                                              
                                                                                                                              
       MS. GEARY said  that it would be  up to Legislative  Council                                                           
       to draft  any policy  extending testing  to  members of  the                                                           
       public,  but  as  this  policy  was  written,  it  was  only                                                           
       currently required that visitors to the Capitol  self-screen                                                           
       for symptoms and not enter if they had COVID-19 symptoms.                                                              
                                                                                                                              
       REPRESENTATIVE TILTON  said that  Option 2  limited  Capitol                                                           
       access to  just screening  stations and  asked  if Option  1                                                           
       would not limit access.                                                                                                
                                                                                                                              
       MS. GEARY  said that  was correct;  that Option  1 could  be                                                           
       viewed as more of an honor system policy.                                                                              
                                                                                                                              
       VICE-CHAIR REINBOLD said that first,  under Item 4, it  said                                                           
       that legislators  and  legislative  staff  must  isolate  as                                                           
       directed by health authorities.  She wanted to know who  the                                                           
       health authorities  were and  what was  being directed  with                                                           
       the word isolate.                                                                                                      
                                                                                                                              
       MS. GEARY said  that language did  not change from  previous                                                           
       policy and said  what it  meant was if  one tested  positive                                                           
       they would be directed  to quarantine as directed by  public                                                           
       health.                                                                                                                
                                                                                                                              
       VICE-CHAIR REINBOLD  said she  was concerned  that,   health                                                           
       authorities was too broad of language.                                                                                 
                                                                                                                              
       MS. GEARY said  the intent was  the health authorities  with                                                           
       the State or  Municipality, whoever  was conducting  contact                                                           
       tracing for that area. Contact  tracing was not part of  the                                                           
       contract being considered today,  unlike last session  where                                                           
       contractors were  providing contact  tracing and  quarantine                                                           
       services.                                                                                                              
                                                                                                                              
       VICE-CHAIR REINBOLD said so this  is basically on the  honor                                                           
       system?                                                                                                                
                                                                                                                              
       MS.  GEARY responded  yes,  in  a  sense,  but  it  was  her                                                           
       understanding  that  if  someone  tested  positive,   public                                                           
     health would contact  them and let them  know that they  are                                                             
     to be quarantining for whatever that time period is.                                                                     
                                                                                                                              
     VICE-CHAIR REINBOLD asked if the PCR tests were  still under                                                             
     Emergency  Use  Authorization  or  if  they  had  been   FDA                                                             
     approved.                                                                                                                
                                                                                                                              
     MS. GEARY said she did not have that information.                                                                        
                                                                                                                              
     VICE-CHAIR REINBOLD said that it was her understanding  they                                                             
     were currently still under  Emergency Use Authorization  and                                                             
     therefore could not be mandated  and said she would vote  no                                                             
     because  she   believed   it   to  be   both   illegal   and                                                             
     unconstitutional. She said she was concerned that she  could                                                             
     not know  who  the  provider  would be  and  what  would  be                                                             
     required. She  said for  the record  that if  there was  any                                                             
     news about a contract with  Beacon, she had not yet seen  it                                                             
     and would like  to know everything there  was to know  about                                                             
     that  contract  and  expressed  concerns  about  legislators                                                             
     being leaders and representing their constituents but  being                                                             
     forced to  do  things against  their  will and  against  the                                                             
     constitution.   She    described    this   as    the    most                                                             
     unconstitutional thing she had ever seen.                                                                                
                                                                                                                              
     CHAIR HANNAN clarified  for the  record that  Representative                                                             
     Tuck joined  the Council  at  11:05am and  Senator  Micciche                                                             
     joined at 11:13am.                                                                                                       
                                                                                                                              
     REPRESENTATIVE  CLAMAN  asked  scheduling  questions   about                                                             
  Option 1, and detailed specific travel days to explain.                                                                     
                                                                                                                              
     MS. GEARY said  that with  travel, this would  be a  concern                                                             
     for many legislators.  She said the  current advice is  that                                                             
     when one traveled, they would test afterward. She  continued                                                             
     that this policy  said one PCR test  would be available  and                                                             
     following tests would  be antigen rapid  tests with  results                                                             
     available in thirty minutes.                                                                                             
                                                                                                                              
     REPRESENTATIVE CLAMAN asked if  these tests were related  to                                                             
     Capitol access,  rather  than  LIOs  and  other  Legislative                                                             
     facilities.                                                                                                              
                                                                                                                              
