Legislature(2025 - 2026)ADAMS 519

09/10/2025 01:00 PM House LEGISLATIVE COUNCIL

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Audio Topic
01:06:01 PM Start
03:32:09 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Location Change --
-- Testimony <Invitation Only> --
+ I. Approval of the Agenda TELECONFERENCED
+ II. Approval of Minutes TELECONFERENCED
a. August 27th, 2025, Meeting Minutes
+ III. Committee Business TELECONFERENCED
a. Anchorage Legislative Office Building (ALOB)
Snow Removal Contract Renewal No. 4
b. Homer Office Space Lease Renewal No. 1
c. Kodiak Office Space Lease Renewal No. 3
IV. Executive Session
a. Executive Order 137 Legal Briefing
**Streamed live on AKL.tv**
                 ALASKA STATE LEGISLATURE                                                                                     
                    LEGISLATIVE COUNCIL                                                                                       
                                                                                                                              
                    SEPTEMBER 10, 2025                                                                                        
                          1:00 PM                                                                                             
                                                                                                                              
   MEMBERS PRESENT                                                                                                            
   Representative Sara Hannan, Chair                                                                                          
   Representative Ashley Carrick                                                                                              
   Representative Bryce Edgmon                                                                                                
   Representative Chuck Kopp                                                                                                  
   Representative Mike Prax                                                                                                   
   Representative Calvin Schrage                                                                                              
   Representative Louise Stutes                                                                                               
   Representative Donna Mears (alternate)                                                                                     
   Senator Matt Claman                                                                                                        
   Senator Elvi Gray-Jackson                                                                                                  
   Senator Jesse Kiehl                                                                                                        
   Senator Löki Tobin (alternate)                                                                                             
                                                                                                                              
   MEMBERS ABSENT                                                                                                             
   Senator Gary Stevens, Vice Chair                                                                                           
   Senator Cathy Giessel                                                                                                      
   Senator Lyman Hoffman                                                                                                      
   Senator Bert Stedman                                                                                                       
                                                                                                                              
   OTHER MEMBERS PRESENT                                                                                                      
   Representative Andy Josephson                                                                                              
   Representative Ky Holland                                                                                                  
   Representative Ted Eischeid                                                                                                
   Senator Scott Kawasaki                                                                                                     
                                                                                                                              
   AGENDA                                                                                                                     
   APPROVAL OF AGENDA                                                                                                         
   APPROVAL OF MINUTES                                                                                                        
   COMMITTEE BUSINESS                                                                                                         
   EXECUTIVE SESSION                                                                                                          
                                                                                                                              
   SPEAKER REGISTER                                                                                                           
   Jessica Geary, Executive Director, Legislative Affairs                                                                   
   Agency (LAA)                                                                                                               
   JC Kestel, Procurement Officer, LAA                                                                                        
   Emily Nauman, Director, Legal Services, LAA                                                                                
                                                                                                                              
I.   CALL TO ORDER                                                                                                          
                                                                                                                              
1:06:01 PM                                                                                                                  
CHAIR  HANNAN  called  the Legislative  Council  meeting  to                                                                  
order at  1:06pm on September  10, 2025, in the  Denali Room                                                                  
of the Anchorage Legislative Office Building.                                                                                 
                                                                                                                              
Present at  the call  were Representatives  Carrick, Edgmon,                                                                  
Schrage,  Stutes,  Mears,  Hannan;  Senators  Claman,  Gray-                                                                  
Jackson, Kiehl, Tobin.                                                                                                        
                                                                                                                              
Ten members present.                                                                                                          
                                                                                                                              
Representative Kopp joined the meeting at 1:08pm and                                                                          
Representative Prax joined the meeting at 1:21pm.                                                                             
                                                                                                                              
II. APPROVAL OF THE AGENDA                                                                                                  
                                                                                                                              
1:08:50 PM                                                                                                                  
SENATOR  KIEHL  moved  and   asked  unanimous  consent  that                                                                  
Legislative Council approve the agenda as presented.                                                                          
                                                                                                                              
The motion passed without objection.                                                                                          
                                                                                                                              
III. APPROVAL OF THE MINUTES                                                                                                
     a. August 27, 2025, Meeting Minutes                                                                                    
                                                                                                                              
