Legislature(2021 - 2022)
02/23/2022 07:00 AM House LEGISLATIVE COUNCIL
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
FEBRUARY 23, 2022
7:00 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 Shelley Hughes (alternate)
Senator Peter Micciche
Senator Mike Shower
Senator Bert Stedman
Senator Gary Stevens
MEMBERS ABSENT
Senator Lyman Hoffman
OTHER MEMBERS PRESENT
Senator Jesse Kiehl
Senator David Wilson
AGENDA
APPROVAL OF AGENDA
APPROVAL OF MINUTES
COMMITTEE BUSINESS - EXECUTIVE SESSION
COMMITTEE BUSINESS
SPEAKER REGISTER
Jessica Geary, Executive Director, Legislative Affairs
Agency (LAA)
JC Kestel, Procurement Officer, LAA
Wayne Jensen, Architect/President, Jensen Yorba Wall
7:01:27 AM
I. CALL TO ORDER
CHAIR HANNAN called the Legislative Council meeting to
order at 7:02am in the House Finance Committee Room.
Present at the call were: Representatives Claman, Edgmon,
Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,
Micciche, Hughes, Shower, Stedman, Stevens, Reinbold.
Senator Hoffman was absent.
Fourteen members present.
II. APPROVAL OF AGENDA
7:04:12 AM
VICE-CHAIR REINBOLD moved and asked unanimous consent
that Legislative Council approve the agenda as presented.
The agenda was approved without objection.
III. APPROVAL OF MINUTES
7:04:33 AM
VICE-CHAIR REINBOLD moved and asked unanimous consent
that Legislative Council approve the minutes dated
October 5, 2021, October 26, 2021, and December 16, 2021,
as presented.
The minutes were approved without objection.
IV. COMMITTEE BUSINESS-EXECUTIVE SESSION
CHAIR HANNAN explained the following items will require
an Executive Session: briefing on litigation regarding
the Alaska Higher Education Investment Fund, the forward
funding of education, HB 69 effective date, and approval
of a Juneau Warehouse storage space lease.
7:04:44 AM
VICE-CHAIR REINBOLD moved that Legislative Council go
into Executive Session under Uniform Rule 22(B)(1),
discussion of matters, the immediate knowledge of which
would adversely affect the finances of a government unit
22(B)(3), discussion of a matter that may, by law, be
required to be confidential. The following people may
remain in the room or online: Jessica Geary, JC Kestel,
Sant Lesh, Megan Wallace, Emily Nauman, Helen Phillips,
Jodie Murdock, Bree Wylie, Shannon Easterly, legislators
not on Legislative Council, and any staff of a
Legislative Council member.
7:05:53 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Foster, Stutes,
Tilton, Tuck, Hannan; Senators Bishop, Micciche, Hughes,
Shower, Stedman, Stevens, Reinbold.
NAYS: None.
The motion passed 14-0.
7:06:55 AM
Council goes into Executive Session.
7:28:26 AM
Council comes out of Executive Session.
A roll call vote was taken to establish quorum, fourteen
members present
Brief at ease.
IV. COMMITTEE BUSINESS CONTINUED
a. Juneau Warehouse Storage Space Lease
7:30:07 AM
VICE-CHAIR Reinbold moved that Legislative Council
authorize the Legislative Affairs Agency to secure a
lease for the Juneau warehouse space with Alaska Legacy
Partners LLC for a five-year lease and two optional five-
year renewals.
JC KESTEL, Procurement Officer with the Legislative
Affairs Agency, said the Agency received four proposals
for warehouse space. The Agency recommended a contract
award to Alaska Legacy Partners LLC for a warehouse in
the Shaune Drive area and requested Legislative Council
approve a lease agreement for an initial five-year term
with two optional five-year renewals at $5,400 per month
with annual increases of 1.5 percent. The proposed lease
exceeded $50,000 in one fiscal year so Legislative
Council's approval was required.
CHAIR HANNAN, seeing no questions from members, asked for
a roll call vote on the motion.