     MS. GEARY confirmed that  was correct; this was specific  to                                                             
     the Capitol Complex.                                                                                                     
                                                                                                                              
     REPRESENTATIVE CLAMAN clarified that  he would only need  to                                                             
     test upon returning to the Capitol.                                                                                      
                                                                                                                              
     MS. GEARY confirmed that was correct.                                                                                    
                                                                                                                              
       REPRESENTATIVE CLAMAN  reconfirmed  that  this  policy  only                                                           
       applied to  Capitol  Complex  and  not to  LIOs  around  the                                                           
       state.                                                                                                                 
                                                                                                                              
       MS. GEARY confirmed he was  correct and said that there  was                                                           
       not testing  resources  through  the  Legislature  in  those                                                           
       facilities, but  if  this  Council wanted  to  make  testing                                                           
       available in those communities, she could check into that.                                                             
                                                                                                                              
       REPRESENTATIVE CLAMAN  asked  where in  Juneau  the  testing                                                           
       would be held.                                                                                                         
                                                                                                                              
       MS. GEARY said it would be in the Assembly Building.                                                                   
                                                                                                                              
       REPRESENTATIVE TUCK detailed  a resolution  that had  passed                                                           
       the House and was being considered by the Senate  that would                                                           
       allow committee meetings  to be  held in  the Anchorage  LIO                                                           
       with public participation.  He asked  if that passed,  would                                                           
       there be  any concern about  testing in  Anchorage, or  were                                                           
   members only worried about COVID-19 spread in Juneau.                                                                      
                                                                                                                              
       MS. GEARY  said  it was  her  understanding that  there  was                                                           
       COVID-19  concern  statewide,  but  that  this  policy  only                                                           
       contemplated the Capitol Complex, but  if it was the  intent                                                           
       of the Legislature to have meetings in Anchorage,  then this                                                           
       committee could ask her  to investigate testing options  for                                                           
       the Anchorage LIO.                                                                                                     
                                                                                                                              
       REPRESENTATIVE TUCK expressed that  the Legislature was  not                                                           
       at present taking  into consideration  any meetings  outside                                                           
       of Juneau.                                                                                                             
                                                                                                                              
       CHAIR HANNAN said  it was  at her direction  that Ms.  Geary                                                           
       was asked to investigate the possibilities of expanding  the                                                           
       Legislatures  mitigation  policy  in the  wake of  a  fourth                                                           
       special session in  the Capitol  Complex. She  said she  did                                                           
       not ask  her to  investigate  trying to  institute  COVID-19                                                           
       mitigation  policies   stronger  than   masking  and   self-                                                           
       screening at any other  LIOs or locations across the  state.                                                           
       The impetus  was a  gathering  of sixty  Legislators  coming                                                           
       together  from   a   variety   of   points   around   Alaska                                                           
       concentrated together,  so  that is  where the  two  options                                                           
       originated as to  what to  do for this  complex during  this                                                           
       special session, but it would retain self-screening, face-                                                             
       covering, and masking in all locations.                                                                                
                                                                                                                              
       CHAIR HANNAN noted Senator  Showers  arrival to the  meeting                                                           
       at 11:25am.                                                                                                            
                                                                                                                              
     VICE-CHAIR  REINBOLD  said  she  wanted  to  make  sure  she                                                             
     understood clearly that under  cycle testing and  screening,                                                             
     both options required test participation of legislators  and                                                             
     staff to  access the  Capitol, but  not of  the public.  She                                                             
     asked if that was true.                                                                                                  
                                                                                                                              
     CHAIR HANNAN confirmed that she was correct.                                                                             
                                                                                                                              
     VICE-CHAIR REINBOLD  said that  that legislators  and  staff                                                             
     would not be allowed to  access the Capitol if they did  not                                                             
     take a  non-FDA  approved  test, meaning  the  policy  would                                                             
     block them from  performing their fiduciary  responsibility.                                                             
     She  said  this  policy  made  CDC  guidance  mandatory  for                                                             
     isolation  and  contact  tracing  even  though  federal  law                                                             
     stated EUA could  not be  mandated, state law  said EUA  was                                                             
     opt-in, and the constitution required legislators and  staff                                                             
     to be in  the Capitol. She  stated again  that this was  the                                                             
     most unconstitutional thing she had  ever seen and that  she                                                             
     would vote an absolute and passionate no.                                                                                
                                                                                                                              
