Legislature(2021 - 2022)
01/17/2022 08:00 AM Senate LEGISLATIVE COUNCIL
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ALASKA STATE LEGISLATURE
LEGISLATIVE COUNCIL
JANUARY 17, 2022
8:00 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 Lyman Hoffman
Senator Peter Micciche
Senator Bert Stedman
Senator Gary Stevens
MEMBERS ABSENT
Senator Shelley Hughes (alternate)
Senator Mike Shower
OTHER MEMBERS PRESENT
Representatives Drummond, Hopkins, Merrick; Senator Wilson
AGENDA
APPROVAL OF AGENDA
COMMITTEE BUSINESS
COMMITTEE BUSINESS - EXECUTIVE SESSION
SPEAKER REGISTER
Executive Director Jessica Geary
8:08:26 AM
I. CALL TO ORDER
CHAIR HANNAN called the Legislative Council meeting to
order at 8:07am in the House Finance Committee Room.
Present at the call were: Representatives Claman, Edgmon,
Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,
Micciche, Hoffman, Stedman, Stevens, Reinbold.
Members absent were: Senators Hughes and Shower.
Thirteen members present.
II. APPROVAL OF AGENDA
8:10:28 AM
VICE-CHAIR REINBOLD moved and asked unanimous consent
that Legislative Council approve the agenda as presented.
The motion passed without objection.
III. COMMITTEE BUSINESS-EXECUTIVE SESSION
A. Possible Litigation Relating to the Alaska Higher
Education Investment Fund
VICE-CHAIR REINBOLD moved and asked unanimous consent
that Legislative Council go into Executive Session under
Uniform Rule 22(B)(1) and (3), discussion of matters, the
immediate knowledge of which would adversely affect the
finances of government unit and discussion of a matter
that may, by law be required to be confidential. The
following individuals can remain in the room or online:
Jessica Geary, Sant Lesh, Megan Wallace, Emily Nauman,
Hillary Martin, Marie Marks, Linda Bruce, Helen Phillips,
Jodie Murdock, Brie Wylie, Shannon Easterly, legislators
not on Legislative Council, any staff of Legislative
Council members, and Kevin Cuddy with Stoel Rives, LLP.
The motion passed without objection
8:11:56 AM
Council went into Executive Session.
9:25:28 AM
Council came out of Executive Session.
CHAIR HANNAN requested a roll call vote to confirm a
quorum.
Present at the call were: Representatives Claman, Edgmon,
Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,
Micciche, Hoffman, Stedman, Stevens, Reinbold.
Thirteen members present.
9:26:26 AM
VICE-CHAIR REINBOLD moved that, under the power conferred
under AS 24.20.060(4)(F), Legislative Council file an
amicus brief on behalf of the Legislature in legal
matters concerning the sweep of the Higher Education
Investment Fund into the Constitutional Budget Reserve,
and that Legislative Council authorize the chair to give
direction to the Legal Services Division and outside
counsel regarding this briefing.
Vice-Chair Reinbold further moved that Legislative
Council approve the contract with Stoel Rives LLP for
legal services to prepare and file any amicus brief in
legal matters concerning the sweep of the Higher
Education Investment Fund into the Constitutional Budget
Reserve fund.
SENATOR STEVENS said he appreciates the motion, as this
action shows the Legislature's support for Alaskas
students who would not know year to year if funds would
be available, which could put them in jeopardy. The funds
would have to come through the legislative process, the
uncertainty of which would especially impact students in
long-term programs, such as medical students.
SENATOR STEDMAN noted that since FY12, when this fund was
created, it was not on a sweepable list and was not an
issue. The Legislature operated in good faith since. It
was not until this current administration reinterpreted
the sweep after their legislation to liquidate this
program failed in the Legislature. He voiced his support
for this action.
REPRESENTATIVE EDGMON reminded the committee that even
though the super majority 3/4 reverse sweep vote failed
in the Legislature, the record does show that most of the
Legislature still supported the reverse sweep going
forward.
9:29:13 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes, Tuck; Senators Bishop, Micciche, Hoffman,
Stedman, Stevens, Reinbold.
NAYS: Representative Tilton.
12 YEAS, 1 NAY
The motion passed 12-1.
IV. COMMITTEE BUSINESS
A. Review of Legislative Council COVID-19 Mitigation
Policy
CHAIR HANNAN reminded Council that much of what will be
discussed will be very familiar since this item was back
before the Council for discussion as the recess from the
previous meeting had expired.