7:31:24 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes, Tilton, Tuck, Hannan; Senators Micciche, Hughes,
Shower, Stedman, Stevens, Reinbold.
NAYS: Senator Bishop.
The motion passed 13-1.
V. COMMITTEE BUSINESS
a. Legislative Council/Legislature FY23 Budget
7:32:35 AM
VICE-CHAIR REINBOLD moved that Legislative Council per AS
24.20.130 submit the FY23 proposed Legislative Council
budget to the House and Senate Finance Committees for
review and action.
CHAIR HANNAN objected for purposes of discussion and
asked Ms. Geary to come forward and summarize the budget
proposal.
JESSICA GEARY, Executive Director of the Legislative
Affairs Agency, said before members is the Legislative
Council FY23 proposed budget and sectional narrative that
details each section of the budget. She continued that
Legislative Council is responsible for authorizing and
submitting this to the Finance Committees. She said she
would highlight significant items and is pleased to
answer any questions.
Ms. Geary noted that in the previous fiscal year, LAA
staff worked a combined total of more than ten thousand
hours of overtime, which is the equivalent of just over
five full-time positions. She said some employees reached
the annual limit of one-hundred-fifty hours of comp time,
so the extra hours required to complete their job duties
were essentially donated after reaching this limit. She
explained that most additional work was a result of the
four special sessions and the pandemic.
Ms. Geary continued that in FY16 the Agency received
large cuts, had been flat funded since, and staff are
supporting new services for the Legislature, such as
added cyber security measures, mandatory changes in the
State payroll and accounting systems, integration of
Microsoft Teams, as well as phone and tv services no
longer provided by outside entities that now need to be
maintained in-house. Additionally, while many in the
Executive Branch received cost of living increases over
the past five years, the Legislature has not had one
since 2015. These factors have led to low morale,
employee burnout, and impacted recruitment and retention,
and we are coming to the Legislature this year for more
resources.
Ms. Geary said this request adds four new positions,
three in IT and one in Personnel, as well as funding for
cyber security tools and two structural changes to add
two new allocations for more accurate and transparent
budgeting. She noted that overall there would be no
increase to the allocations and that LAA was able to take
advantage of an increase it received [in FY22] to cover a
higher PERS rate. By utilizing those funds, LAA does not
have to request an increase in the authorization. There
is a modest increase of $100,000 for the Ombudsman to
support existing workloads.
SENATOR STEDMAN requested a breakdown of the incremental
costs, particularly the special session and pandemic
costs. He said he thought the special sessions held by
the governor were a waste of time and was curious of the
financial burden it had put on Alaska's budgets.
EXECUTIVE DIRECTOR GEARY said she would be happy to
provide those figures to the committee.
SENATOR STEVENS asked why funding phone and IT services
is now needed and who previously provided them.
EXECUTIVE DIRECTOR GEARY said that the Executive Branch
Office of Information Technology (OIT) used to provide
phone services. With OIT moving to Microsoft Teams for
their phone service, they will not be providing any
support to the Legislature regardless of if LAA decided
to switch to the Teams phone service. LAA will be
replacing the current phones with similar hardware, but
through ACS.
Ms. Geary noted the phone service through the Executive
Branch was just under two-hundred-thousand dollars a
year. She said adding a position and paying for a new
service provides a net savings for the Legislature. The
cable tv service was previously provided by GCI. GCI is
now using only streaming services which needs IT support.
REPRESENTATIVE CLAMAN said he had heard many complaints
about the time it takes for bills to be drafted and
amendments to be written coming from Legal Services. He
noted some offices have more of a workload than others.
He felt that Legal Services is understaffed. Not seeing
any measures of an increase, he recognized there are
recruiting issues for LAA as well as the Executive
branch.