     SENATE PRESIDENT  MICCICHE  acknowledged  his  lateness  and                                                             
     confirmed he had the correct  paperwork in front of him  and                                                             
     then asked for more information about the types  of approved                                                             
     masks.                                                                                                                   
                                                                                                                              
     MS. GEARY said that  updates included adding under  approved                                                             
     face shields  with  a droplet barrier,   and under  masking,                                                             
     approved  clear  masks,  gaiters   made  of  tightly   woven                                                             
     material of  multiple layers.  She  said that  scarves  were                                                             
     added to  the list of  unacceptable face  coverings and  N95                                                             
     masks were removed from that list.                                                                                       
                                                                                                                              
     SENATE PRESIDENT MICCICHE stated his question was how  those                                                             
     updates interacted with Options  1 and 2,  or if that was  a                                                             
     separate document and may not be what was being discussed.                                                               
                                                                                                                              
     MS. GEARY said that in both Options, the masking  policy was                                                             
     identical. The only substantial  changes, she said, were  in                                                             
     Section 3  under Cycle  Testing &  Screening, as  well as  a                                                             
     Risk Level Notification  requirement which  stated that  her                                                             
     office  would  notify  legislators  and  staff  of  whatever                                                             
     protocols were going on at that particular facility.  These,                                                             
     she said, were the only differences, and then said  Option 1                                                             
     was  more of  an   honor  system   and  Option  2  had  some                                                             
 requirements for verification of negative COVID-19 test.                                                                     
                                                                                                                              
     SENATE  PRESIDENT  MICCICHE  asked  if  Option  1   included                                                             
     individuals who had regular business in the Capitol or not.                                                              
       MS.  GEARY  confirmed  that   those  individuals  were   not                                                           
       included.                                                                                                              
                                                                                                                              
       SENATE PRESIDENT  MICCICHE spoke  about the  compliance  and                                                           
       scheduling issues  when  cycle  testing was  every  day  and                                                           
       asked if  it was  possible to  do once-weekly  testing  like                                                           
       members and staff had done at one point, citing the  ease of                                                           
       that method.                                                                                                           
                                                                                                                              
       CHAIR HANNAN said she  was not sure  she was able to  answer                                                           
       that question and  informed him  of Representative  Clamans                                                            
       scheduling/travel  question  from  earlier.  She  said  that                                                           
       Option 1,  being an  honor system,  could allow  for such  a                                                           
       scenario as weekly testing, but that she believed  there was                                                           
       a reason within the definition of cycle testing that  led to                                                           
       the policy being written as it was currently. She  asked Ms.                                                           
       Geary if she would confirm.                                                                                            
                                                                                                                              
       MS. GEARY said that  she was correct,  and to have a  robust                                                           
       testing program there  had to  be repetition  of tests,  and                                                           
       the best way to catch  positive cases is to test every  four                                                           
       days. That  is  more feasible  if  everyone was  in  Juneau,                                                           
       which is common during regular session, but less  likely for                                                           
       special session.                                                                                                       
                                                                                                                              
       SENATE PRESIDENT MICCICHE thanked  them both and  apologized                                                           
       for being late and having to be filled in.                                                                             
                                                                                                                              
       CHAIR HANNAN  said  it  was  no problem  and  let  him  know                                                           
       members had  not yet had  a motion  on one  option over  the                                                           
       other but were currently discussing both options.                                                                      
                                                                                                                              
       SENATOR STEVENS asked if  the existing contract between  the                                                           
       State and Beacon would extend into next regular session.                                                               
                                                                                                                              
       MS. GEARY  said that  work  was being  done to  extend  that                                                           
       contract, and  that  the  current  policy did  not  have  an                                                           
       expiration so it would be up to this committee to  change or                                                           
       end it.                                                                                                                
                                                                                                                              
       SENATOR STEVENS asked  the Chair  if she recommended  either                                                           
       of the two options.                                                                                                    
                                                                                                                              