1:09:44 PM                                                                                                                  
SENATOR  KIEHL  moved  and   asked  unanimous  consent  that                                                                  
Legislative  Council approve  the minutes  dated August  27,                                                                  
2025, as presented.                                                                                                           
                                                                                                                              
The minutes were approved without objection.                                                                                  
                                                                                                                              
IV. COMMITTEE BUSINESS                                                                                                      
     a. Anchorage Legislative Office Building (ALOB) Snow                                                                   
        Removal Contract Renewal No. 4                                                                                        
                                                                                                                              
1:10:32 PM                                                                                                                  
SENATOR  KIEHL   moved  that  Legislative   Council  approve                                                                  
Renewal  No. 4  of the  contract for  snow removal  services                                                                  
with Kelly  Inc., dba A-1  Lawn & Landscaping, in  an amount                                                                  
not to exceed $65,000.00.                                                                                                     
                                                                                                                              
CHAIR  HANNAN objected  for  the purpose  of discussion  and                                                                  
asked Procurement Officer JC Kestel to speak to this item.                                                                    
                                                                                                                              
   JC KESTEL, Procurement  Officer, Legislative Affairs  Agency                                                               
   (LAA), stated  that the  Agency is  requesting approval  for                                                               
   Renewal  No.  4  of  the  snow  removal  contract   for  the                                                               
   Anchorage Legislative  Office  Building.  The  contract  has                                                               
   been  in place  for  several  years,  the  Agency  has  been                                                               
   satisfied with the services provided, and there is no  price                                                               
   increase associated with this renewal.                                                                                     
                                                                                                                              
   There was no discussion and a roll call vote was taken.                                                                    
                                                                                                                              
   1:12:09 PM                                                                                                               
   YEAS:  Representatives  Carrick,   Edgmon,  Kopp,   Schrage,                                                               
   Stutes,  Mears,  Hannan;   Senators  Claman,   Gray-Jackson,                                                               
   Kiehl, Tobin                                                                                                               
                                                                                                                              
   NAYS: none                                                                                                                 
                                                                                                                              
   The motion passed 11-0.                                                                                                    
                                                                                                                              
        b. Homer Office Space Lease Renewal No. 1                                                                           
                                                                                                                              
   1:13:40 PM                                                                                                               
   SENATOR  KIEHL  moved   that  Legislative  Council   approve                                                               
   Renewal No. 1 of the lease extension for Homer  office space                                                               
   in the amount of $58,119.12.                                                                                               
                                                                                                                              
   CHAIR HANNAN  objected for  the  purpose of  discussion  and                                                               
asked Procurement Officer JC Kestel to speak to this item.                                                                    
                                                                                                                              
   JC KESTEL, Procurement Officer, LAA, stated that  the Agency                                                               
   is requesting  approval to  exercise Renewal  No.  1 of  the                                                               
   lease extension for the  Homer office space and  Legislative                                                               
   Information Office.  He  noted this  office  serves  Senator                                                               
   Stevens  and  Representative  Vance,   both  of  whom   have                                                               
   expressed support for the  renewal. The lease includes  five                                                               
   optional one-year  renewals, and  this would  be the  first.                                                               
   Because the  lease  exceeds  $50,000  in  one  fiscal  year,                                                               
   Legislative Council approval is required.                                                                                  
                                                                                                                              
   There was no  further discussion, and a  roll call vote  was                                                               
   taken.                                                                                                                     
                                                                                                                              
   1:15:26 PM                                                                                                               
   YEAS:  Representatives  Carrick,   Edgmon,  Kopp,   Schrage,                                                               
   Stutes,  Mears,  Hannan;   Senators  Claman,   Gray-Jackson,                                                               
   Kiehl, Tobin                                                                                                               
                                                                                                                              
   NAYS: none                                                                                                                 
                                                                                                                              
The motion passed 11-0.                                                                                                       
                                                                                                                              
     c. Kodiak Office Space Lease Renewal No. 3                                                                             
                                                                                                                              
1:16:38 PM                                                                                                                  
SENATOR  KIEHL   moved  that  Legislative   Council  approve                                                                  
Renewal  No. 3  of  the lease  extension  for Kodiak  office                                                                  
space in the amount of $71,012.52.                                                                                            
                                                                                                                              