EXECUTIVE DIRECTOR GEARY said the Legal Services budget
had long term employees retire, which led to more funding
in the budget. Legal Services has hired some positions,
and has one more that is still open, however, it is
challenging to onboard a new worker during Session. She
continued that with it being specialized work, it takes
significant training. She said LAA is evaluating what it
can do to assist Legal Services, be it through
Legislative Council Policy or other measures. While this
is not specifically reflected in the budget, we are aware
of the problem and know it must be addressed.
CHAIR HANNAN, seeing no further questions, requested a
roll call vote on the motion.
7:43:07 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Hannan Foster,
Stutes, Tilton, Tuck, Senators Bishop Micciche, Hughes,
Shower, Stedman, Stevens, Reinbold.
NAYS: None.
The motion passed 14-0.
b. Assembly Building Utilization Subcommittee
Recommendation
7:43:53 AM
VICE-CHAIR REINBOLD moved that the Legislative Council
approve the Assembly Building Utilization Subcommittee
proposal to convert the Assembly Building to residential
space for the purpose of legislative housing. She further
moved that the Legislative Council approve a project
budget not to exceed five-million, five-hundred-thousand
dollars in existing capital funds; of which two-hundred-
fifty thousand dollars will be used to retain Jensen
Yorba Wall Inc., for design services.
CHAIR HANNAN objected for purposes of discussion and
asked Ms. Geary and Wayne Jensen, Architect and President
of Jensen Yorba Wall Inc., to summarize the
Subcommittee's recommendations and take questions.
EXECUTIVE DIRECTOR GEARY said the Assembly Building
Utilization Subcommittee held several meetings to discuss
various options for plans and decided that utilizing the
Assembly Building for housing purposes would be the best
option. She said LAA worked with Mr. Jensen on conceptual
floor plans and the preferred plan allowed for eleven
apartments on each floor, for a total of thirty-three
units. She said this is a combination of one-bedroom and
efficiency units.
Ms. Geary continued that each floor would have a common
laundry utility room and room for electrical and
communications equipment. This proposal is detailed in a
memo from Jensen Yorba Wall which goes through the
proposed plan floor by floor and the overall construction
budget. The proposed budget of five and a half million
dollars includes the design, any asbestos abatement based
on the studies done to date, construction, basically all
start-to-finish costs. She stated that she, Wayne Jensen,
and some members of the Subcommittee were available for
questions.
REPRESENTATIVE CLAMAN asked if the floor plan will be the
same for all three floors or will they see more floor
plans later.
WAYNE JENSEN, Architect and President at Jensen Yorba
Wall, said it will be the same basic floor plan for all
three floors. The first floor will have small differences
because of the main entrance to the building. Eleven
apartment units on each of the three floors for a total
of thirty-three units.
EXECUTIVE DIRECTOR GEARY added that the current handout
the committee has is not the exact floor plan chosen, it
is just similar for furniture layout purposes.
REPRESENTATIVE CLAMAN said his handout shows six to seven
one bedrooms and four studios.
EXECUTIVE DIRECTOR GEARY stated the handout he has is a
temporary floor plan laid out with furniture. Mr.
Jensen's staff did not have time to add furniture for the
actual floor plan.
SENATOR STEVENS asked about the parking situation for the
building.
MR. JENSEN said it would remain as it is with fourteen
spaces.
EXECUTIVE DIRECTOR GEARY corrected and said there are
seventeen spaces, but some are used for storage. Once
current tenants vacate the building, LAA will know how
many spaces are usable.
REPRESENTATIVE TILTON asked how much the architect's
consultation was and how was it contracted out to do.
EXECUTIVE DIRECTOR GEARY said Mr. Jensen sits on the
advisory committee that donated the Assembly Building to
the Legislature. The Subcommittee was appointed and
several meetings were held with Mr. Jensen to develop the
plans. Existing procurement authority of the Chair helped
to develop those plans. The motion is to accept the
recommendation of the Subcommittee and to approve the
construction budget.
REPRESENTATIVE TILTON asked to be reminded of who the
members of the Subcommittee are. She also stated there
was no memo on the Subcommittee's recommendations.