9:31:28 AM
VICE-CHAIR REINBOLD moved to make masks available but
optional in the Legislature.
CHAIR HANNAN reminded members this motion from Vice-Chair
Reinbold had been substantively debated in an earlier
Legislative Council meeting.
SENATOR STEVENS said he opposed making masks optional,
deeming it the wrong time to lift the mask policy. A
Beacon employee (COVID testing contractor) whom Senator
Stevens spoke to said no Beacon workers contracted COVID.
The worker attributed it to the fact they all wore masks.
SPEAKER STUTES asked for clarification: if the proposed
amendment applied only to people working in the Capitol
or to the public as well.
VICE-CHAIR REINBOLD, responding to a request to clarify
the intent of her motion, said that to the best of her
knowledge other State employees are not mandated to wear
masks, and that masks and PCR tests should be available
but not mandated. She stated most people are vaccinated
or have had COVID, and that the current policy is over
the top and not necessary. Her preference regarding
Legislative Council policy is that it deal with the
Legislature and legislative staff.
SPEAKER STUTES asked again if Senator Reinbolds proposed
policy change would apply to the public as well.
VICE-CHAIR REINBOLD stated her intent was that it just
applied to the Legislature and legislative staff.
REPRESENTATIVE CLAMAN, addressing Executive Director
Geary or Legal Services Director Megan Wallace, asked if
they agreed that the current policy, which reads, face
coverings/masks are required in all legislative
facilities regardless of vaccination status" was not
limited to the Legislature or its employees, but applied
to the public as well.
EXECUTIVE DIRECTOR GEARY agreed that the mask requirement
in the policy as currently written also applied to the
public in legislative facilities.
SENATOR STEDMAN said with the current status of COVID
sweeping the nation and within Alaska, that he agrees
with Senator Stevens statement. He does not support the
proposed amendment.
REPRESENTATIVE TUCK said he is not a fan of masks,
although the Legislature must take mitigating measures,
and that opening the Capitol to the public is cause for
celebration. With its closure, the public has not been
involved nearly as much with the Legislature as they have
in the past because of COVID.
He said that last year after a policy change, it was a
relief to not have to wear masks; however, Omicron is
very contagious, albeit mild, and its a balance. He said
Council must look at what will happen to the Session if
there is an outbreak. If Omicron hits hard here, many
legislators and staff will likely be crippled from doing
their business. He said his preference is testing, which
is the reason Legislative Council approved mask removal
in the first place.
He continued that opening the Capitol to the public would
make it difficult, in cost and logistics, to test
everyone who enters the building. He said that only
testing the Legislature but not the public is futile. He
stated that Legislative Council may be reversing
priorities by focusing on masking first instead of
testing. With that he showed his support for mandatory
masks until a later date.
SPEAKER STUTES asked Executive Director Geary if the
proposed amendment for a voluntary mask policy would it
apply to the public as well?
EXECUTIVE DIRECTOR GEARY agreed it would apply to anyone
within the Capitol Complex, including the public.
SPEAKER STUTES said the amendment is concerning and she
cannot support the amendment.
REPRESENTATIVE CLAMAN said part of a legislator's job is
to protect their staff. If there are three staff members
wanting everyone to wear masks, we all ought to be
wearing masks. He stated he does not support this motion.
REPRESENTATIVE TILTON said she supports optional masking,
as keeping the Capitol open should be a priority. The
largest municipalities in the state have repealed their
mandates. Smaller populations that do have masking and
the highest vaccination rates are seeing the highest
rates of COVID and Omicron. When people feel sick and
have symptoms, that is the time to stay away from the
building and get tested for COVID. She said masks inhibit
the Legislatures ability to communicate, and said she
agreed with self-screening and that there is no proof
that masking stops the spread of COVID.
SENATE PRESIDENT MICCICHE called for the question and
said if anyone has questions about this topic, they can
watch the last meeting where it was debated in detail.
CHAIR HANNAN requested a roll call vote on the optional
masking motion.
9:44:22 AM
A roll call vote was taken.
YEAS: Representative Tilton; Senators Micciche and
Reinbold.
NAYS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes, Tuck; Senators Bishop, Hoffman, Stedman, Stevens.
3 YEAS, 10 NAYS
The motion failed.
9:46:06 AM
SENATE PRESIDENT MICCICHE 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.
CHAIR HANNAN repeated that the motion was to change the
word must to the word may on line one under III.
Cycle Testing/Screening after Legislators and
legislative staff.