       CHAIR HANNAN  said that  her  understanding was  the  policy                                                           
       exists until members amend  it again, but that members  were                                                           
       not trying to anticipate all the needs that they  would have                                                           
       for regular session  come January. She said  she was of  two                                                           
       minds and  seeking guidance  from the  committee. Option  1,                                                           
       she  said,   served  the   Legislature  in   a   low-traffic                                                           
     environment due to its low  fiscal cost, but was reliant  on                                                             
     members to  follow policy,  participating in  cycle  testing                                                             
     without verification.  She said  that if  sixty members  and                                                             
     their staff were concentrated for ten days, some  from high-                                                             
     transmission  communities,  Option  2  would  be  the   most                                                             
     health-protective, but  at  substantial  cost.  The  traffic                                                             
     flow of the  building for special  session could guide  this                                                             
     decision; she  thought  it may  be  low traffic,  but  other                                                             
     members have more accurate estimates.                                                                                    
                                                                                                                              
     SENATOR STEVENS said  he thought  it was  important to  hear                                                             
     her thoughts as she had  spent more time on this issue  than                                                             
     others, and that he believed it made sense to  continue with                                                             
     Option 1  through special  session and  then reevaluate  for                                                             
     regular session. He thanked  the Chair for her thoughts  and                                                             
     said he believed he supported Option 1.                                                                                  
                                                                                                                              
     VICE-CHAIR REINBOLD said  that she let  her leadership  know                                                             
     she  could  not  make  this  motion  and  now   that  Senate                                                             
     President Micciche was here,  she was going to withdraw  her                                                             
     motion of  this  policy  based  on the  illegality  and  the                                                             
     constitution.                                                                                                            
                                                                                                                              
     SENATOR  BISHOP   requested  that   the  Vice-Chair   repeat                                                             
     herself.                                                                                                                 
                                                                                                                              
     VICE-CHAIR REINBOLD said that she notified Senate  President                                                             
     Micciche that  she could not  make this  motion. Because  he                                                             
     was not  here at  the  beginning of  the meeting,  she  went                                                             
     ahead and made the  motion, however she was now  withdrawing                                                             
     it due to  her belief that  it is illegal  on a federal  and                                                             
     state level as well as unconstitutional. If the  Chair would                                                             
     like someone else to make this motion, the  Vice-Chair asked                                                             
     that she do so.                                                                                                          
                                                                                                                              
     11:39:29 AM                                                                                                            
     SPEAKER STUTES moved that the Legislative Council adopt  the                                                             
     COVID-19 mitigation policy Option 1.                                                                                     
                                                                                                                              
  VICE-CHAIR REINBOLD and REPRESENTATIVE TILTON objected.                                                                     
                                                                                                                              
     REPRESENTATIVE TILTON  said she  had spoken  with Ms.  Geary                                                             
     about the policy and objected for two reasons:  she believed                                                             
     the  masking   policy  within   LIOs  should   follow   that                                                             
     communitys  guidance  and that she  was a  firm believer  in                                                             
     personal responsibility  already  outlined  in  the  present                                                             
     COVID-19 policy.                                                                                                         
                                                                                                                              
       VICE-CHAIR REINBOLD  said she had  made it  very clear  that                                                           
       she  believed this  PCR  test  could  not  be  mandated  and                                                           
       therefore this policy violated federal law. She said  Alaska                                                           
       was an  opt-in,  not  opt-out  state and  she  had  her  own                                                           
       providers in  Juneau, Anchorage,  and Eagle  River, and  she                                                           
       wanted to have them taking  care of her, not the policy.  In                                                           
       her  mind   it   was   not  justified   to   challenge   her                                                           
       constitutional obligation  to vote  in the  Capitol and  she                                                           
       did not  want her staff  or herself  to be  barred based  on                                                           
       what   she   believed   was   an   illegitimate,    illegal,                                                           
       unconstitutional action, so she would be a no vote.                                                                    
                                                                                                                              
       SENATOR SHOWER apologized for being late to the meeting  and                                                           
       said that the day  before, he requested the latest  COVID-19                                                           
       data from  a health  official  in Alaska  who told  him  the                                                           
       Delta variant was  beginning to taper off  and with much  of                                                           
       the  Legislature  vaccinated,  he  believed  no  policy  was                                                           
       necessary and certainly supported the lowest cost option  if                                                           
       one must be  imposed. He  said that this  official had  said                                                           
       there were only  five patients in  Juneau's hospital due  to                                                           
       COVID-19  complications,  that   Anchorage  hospitals   were                                                           
       performing elective surgeries, and  that he did not  believe                                                           
       the data suggesting the  healthcare system was stressed.  He                                                           
       said masking and  self-testing were enough  for the  present                                                           
       COVID-19 forecast in his view,  and that he did not  support                                                           
       taking a step  backward. The Senator said  he did not  think                                                           
       the policy was necessary but would defer to the council.                                                               
                                                                                                                              