EXECUTIVE DIRECTOR GEARY said Chair Hannan was the Chair
of that Subcommittee, and members were Senators Stedman,
Bishop, Kiehl, and Representatives Tuck and Edgmon. She
confirmed there was no memo on the Subcommittee's
decisions and said Chair Hannan may have more insight on
this inquiry.
CHAIR HANNAN said the Subcommittee was formed by the
Legislative Council on September 23, 2021 and met three
times. Discussions about the Assembly Building's use are
what formed today's recommendation.
REPRESENTATIVE TUCK said at the Subcommittee's last
meeting there was a floor plan that demonstrated possible
tenant use on the second and third floors with LAA use on
the ground floor. Due to remodel costs to remove existing
infrastructure inside the Assembly Building, the
Subcommittee decided to do the least amount of remodeling
possible.
CHAIR HANNAN put on the record that Senators Wilson and
Kiehl are present.
REPRESENTATIVE TILTON said when the Legislature gave
legislative staff a stipend, the rental market went up
according to the amount of the stipend. She asked if the
Subcommittee considered what the cost of the units would
be and how does the Legislature plan on competing with
the private sector.
EXECUTIVE DIRECTOR GEARY said the housing does not exist
in the private sector, so this project allows legislators
to find housing without interfering with conducting
legislative business. The rental rate will be a policy
decision that will likely be based on the going market
rate. She noted that legislator per diem could
potentially be reduced by the rental amount, but that
also would be a policy decision.
She said when this initial concept was presented to the
Mayor of Juneau, the Mayor was more interested in the
project taking place than worried about competing with
the private sector. It is not a concern in this
community. She agreed that some decisions still must be
made regarding the finer details.
CHAIR HANNAN put on the record that past and present
community leaders have all been supportive and engaged
with the Juneau Community Foundation and encouraged the
purchase and gifting of the Assembly Building to the
Legislature, specifically for times when housing is
unavailable.
REPRESENTATIVE EDGMON said the decision comes from the
Subcommittee to Council with a predetermination aspect.
It was his recollection that Council was to decide, then
send that decision to the Subcommittee. Nearly half of
the Legislature flies north for weekends. He speculated
that having dorm housing would encourage that kind of
activity.
He asked if the Legislature has done a survey with
employees to see how many would be interested in dorm-
like housing. He said it seems there have been steps
skipped within the process. Regarding Representative
Tilton's questions, it seems they have been answered, but
with thirty-three units that are otherwise provided.
CHAIR HANNAN stated she thought she had appointed a
Subcommittee to produce recommendations for Council.
REPRESENTATIVE CLAMAN concurred with Representative
Edgmon in that having private housing is preferrable over
dorms. Regarding rent prices, Representative Claman's
staff saw no rent increases because of the stipend. How
many of the Legislature's employees would be interested
in living in those thirty-three dorms.
SENATOR HUGHES said thirty-three people not renting from
the private sector would have an impact. She understood
some people have had an issue finding housing. She asked
if that number of people seeking housing was close to
thirty-three.
EXECUTIVE DIRECTOR GEARY said that the Legislature did
not have thirty-three members seeking housing. Ms.
Geary's office has received feedback in the past from
members and staff that found housing but were not happy
with it. Though most find housing, there are still issues
to be addressed when it comes to housing.
SENATE PRESIDENT MICCICHE said Juneau has housing issues
and he personally had to "couch surf" for five weeks. He
believes there should be more discussion on the purpose
of the building, options, policy, and then a decision. He
is not ready to move forward on this project.
SENATOR BISHOP said competition is a good thing. If staff
is having issues finding safe housing, there is a
problem.
SENATOR STEDMAN said when looking at the housing issue,
there are housing constraints all over Alaska. None of
this is specific to Juneau, especially in spring when the
tourism industry starts.
He said when a Special Session is called, there are
complaints of no housing. Many suggest the idea of moving
the Capital to combat the housing issue; this project is
a solution to this problem. He said this is to ensure the
Legislature can conduct business at the Capitol in
Juneau. The issue of how this will impact the market he
feels, is minimal.