SENATE PRESIDENT MICCICHE said, regarding the previous
motion, that he does not disagree with any of the
members votes. In the case of this motion, he has spoken
to hospitals which have only been self-screening or
screening at the door. What he seeks to do with this
motion is to save substantial funding as the Legislature
goes forward. If additional problems arise, Council can
re-evaluate the masking and testing policies.
REPRESENTATIVE TUCK said masks are tied to testing. It is
a huge cost to perform testing. He does not see the need
to test every cycle if he is coming to work then going
home. He said testing should be required after traveling.
He continued that the responsibility to test falls solely
on the individual after they travel. He trusts his
colleagues and staff to test when necessary. With
everyone wearing masks, and without the ability to test
the public, he supports the motion.
SENATOR STEDMAN said he thinks it is still too early to
relax the Legislatures standards. He sees no issue with
being tested every four days. He is not as concerned with
the funds used for testing as he is for the safety of the
Legislatures employees and getting the Legislatures
business finished in a timely manner. After this new
COVID wave subsides, that is when he would like to
discuss an amendment such as this.
He stated he dislikes wearing masks but sees it as a
necessary sacrifice. Later he may very well support a
change to the policy; however, he does not currently
support the motion.
SENATOR HOFFMAN said he does not support the motion. To
ensure the health of the building, Legislative Council
should err on the side of caution. Juneaus case rate is
very high and letting the Legislature's guard down now
would be foolish. He said Legislative Council should
retain the current policy until cases go down.
REPRESENTATIVE CLAMAN said he does not support this
motion. He noted his daughter, who works in a hospital,
tests regularly on a similar schedule to the Legislature.
She tested positive recently and had to stop working for
a period. If healthcare workers take this approach, it is
reasonable for the Legislature to keep the current
policy.
SENATOR STEVENS said that last session the Senate passed
a bill that would allow the Legislature to meet remotely,
which is still currently in House Rules, presumably
because the votes are not there to pass it. Many states
have decided to meet remotely if necessary, he said, and
that if things get worse the Legislature may be unable to
pass a budget. Until the danger has passed and the
Legislature has the ability to meet remotely, he is
opposed to this amendment.
VICE-CHAIR REINBOLD said she strongly supports the
amendment. She said she knows of no other entity that
does a test every four days and that it is not
justifiable. She spoke about the need for informed
consent; the limitations of emergency use; the
controversy over mitigation efforts; State of Alaska as
an opt-in state for medical intervention; the limitations
of masking and testing; and disparity between legislative
and other state employee mandates. She said all of this
is cost prohibitive and not justifiable.
SENATOR STEDMAN stated he would like to vote on the
amendment.
CHAIR HANNAN called a brief at ease.
9:58:52 AM
CHAIR HANNAN reminded members that the motion before
Council was to change the wording in the COVID Mitigation
Policy in the Cycle Testing section from must to may.
9:59:02 AM
A roll call vote was taken.
YEAS: Representatives Tilton, Tuck; Senators Micciche,
Reinbold.
NAYS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes; Senators Bishop, Hoffman, Stedman, Stevens.
4 YEAS, 9 NAYS
The motion failed.
10:00:25 AM
SENATE PRESIDENT MICCICHE moved that Legislative Council
extend the Beacon Occupational Safety & Health Services
contract through June 30, 2022 and authorize an increase
to the contract in the amount of one million dollars
($1,000,000) using existing Legislative capital funds.
CHAIR HANNAN reminded the members that at the December
meeting, Council only authorized this contract through
February 15, 2022. She said Council may change the policy
at any point and if testing is stopped there is no future
financial obligation.
10:01:17 AM
A roll call vote was taken.
YEAS: Representatives Claman, Edgmon, Foster, Hannan,
Stutes, Tuck; Senators Bishop, Micciche, Hoffman,
Stedman, Stevens.
NAYS: Representative Tilton; Senator Reinbold.
11 YEAS, 2 NAYS
The motion passed 11-2.
V. ADJOURN
Chair Hannan adjourned the meeting at 10:02 AM.
10:02:17 AM
| Document Name | Date/Time | Subjects |
|---|---|---|
| Agenda--January 17 2022 Legislative Council Meeting.pdf |
JLEC 1/17/2022 8:00:00 AM |
|
| Current COVID-19 Mitigation Policy.pdf |
JLEC 1/17/2022 8:00:00 AM |
|
| Thomas Hennessy, M.D., M.P.H. Curriculum Vitae.pdf |
JLEC 1/17/2022 8:00:00 AM |