       CHAIR HANNAN asked the  Senator, since he had requested  his                                                           
       comments to  be put  on the  record, to  share formally,  in                                                           
       writing, the guidance and  numbers data he received as  well                                                           
       as the name of the  health official he cited with Ms.  Geary                                                           
       and the Chair.                                                                                                         
                                                                                                                              
       SENATOR SHOWER said he would.                                                                                          
                                                                                                                              
       CHAIR HANNAN said  that since Senator  Shower mentioned  the                                                           
       community of Juneaus  vaccination rates, she wanted to  make                                                           
       it clear that  this policy  was not for  the community,  but                                                           
       only to  legislators and staff.  It was  her viewpoint  that                                                           
       although  the  community  data  would  be  relevant  if  the                                                           
       committee was  applying  it  to  everyone  who  entered  the                                                           
       Capitol, that was not the case so the fact  that legislators                                                           
       were coming from  sixty different locations,  each of  those                                                           
       locations  would have  to  be  considered  in  the  data  to                                                           
       estimate the  risk  factors  for  individuals  entering  the                                                           
       building.                                                                                                              
                                                                                                                              
     SENATOR SHOWER said  he was not  necessarily trying to  sway                                                             
     the discussion but was trying  to point it out so there  was                                                             
     a broader base  of information for  members to consider  and                                                             
     would send the data he had received to her and Ms. Geary.                                                                
                                                                                                                              
     REPRESENTATIVE TUCK asked if  anyone had been keeping  track                                                             
     of  visitor  numbers  to  the  Capitol  since  opening   the                                                             
     building to the public.                                                                                                  
                                                                                                                              
     MS. GEARY  said  that we  do  not  track every  visitor  who                                                             
     enters the Capitol.  There was a  tour guide program  during                                                             
     the summer  months that  tracked visitor  numbers on  guided                                                             
     tours, but there are no  numbers on how many people  visited                                                             
     on their own.                                                                                                            
                                                                                                                              
     REPRESENTATIVE  TUCK  asked  if   there  were  any   testing                                                             
     requirements for these people to visit the Capitol.                                                                      
                                                                                                                              
     MS.  GEARY  said  there   was  no  requirement  aside   from                                                             
     individuals being made  to mask and asked  to keep six  feet                                                             
     from anyone working in the building.                                                                                     
                                                                                                                              
     REPRESENTATIVE TUCK said  that if members  were going to  be                                                             
     testing and limiting  public access to  those being  tested,                                                             
     he believed reevaluation  of masking  requirements was  due.                                                             
     He didnt  want to close the Capitol to the  public, however,                                                             
     if that  must happen  and just  legislators  and staff  were                                                             
     able to  access  the  building,  masking  policies  must  be                                                             
     reevaluated. He said he  had both options in writing  before                                                             
     him but was not sure which  was which and asked to have  the                                                             
     current option being considered identified for him.                                                                      
                                                                                                                              
     MS. GEARY said that  the committee was discussing Option  1,                                                             
     that there  was no prohibition  of visitors  to the  Capitol                                                             
     because the  initial State contract  did not  extend to  all                                                             
     visitors  to  the  Capitol   complex  as  it  only   covered                                                             
     legislators and staff.  She said  visitors were expected  to                                                             
     self-screen.  The  reason  Option  2  includes   individuals                                                             
     outside of  legislators and  staff  is because  this  option                                                             
     contemplates the  Legislature  having  a  separate  contract                                                             
     directly with Beacon.                                                                                                    
                                                                                                                              
     REPRESENTATIVE TUCK  asked again  to have  help  identifying                                                             
     which piece of  paper was which option,  as neither of  them                                                             
     were labeled as  such. He read  the differences between  the                                                             
     two.                                                                                                                     
                                                                                                                              
     CHAIR HANNAN let  him know that  the first  one he read  was                                                             
     Option 1.                                                                                                                
                                                                                                                              
       REPRESENTATIVE TUCK thanked her and  said he thought it  was                                                           
       a bit premature to consider a policy as members did  not yet                                                           
       know how often they would  be in the Capitol during  special                                                           
       session.                                                                                                               
                                                                                                                              