CHAIR  HANNAN objected  for  the purpose  of discussion  and                                                                  
asked Procurement Officer JC Kestel to speak to this item.                                                                    
                                                                                                                              
JC KESTEL,  Procurement Officer,  LAA, stated  that included                                                                  
in  member packets  is a  memorandum requesting  approval of                                                                  
Renewal No. 3  of the lease extension for  the Kodiak office                                                                  
space.  He  noted  that  this is  the  district  office  for                                                                  
Senator  Stevens and  Representative  Stutes,  both of  whom                                                                  
have  expressed  positive  feedback   and  support  for  the                                                                  
renewal.  The  lease  provides for  five  optional  one-year                                                                  
renewals, two of which have been exercised to date.                                                                           
                                                                                                                              
SENATOR  TOBIN asked  why the  price precision  of fifty-two                                                                  
cents.                                                                                                                        
                                                                                                                              
MR. KESTEL responded that  the amount is calculated annually                                                                  
based on the Consumer Price Index for Urban Consumers (CPI-                                                                   
U). He explained  that the adjustment varies  each year, for                                                                  
example, next year it could  be thirteen cents, depending on                                                                  
the CPI-U calculation.                                                                                                        
                                                                                                                              
REPRESENTATIVE  EDGMON  stated  that   he  was  speaking  in                                                                  
support  of  the  renewal.   He  noted  that  with  one-year                                                                  
contracts  prices typically  increase  rather than  decrease                                                                  
and asked  for an  explanation of  the reasoning  behind the                                                                  
agreement.                                                                                                                    
                                                                                                                              
MR.  KESTEL  responded  that the  one-year  renewal  options                                                                  
provide  the  Agency  and  the  legislature  flexibility  to                                                                  
determine, as time passes and  leases age, whether the space                                                                  
and needs of  the legislature remain the  same. He explained                                                                  
that  district   needs  may  shift,  for   instance  due  to                                                                  
redistricting. The  one-year renewals allow  the legislature                                                                  
to  evaluate   whether  to   continue  with   the  facility,                                                                  
relocate, or  adjust to market conditions.  He further noted                                                                  
that leases  are generally structured with  an initial five-                                                                  
year term, followed by  annual one-year renewal options. The                                                                  
initial  five-year period  is intended  to provide  building                                                                  
   owners with  the assurance  of  a long-term  commitment,  as                                                               
   most would  not enter into  an agreement  on a  year-to-year                                                               
   basis without that incentive.                                                                                              
                                                                                                                              
   CHAIR HANNAN  asked Representative  Stutes  if she  had  any                                                               
   comments since this is her district office.                                                                                
                                                                                                                              
   REPRESENTATIVE STUTES stated  that she  supported the  lease                                                               
   renewal and noted the  landlord has generally provided  good                                                               
   service, addressing  issues as  they arise.  She added  that                                                               
   she had a  separate concern regarding  why some  legislative                                                               
   offices are open  only six  months of the  year, sharing  an                                                               
   example  when   her  LIO   was   closed,  and   staff   were                                                               
   unavailable. She  asked  who  determines  why  some  offices                                                               
   operate only part-time.                                                                                                    
                                                                                                                              
   CHAIR HANNAN asked  that this  question be brought  up as  a                                                               
   separate item  of  discussion  since  it  does  not  pertain                                                               
   directly to the lease renewal.                                                                                             
                                                                                                                              
   REPRESENTATIVE STUTES stated she would be happy to  do that,                                                               
   agreeing and adding  her appreciation  for the good  working                                                               
   relationship with the managers of the Kodiak office.                                                                       
                                                                                                                              
   There was no  further discussion, and a  roll call vote  was                                                               
   taken  noting   that  with   Representative  Prax   joining,                                                               
   Representative  Mears  would  no  longer  be  voting  as  an                                                               
   alternate member.                                                                                                          
                                                                                                                              
   1:23:15 PM                                                                                                               
   YEAS: Representatives Carrick, Edgmon, Kopp, Prax,  Schrage,                                                               
   Stutes, Hannan; Senators Claman, Gray-Jackson, Kiehl, Tobin                                                                
                                                                                                                              
   NAYS: none                                                                                                                 
                                                                                                                              
   The motion passed 11-0.                                                                                                    
                                                                                                                              