Senator Stedman added that as Senator Bishop said, there
are safety concerns. Downtown Juneau has many shady
individuals who cause the delay of staffers getting to
work on time. Security has had to perform security checks
on staffers in the past. The Legislature must ensure that
we are able to conduct business in the event of a Special
Session. He voiced his support for this action, the
sooner the Legislature starts, the better.
VICE-CHAIR REINBOLD said she supports the action as she
was one of the members who had issues finding affordable
housing. She said the private sector has had sixty years
to sort out housing and has not delivered.
REPRESENTATIVE EDGMON said this may easily be the way to
go in terms of what the Legislature does with the
building. Before deciding, he would like to understand
the economic impact and the cost to the Legislature, and
what will be happening with these units during two thirds
of the year when the Legislature is not in Session. He
supports the plan; however, he would like a full economic
analysis to know if Council is making the right decision.
He added for those on the Finance Committee, he would
like the downstream costs to be attended to.
REPRESENTATIVE TUCK said the Legislature has experienced
Special Sessions where housing could not be found. He
used the 2016 Session as an example of there being no
housing available. He reminded Council that it was the
private sector that donated the Assembly Building to the
Legislature. The building was once an apartment building,
it is already equipped for the design that is proposed.
With the building's infrastructure, to convert the
building would be a low-cost endeavor.
He continued that the Legislature is not proposing to
force workers into these units. They are only available
to those interested in living one block from the Capitol.
Regarding what is to be done with the units when the
Legislature is not in Session, the Subcommittee concluded
to have the units available for Legislators and not make
them Airbnbs or rentals when they are not in use.
SENATOR BISHOP asked Mr. Jensen how long the contingency
costs are good for.
MR. JENSEN said the budget includes all things allowable
by the budget, construction, and design. The contingency
amount is for permits, construction administration, and
contingency and would be good for the length of the
construction.
SENATOR BISHOP stated he asked his previous question
because retailers increase materials prices weekly. He
asked Mr. Jensen how accurate the projected cost of the
project is.
MR. JENSEN replied his company recognizes cost increases
affect the price of the construction. The proposed budget
is not a detailed cost estimate, but a project budget
that is seen as a reasonable target.
REPRESENTATIVE TILTON said she understands that community
leaders support this project. Her concern is that Council
is being asked to approve five and a half million dollars
for a projected budget. She said with supply chain
issues, this is not the ideal time to start construction.
Also, there have been no estimates as to what maintenance
costs would be. Her understanding was that there would be
a recommendation from the Subcommittee, not a proposal
for moving forward.
8:25:25 AM
REPRESENTATIVE TILTON made a motion to table.
CHAIR HANNAN requested a roll call vote on the motion to
table.
8:25:35 AM
A roll call vote was taken.
YEAS: Representatives Edgmon, Tilton; Senators Micciche,
Hughes, Reinbold, Shower.
NAYS: Representatives Claman, Foster, Hannan, Stutes,
Tuck; Senators Bishop, Stedman, Stevens.
The motion failed 6-8.
REPRESENTATIVE CLAMAN stated that one issue that has not
been discussed enough is that lumber prices have
increased by forty percent within the last year. By
delaying this decision, Council will charge the public
more money in terms of construction materials. He
acknowledges the work of the Subcommittee, but believes
it is in the public's best interest to decide now.
SENATOR STEVENS agreed with deciding now and said the
Legislature will have no trouble finding tenants for the
thirty-three units. He reminded Council that the Baranof
Hotel is closed, and the Legislature has had staff stay
there for years. He understood that the Four Points Hotel
was on the verge of closing, until the Juneau Community
Foundation stepped in so there could be Legislative
access to the hotel.
REPRESENTATIVE EDGMON said that if this were a State
agency, the Legislature would ask for an economic
analysis. He wished that Council could have more
discussion and research into this project, and that he
would be a dissenting vote on this motion.