       REPRESENTATIVE TILTON  said  she  believed  there  was  some                                                           
       misunderstanding about Option  1; the wording  made it  seem                                                           
       like members  of  the public  would  be  asked to  test  and                                                           
       recommended rephrasing the paragraph for clarity.                                                                      
                                                                                                                              
       CHAIR HANNAN asked if the Representative would like to  make                                                           
       a motion to amend the phrasing of the policy.                                                                          
                                                                                                                              
       11:52:19 AM                                                                                                          
       REPRESENTATIVE  TILTON  proposed  that  under  item   three,                                                           
        Cycle Testing &  Screening,  that at the  end of the  first                                                           
       paragraph,   the   word     Those    be   inserted    before                                                           
        individuals.                                                                                                          
                                                                                                                              
       CHAIR HANNAN asked if there were any objections.                                                                       
                                                                                                                              
       SENATE PRESIDENT  MICCICHE said  he did  not understand  and                                                           
       asked if Representative Tilton would repeat herself.                                                                   
                                                                                                                              
       CHAIR HANNAN offered  to repeat it  and said  at the end  of                                                           
       the first  sentence under  bullet point  three, add   those                                                            
       and add the following  paragraph to read  those  individuals                                                           
       must be tested every four days....                                                                                     
                                                                                                                              
       SENATOR SHOWER asked for clarification.                                                                                
                                                                                                                              
       CHAIR HANNAN said she was trying to clarify that  the people                                                           
       who would  be testing would  be legislators  and staff,  the                                                           
       lead noun of the first sentence.                                                                                       
                                                                                                                              
       SENATOR SHOWER  asked,  just  to  be clear,  if  that  would                                                           
       affect the status of the Capitol being open to the public.                                                             
                                                                                                                              
       CHAIR HANNAN said  it would not affect  the public and  that                                                           
       it was Representative  Tiltons  intent  that this policy  of                                                           
       cycle  testing   would  only   apply  to   legislators   and                                                           
       legislative staff.                                                                                                     
                                                                                                                              
       REPRESENTATIVE TUCK clarified to  make sure that the  public                                                           
       would just have to self-screen, not test.                                                                              
                                                                                                                              
       CHAIR HANNAN said he was correct.                                                                                      
                                                                                                                              
     11:54:19 AM                                                                                                            
     REPRESENTATIVE TUCK  said he  did  not understand  why  they                                                             
     impose such  rules for  themselves when  they wouldnt   hold                                                             
     people walking in  off the street  to the same  restriction,                                                             
     and repeated that  this policy  enactment seemed  premature.                                                             
     He said he would like to make a motion to table  this policy                                                             
     until Friday, October 8, 2021.                                                                                           
                                                                                                                              
     CHAIR HANNAN said  she currently had a  motion to amend  and                                                             
     wanted to  resolve  that  before  taking up  the  motion  to                                                             
     table.                                                                                                                   
                                                                                                                              
     SENATOR  STEVENS   said  that   a  motion   to  table   took                                                             
     precedence, has no discussion,  and members need to vote  on                                                             
     that motion.                                                                                                             
                                                                                                                              
     CHAIR HANNAN  noted that  there  is a  motion to  table  the                                                             
     mitigation  policy  until  Friday,  October  8,  2021,   and                                                             
     requested a roll call vote.                                                                                              
                                                                                                                              
   11:55:54 AM                                                                                                            
   A roll call vote was taken.                                                                                                
                                                                                                                              
     YEAS:  Representatives  Tilton,  Tuck;  Senators   Micciche,                                                             
     Shower, Reinbold.                                                                                                        
                                                                                                                              
     NAYS:  Representatives  Claman,   Edgmon,  Foster,   Hannan,                                                             
     Stutes; Senators Bishop, Stedman, Stevens.                                                                               
                                                                                                                              
     With 5 yeas and 8 nays, the motion failed.                                                                               
                                                                                                                              
     CHAIR HANNAN  asked  again if  there  was any  objection  to                                                             
     Representative  Tilton's  earlier  motion  to  amend.   Upon                                                             
     noting no objections, the policy was amended.                                                                            
                                                                                                                              