   V. EXECUTIVE SESSION                                                                                                     
        a. Executive Order 137 Legal Briefing                                                                               
                                                                                                                              
   CHAIR HANNAN stated that  Legislative Council would go  into                                                               
   Executive Session  for  a briefing  regarding  legal  issues                                                               
   surrounding Executive Order 137.                                                                                           
                                                                                                                              
   1:25:27 PM                                                                                                               
   SENATOR  KIEHL  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  and                                                                  
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 on-line  for the  Executive Session:                                                                  
Jessica Geary,  Crystaline Jones,  Liz Clark,  Emily Nauman,                                                                  
Ian   Walsh,  Madison   Truitt,  any   legislators  not   on                                                                  
Legislative Council,  and any  staff of  Legislative Council                                                                  
members.                                                                                                                      
                                                                                                                              
1:26:22 PM                                                                                                                  
Council went into Executive Session.                                                                                          
                                                                                                                              
3:16:12 PM                                                                                                                  
Council came out of Executive Session.                                                                                        
                                                                                                                              
3:16:25 PM                                                                                                                  
Council took a brief at ease.                                                                                                 
                                                                                                                              
3:17:38 PM                                                                                                                  
Council returned from brief at ease.                                                                                          
                                                                                                                              
Roll was  taken to establish  a quorum. Present at  the call                                                                  
were: Representatives Carrick,  Edgmon, Kopp, Prax, Schrage,                                                                  
Stutes,  Hannan;   Senators  Claman,   Gray-Jackson,  Kiehl,                                                                  
Tobin.                                                                                                                        
                                                                                                                              
Eleven members present.                                                                                                       
                                                                                                                              
3:19:03 PM                                                                                                                  
SENATOR   KIEHL  moved   that,   under   the  authority   of                                                                  
AS.24.20.0604(f), Legislative  Council authorize  a contract                                                                  
for  legal services,  not to  exceed $100,000,  to undertake                                                                  
litigation  on  behalf  of  the  legislature  regarding  the                                                                  
governor's issuance  of an executive order  during the first                                                                  
special   session   of   the  Thirty-Fourth   Alaska   State                                                                  
Legislature.  He  further  moved  that  Legislative  Council                                                                  
authorize the  Chair to give direction  to Legislative Legal                                                                  
Services   and   outside   legal   counsel   regarding   the                                                                  
litigation.                                                                                                                   
                                                                                                                              
CHAIR  HANNAN objected  for  the purpose  of discussion  and                                                                  
asked for Legal  Services Director Emily Nauman  to speak to                                                                  
the motion.                                                                                                                   
                                                                                                                              
EMILY NAUMAN, Director, Legal  Services, LAA, explained that                                                                  
the  genesis of  this litigation  stems from  a disagreement                                                                  
between the  legislature and the governor  regarding whether                                                                  
the governor  has authority, under the  Alaska constitution,                                                                  
   to introduce an  executive order  during a special  session.                                                               
   She noted that the  issue is before the legislature  because                                                               
   the  governor  recently  introduced  Executive  Order   137,                                                               
   establishing  the  Department  of  Agriculture,  during  the                                                               
   special session.  The order  was returned  by the  presiding                                                               
   office to the governor.  However, the governor has  asserted                                                               
   that he will give effect to it because it was  not expressly                                                               
   rejected or disapproved  by the  legislature. This  conflict                                                               
   in the  interpretation of  the  constitution has  created  a                                                               
   constitutional  question   between   the   legislative   and                                                               
   executive  branches,  and  the  litigation  is  intended  to                                                               
   resolve whether a governor may introduce an executive  order                                                               
   during a special session.                                                                                                  
                                                                                                                              
   REPRESENTATIVE KOPP  stated that  he strongly  supports  the                                                               
   separation  of  powers  and  the  legislature's   authority,                                                               
   specifically through Legislative  Council, to  file suit  if                                                               
   necessary to resolve  questions of law.  He noted,  however,                                                               
   that the  administration  appears to  have  deescalated  its                                                               
   efforts to create the department outside of the  legislative                                                               
   process. He  further stated  that  two bills  are  currently                                                               
   before the legislature addressing this matter and  expressed                                                               
   his preference not  to initiate litigation  unless there  is                                                               
   clear action by the  administration indicating an intent  to                                                               
   proceed unilaterally.  He clarified  that  his vote  is  not                                                               
   against protecting the separation  of powers but reflects  a                                                               
   desire to preserve legislative authority while also  working                                                               
   in  a  bipartisan  and  transparent  manner  that   respects                                                               
   constitutional processes  without  unnecessarily  escalating                                                               
   political tensions  already  present at  both  national  and                                                               
   state levels.                                                                                                              
                                                                                                                              