SENATE PRESIDENT MICCICHE said there are two decision
problems in the Legislature: the ones made too fast, and
the ones made too slowly. In this case, it would be too
fast. The Legislature does not know the cost of
furnishing these apartments, the proposal has no mention
of appliances or furnishings. He said also there is no
policy with how these units will be distributed.
He stated he would likely support this plan if it was
better flushed out. The proposed budget is inaccurate
because the Legislature cannot determine what the cost of
materials will be in the future. He said, at this time,
he cannot support this project.
EXECUTIVE DIRECTOR GEARY added that an approval today
allows the Legislature to complete the bid documents to
send out to individual contractors. The contracts would
still need to come back to Council for approval multiple
times. What the committee is being asked today is to
approve the plan to convert the Assembly Building into an
apartment building.
She continued that we would work with the Finance
Committees to approve receipt authority so the rent money
would be used to pay for operating expenses. The proposed
remodel is to make it more efficient, so it will be an
inexpensive building to run. Those exact figures are not
in front of Council today but rent receipts should cover
the expenses of the building.
SENATE PRESIDENT MICCICHE said what is put out
demonstrates that Council does not have the issues he
brought up addressed to make an informed decision. He
will not decide until there is a business plan that shows
all those costs. Although Council is not deciding to fund
the building, Council is deciding to move forward with a
plan that is not well thought out.
SENATOR STEDMAN reiterated a yea vote today allows
Council to put a more refined cost estimate together. It
is clear the building was gifted to the Legislature and
will not have a debt service to pay. It is his
understanding the units will not be furnished. He said if
a policy is created later to change that, so be it. The
housing issue and the issues that Senator Stevens brought
up are valid points. With inflation, costs are only
getting higher. It is not to the Legislature's benefit to
delay this decision.
SPEAKER STUTES moved to call the question.
8:38:05 AM
A roll call vote was taken on the motion.
YEAS: Representatives Claman, Foster, Hannan, Stutes,
Tuck; Senators Bishop, Reinbold, Stedman, Stevens.
NAYS: Representatives Edgmon, Tilton; Senators Micciche,
Hughes, Shower.
The motion passed 9-5.
c. FY21 Legislative Audit
EXECUTIVE DIRECTOR GEARY said that by statute the
Legislature has an annual independent audit of all
expenditures. This year's audit was clean with no
exceptions.
d. Review of Legislative Council COVID-19 Mitigation
Policy
8:40:47 AM
VICE-CHAIR REINBOLD moved that Legislative Council adopt
the COVID-19 Mitigation Policy as amended.
CHAIR HANNAN objected to the motion for purpose of
discussion.
VICE-CHAIR REINBOLD moved to change must to may on
page one of two in the first line of Cycle
Testing/Screening in the COVID-19 Mitigation Policy and
delete the second sentence in Cycle Testing/Screening.
She said that currently the public and lobbyists are
excluded from entering the building. She believes it is
excessive that you must test every four days. She said it
should be available to those who wish, but it should be
optional to take a COVID-19 test.
SPEAKER STUTES stated a concern about addressing COVID-19
Mitigation Policy pertaining to the Legislative Lounge.
CHAIR HANNAN moved to call a vote on the motion to amend
the Covid-19 Mitigation Policy.
Brief at-ease.
CHAIR HANNAN requested a roll call vote.
A roll call vote was taken.
YEAS: Representatives Claman, Foster, Hannan, Stutes;
Senator Bishop.
NAYS: Representatives Edgmon, Tilton, Tuck; Senators
Micciche, Hughes, Reinbold, Shower, Stedman, Stevens.
The motion failed 9-5.
SENATOR STEDMAN questioned the strictness of today's
current COVID-19 policy. He would be surprised if
everyone was following the policy. He voiced his support
for the amendment to make testing optional but would like
testing to stay available.