     She said,  that brings us  back to  the main  motion of  the                                                             
     policy of Option 1 before us. As Chair, she  appreciated the                                                             
     fortitude of  committee  members to  go  back and  forth  on                                                             
     scheduling, and because of  that she asserted that this  was                                                             
     not premature and  having a  policy that could  be acted  on                                                             
     and planned  around was  beneficial to  all members   staff,                                                             
     support  staff,  and  legislators  themselves.  By  adopting                                                             
     Option 1, she said, if  the Council chose to, they would  be                                                             
     continuing to  use  an existing  State  contract and  if  on                                                             
     Friday, policy needed to  be amended, members would  benefit                                                             
     from the flexibility with no additional cost. If,  she said,                                                             
     special session  ended up  lasting  30 days,  members  could                                                             
     decide to increase mitigations as necessary. At this  point,                                                             
     she said, Option  1 gave the Council  the most options  with                                                             
       the smallest cost and  allowed them to proceed with  tighter                                                           
       or looser mitigation  efforts as  needed. She recommended  a                                                           
       yes vote on the motion to adopt Option 1.                                                                              
                                                                                                                              
       REPRESENTATIVE  EDGMON  said   that  Representative   Tucks                                                            
       comments had merit and  perhaps he could have supported  the                                                           
       motion to table, but on  the other hand (inaudible) he  felt                                                           
       that at this stage, it  was better to have more  protections                                                           
       than  fewer.  With  that  in  mind,  he  said  he  would  be                                                           
       supporting Option  1 and  would  like to  keep a  close  eye                                                           
       going forward if mitigation efforts could be decreased.                                                                
                                                                                                                              
       REPRESENTATIVE TUCK  said  he  would also  vote  to  support                                                           
       Option 1,  but did  not  understand, unless  it was  a  cost                                                           
       issue, why  the  Legislature  would  not  test  the  general                                                           
       public  accessing  the  Capitol  if  members   efforts  were                                                           
       intended to  reduce  the  spread  of COVID-19.  He  said  it                                                           
       seemed irrational to him to  not test all sectors of  people                                                           
       entering the Capitol.  He said he  would almost rather  test                                                           
       the public  and have legislators  test only  upon travel  or                                                           
       initial  re-entry  to  the   Capitol.  He  said  it   seemed                                                           
       irrational to him, but as far as a step  towards protection,                                                           
       he supported Option 1.                                                                                                 
                                                                                                                              
       CHAIR HANNAN  said  that  one  of  the  things  contemplated                                                           
       regarding his concerns was  that on-site, rapid testing  was                                                           
       required if the Legislature  was going to grant access  only                                                           
       upon proof of a negative test. The contract in Option  1 did                                                           
       not allow for  rapid tests, she said,  which would not  work                                                           
       for  a casual  visitor.  She  said  Option  1  was  not  the                                                           
       tightest mitigation  plan members  could create  to  prevent                                                           
       the transmission of the  COVID-19 Delta variant, but it  was                                                           
       a step in the right direction and contemplated  the movement                                                           
       of people  who  were regularly  coming  in  and out  of  the                                                           
       building.                                                                                                              
                                                                                                                              
       REPRESENTATIVE TUCK  said he  did not  like to  cut out  the                                                           
       public and that it seemed  like the State was paying a  high                                                           
       cost to  test legislators  and staff  to  not mitigate  very                                                           
       effectively by not testing the public. He said that  was his                                                           
       point, but that he would still support the proposal.                                                                   
                                                                                                                              
       SENATE PRESIDENT MICCICHE said he would prefer the  proposal                                                           
       be written as   advised to  rather than   must;  he said  he                                                           
       could  not  have  supported  Option  2  but  could   support                                                           
       Option 1 as that largely  left choices up to the  individual                                                           
       even though it included the word  must.  He said  the people                                                           
       who would  test, would  test, and  the people  who were  not                                                           
       going to would  not, so  this eliminated the  need to  force                                                           
     compliance on  something that  people either  believe in  or                                                             
     they do not. He said he would support Option 1 and  it would                                                             
     be up  to the  individual to  be in  compliance  or not.  He                                                             
     appreciated the  two options  and that  other face  covering                                                             
     options had been added to give some flexibility to  some who                                                             
     were uncomfortable with certain kinds of face masks.                                                                     
                                                                                                                              