   REPRESENTATIVE STUTES stated that  while it is important  to                                                               
   make  every  effort  to  work  with  the  governor  and  the                                                               
   executive branch,  it is  equally important  to protect  the                                                               
   rights of the  legislature. She said that,  as a parent  and                                                               
   grandparent, the  situation  seems simple,  this  order  has                                                               
   already been brought  before both bodies  and clearly  voted                                                               
   down. Framing it as a question of  We said,  no    Don't you                                                               
   understand what  no   means   She further  noted that it  is                                                               
   still  the   Thirty-Fourth  Legislature   with   legislation                                                               
   pending on  this issue. If  the executive  branch wishes  to                                                               
   pursue it,  the proper  avenue  is through  the  legislative                                                               
   process. She  expressed concern  that introducing  a  second                                                               
   executive order during a  special session with limited  time                                                               
   disregards the  legislature's decision,  reiterating,  "What                                                               
   part of no don't you understand?"                                                                                          
                                                                                                                              
REPRESENTATIVE PRAX cautioned  against approving the motion.                                                                  
He believes  the legislature is  too focused on  the current                                                                  
disagreement  with  the  governor and  not  considering  the                                                                  
broader implications  for future  governors who may  need to                                                                  
act urgently. He  emphasized that when the  governor calls a                                                                  
special session, the legislature  is required to convene and                                                                  
retains the  authority to  reject action  if it  chooses. He                                                                  
expressed concern  that prevailing in this  matter would set                                                                  
a precedent  that the  legislature can  act simply  by doing                                                                  
nothing,   which   is  not   a   sound   practice  for   any                                                                  
organization.                                                                                                                 
                                                                                                                              
REPRESENTATIVE   SCHRAGE  spoke   in  support   of  pursuing                                                                  
litigation,  stating  that  while maintaining  a  productive                                                                  
relationship  with the  executive branch  is important,  the                                                                  
legislature must protect its  procedural authority. He noted                                                                  
that  the legislature  has  already  rejected the  executive                                                                  
order,  yet it  was reintroduced,  and with  the January  1,                                                                  
2026, effective  date approaching, the  administration could                                                                  
create  a new  department without  legislative oversight  of                                                                  
costs or resources. He  stated that litigation preserves the                                                                  
legislature's role  in the process  and may be  withdrawn if                                                                  
the  administration reverses  course,  but at  this time  he                                                                  
supports moving forward.                                                                                                      
                                                                                                                              
SENATOR  KIEHL spoke in support  of  authorizing litigation,                                                                
emphasizing  the need  to  defend the  constitution and  the                                                                  
legislature's  role.   He  noted  that  while   he  supports                                                                  
agricultural  development in  Alaska, the  issue before  the                                                                  
committee is  whether the executive order  was introduced in                                                                  
a manner consistent  with the constitution. He  stated he is                                                                  
convinced it  was not and added  that authorizing litigation                                                                  
ensures the legislature  is prepared to act  if the governor                                                                  
proceeds  unilaterally.  He  concluded that  he  would  vote                                                                  
"yes."                                                                                                                        
                                                                                                                              
There was  no further discussion,  and a roll call  vote was                                                                  
taken.                                                                                                                        
                                                                                                                              
3:30:31 PM                                                                                                                  
YEAS:  Representatives  Carrick,  Edgmon,  Schrage,  Stutes,                                                                  
Hannan; Senators Claman, Gray-Jackson, Kiehl, Tobin                                                                           
                                                                                                                              
NAYS: Representatives Kopp, Prax                                                                                              
                                                                                                                              
The motion passed 9-2.                                                                                                        
                                                                                                                              
VI. ADJOURNMENT                                                                                                             
                                                                                                                              
   There being no further business before the committee, the                                                                  
   Legislative Council meeting was adjourned at 3:32pm.                                                                       
   3:32:09 PM