SENATE PRESIDENT MICCICHE offered an amendment to the
amendment for Cycle Testing/Screening at the beginning of
the first paragraph to read, "Legislative Council
recommends Legislators, legislative staff, interns, and
credentialed media participate in cycle testing?" and
delete the second sentence of the Cycle Testing/Screening
section.
Discussion to clarify the amendments of both Senators
Reinbold and Micciche ensued.
Brief at-ease.
SENATE PRESIDENT MICCICHE withdrew his amendment to the
amendment.
CHAIR HANNAN moved to vote on Senator Reinbold's
amendment
8:55:05 AM
A roll call vote was taken.
YEAS: Representatives Edgmon, Foster, Stutes, Tilton,
Tuck; Senators Bishop, Micciche, Hughes, Reinbold,
Shower, Stedman, Stevens.
NAYS: Representatives Claman, Hannan.
The motion passed 12-2.
REPRESENTATIVE TILTON asked if Legislative offices can
still request visitors to wear masks.
EXECUTIVE DIRECTOR GEARY said any office that has an
employee who is immunocompromised or an employee who has
health concerns is still permitted to ask visitors to
wear a mask, and clarified that the Legislative Council
Chair could request mask use in individually-occurring
circumstances.
VICE-CHAIR REINBOLD asked for a clarification on the
wording of page two section IV of the COVID Mitigation
Policy.
EXECUTIVE DIRECTOR GEARY said if someone tests positive,
they are required to isolate as directed by health
authorities. Currently the CDC's guidance says that, if
you are a close contact and do not meet the certain
requirements of having COVID within ninety days and being
boosted, the current protocol is that those people must
quarantine for five days. The "test to stay protocol"
allows daily testing for close contacts so they do not
have to miss work.
VICE-CHAIR REINBOLD asked if this is saying unvaccinated
people must isolate for five days and natural immunity is
not recognized even though it is superior.
EXECUTIVE DIRECTOR GEARY said no, if an individual is
sick and tests positive, that is the only time this
section would go into effect. She recited Section IV of
the proposed COVID Mitigation Policy.
SENATE PRESIDENT MICCICHE said his understanding of this
policy is that committee chairs will still have the
option of making COVID policies inside of their committee
rooms. He asked if that was a correct assumption.
EXECUTIVE DIRECTOR GEARY responded yes.
SENATE PRESIDENT MICCICHE moved to call the question.
CHAIR HANNAN restated that the question before Council is
to adopt the updated Legislative Council COVID-19
Mitigation Policy as amended by Senator Reinbold.
There was discussion regarding masks now being optional
within the Capitol.
REPRESENTATIVE TUCK asked, regarding section III of the
COVID-19 Mitigation Policy, if authority goes to the
Council Chair or Rules Chair.
EXECUTIVE DIRECTOR GEARY said the reason the Legislative
Council Chair is listed because it is a Council policy.
Historically, Council Chair has been responsible for
exceptions to the policy. She said this does not take any
authority away from any committee chair; those decisions
by those individuals can still be made. Legislative
Council Chair could not agree, but that is not the intent
of this policy.
VICE-CHAIR REINBOLD asked if there is equal application
between unvaccinated and vaccinated in the policy and
that natural immunity is recognized.
EXECUTIVE DIRECTOR GEARY said those factors are covered
in the test to stay protocol. It treats everyone the same
unless someone tests positive.
REPRESENTATIVE TILTON asked if the Council Chair
determines a special situation, like the Lounge requiring
masks, and will it be made clear to the Legislature when
those decisions are made.
EXECUTIVE DIRECTOR GEARY said signage will be placed and
a communication made to let all offices know what spaces
require masks.
CHAIR HANNAN requested a roll call vote on the modified
February 23 COVID-19 Mitigation Policy.
9:06:50 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes, Tilton, Tuck; Senators Bishop, Micciche, Hughes,
Reinbold, Shower, Stedman, Stevens.
NAYS: None.
The motion passed 14-0.
VI. ADJOURN
9:07:40 AM
Chair Hannan said with nothing further to come before
Council, the meeting is adjourned.