     SENATOR STEVENS said he thought members needed to  recognize                                                             
     the  remarkably  good  job  done  over  the  course  of  the                                                             
     pandemic, under Chair Hannans  leadership, with Ms.  Gearys                                                              
     support, in  protecting legislators  and staff.  He said  he                                                             
     was glad  to hear  some folks  thought  things were  getting                                                             
     better; he hoped they  were right but  did not know that  it                                                             
     was true. He said six hundred thousand deaths in  the United                                                             
     States were becoming likely to approach a million,  and that                                                             
     Alaskas  rates were the worst in the entire nation.  He said                                                             
     that members job here was  to take care of their people  for                                                             
     the  next  three   months,  and  that   adjustment  of   the                                                             
     mitigation plan  was  always an  option  in the  future.  He                                                             
     appreciated Representative Tucks  comments about the  public                                                             
     coming to  the  Capitol  and  said he  would  be  supporting                                                             
     Option 1.                                                                                                                
                                                                                                                              
     12:05:16 PM                                                                                                            
     A roll call vote was taken.                                                                                              
                                                                                                                              
     YEAS:  Representatives  Claman,   Edgmon,  Foster,   Hannan,                                                             
     Stutes, Tuck; Senators Bishop, Micciche, Stedman, Stevens.                                                               
                                                                                                                              
  NAYS: Representative Tilton; Senators Shower, Reinbold.                                                                     
                                                                                                                              
     The motion was adopted 10-3.                                                                                             
                                                                                                                              
V. OTHER COMMITTEE BUSINESS                                                                                                 
                                                                                                                              
     CHAIR  HANNAN  introduced  the   last  piece  of   committee                                                             
     business,  a   late   travel  reimbursement   request   from                                                             
     Representative DeLena Johnson dated March of 2021.                                                                       
                                                                                                                              
     12:06:43 PM                                                                                                            
     VICE-CHAIR  REINBOLD  moved  that  the  Legislative  Council                                                             
     approve Representative Johnsons   late travel  reimbursement                                                             
     request for which took  place from March  26 to March 28  of                                                             
     2021.                                                                                                                    
                                                                                                                              
     CHAIR HANNAN  objected for  the purposes  of discussion  and                                                             
     said that Representative Johnson  was present if anyone  had                                                             
     questions for her and that Ms. Geary was prepared  to answer                                                             
     questions about the late travel policy if there were any.                                                                
                                                                                                                              
       SPEAKER STUTES  said she  was happy  to  support it,  saying                                                           
       that Representative  Johnson had  experienced a  tough  year                                                           
       with family deaths,  and she could see  how this could  very                                                           
       easily have slipped by. She said she was in full  support of                                                           
       a late reimbursement to Representative Johnson.                                                                        
                                                                                                                              
       REPRESENTATIVE TILTON  said she  had had  a discussion  with                                                           
       Representative  Johnson  the   day  before   and  would   be                                                           
       supporting this  motion. She  then detailed  the variety  of                                                           
       reasons, none of which  at the fault of the  Representative,                                                           
       that this travel reimbursement was submitted late.                                                                     
                                                                                                                              
       CHAIR HANNAN  recommended that  members  vote yes  and  said                                                           
       that at  sixty-one  days Accounting  asks  that  Legislative                                                           
       Council approve travel. She  then removed her objection  and                                                           
       requested a roll call vote.                                                                                            
                                                                                                                              
       12:09:49 PM                                                                                                          
       A roll call vote was taken.                                                                                            
                                                                                                                              
       YEAS:  Representatives  Claman,   Edgmon,  Foster,   Hannan,                                                           
       Stutes, Tilton, Tuck;  Senators Micciche, Reinbold,  Shower,                                                           
       Stedman, Stevens.                                                                                                      
                                                                                                                              
       NAYS: None.                                                                                                            
                                                                                                                              
       The motion passed 12-0.                                                                                                
                                                                                                                              
       SENATOR STEDMAN  commented  that the  Legislature  had  been                                                           
       very  timely  and  there  had  been  very  few  late  travel                                                           
       reimbursement requests. He said this  was the first one  the                                                           
       Council had  received  in a  while,  and  it was  good  that                                                           
       members kept a tight ship; he appreciated it.                                                                          
                                                                                                                              
 VI. ADJOURN                                                                                                                
                                                                                                                              
       12:11:27 PM                                                                                                          
       CHAIR HANNAN, seeing  nothing further on  the agenda and  no                                                           
       further comments, adjourned.