ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL    MARCH 17, 2021  4:49 PM    MEMBERS PRESENT  Representative Sara Hannan, Chair  Senator Lora Reinbold, Vice Chair  Representative Louise Stutes  Representative Bryce Edgmon  Representative Chris Tuck  Representative Matt Claman  Representative Neal Foster  Representative Cathy Tilton  Senator Click Bishop  Senator Peter Micciche  Senator Mike Shower  Senator Bert Stedman  Senator Gary Stevens  Senator Lyman Hoffman  Senator Shelley Hughes (alternate)      MEMBERS ABSENT      OTHER MEMBERS PRESENT  Senators Myers, Wilson; Representatives Claman, Cronk,  Eastman, Foster, McCabe, Rauscher, Schrage, Tuck, Vance.      AGENDA  APPROVAL OF AGENDA  COMMITTEE POLICIES  APPROVAL OF MINUTES  COMMITTEE BUSINESS  CONTRACT APPROVALS    SPEAKER REGISTER  JESSICA GEARY, EXECUTIVE DIRECTOR, LEGISLATIVE AFFAIRS  AGENCY (LAA)  TIM BANASZAK, IT MANAGER, LAA  MEGAN WALLACE, LEGAL SERVICES DIRECTOR, LAA  HILARY MARTIN, REVISOR, LEGAL SERVICES, LAA  AMANDA JOHNSON, VICE PRESIDENT, MEDICAL AND TRAINING  SERVICES, BEACON OCCUPATIONAL HEALTH AND SAFETY SERVICES  5:04:31 PM    I. CALL TO ORDER    CHAIR HANNAN called the Legislative Council meeting to  order at 5:04pm in the House Finance Room 519. Present at  the call were: Representatives Claman, Edgmon, Foster,  Hannan, Stutes, Tilton, Tuck; Senators Bishop, Micciche,  Hoffman, Shower, Stedman, Stevens, Reinbold.    14 members present.      II. APPROVAL OF AGENDA    5:06:20 PM  VICE-CHAIR REINBOLD moved and asked unanimous consent  that Legislative Council approve the agenda as presented.    The minutes were approved without objection.      III. COMMITTEE POLICIES - IT SUBCOMMITEE    CHAIR HANNAN announced that Legislative Council would be  establishing an Information Technology subcommittee,  chaired by Tim Banaszak, IT Manager for the Legislative  Affairs Agency. This committee would be comprised of  members or their designated staff, and members would need  to confirm with the Chair's Chief of Staff, Tim Clark,  interest in membership by Wednesday, March 24.    REPRESENTATIVE TILTON asked for clarification on what  outcomes were predicted regarding the IT Subcommittee.    CHAIR HANNAN asked TIM BANASZAK to respond.    TIM BANASZAK stated the outcomes of the IT Subcommittee  would include advising the council on IT related projects  and operations affecting the legislature, as well as  vetting technology proposals to prepare information  before presentation to the full Legislative Council.    Seeing no further questions, CHAIR HANNAN continued the  meeting.        IV. APPROVAL OF MINUTES    5:08:57 PM  VICE-CHAIR REINBOLD prefaced her motion for approval of  the previous meeting's minutes by saying that she had let  CHAIR HANNAN know ahead of time that there likely would  be an objection. VICE-CHAIR REINBOLD moved and asked  unanimous consent that Legislative Council approve the  minutes dated January 18, 2021, as presented.    CHAIR HANNAN asked if there was an objection, and VICE- CHAIR REINBOLD said she would object.    CHAIR HANNAN invited VICE-CHAIR REINBOLD to speak to her  objection, and the VICE-CHAIR detailed her confusion on  page 57 of the January 18 minutes regarding amendments to  the mask policy.    CHAIR HANNAN called a brief at-ease.    CHAIR HANNAN called the meeting back to order.    VICE-CHAIR REINBOLD requests clarification on earlier  policy concerns citing "confusion in the workplace."    CHAIR HANNAN stated that she will rule the VICE-CHAIR out  of order, then called an at-ease.    Meeting is called back to order and VICE-CHAIR REINBOLD  again asks for clarification, says she understands now  that the current task at hand is approval of minutes, but  asks for clarification of masking and screening policies  and would like to make that an urgent order of business,  citing again page 57 of the previous meeting's minutes.    CHAIR HANNAN reminds VICE-CHAIR REINBOLD that the current  issue is approval of the minutes, not whether anyone  agrees or disagrees with the policy the VICE-CHAIR is  citing.    REPRESENTATIVE TILTON agrees with VICE-CHAIR REINBOLD  that there are issues with the masking and screening  policies. She says while she takes no issue with the  minutes at this time, she respectfully requests mask  policy discussion be added to the agenda.    CHAIR HANNAN reminds the Council that there is a motion  on the floor and asks if anyone would like to speak to  that motion.    SENATE PRESIDENT MICCICHE asks for clarification as to  whether or not there is a motion on the floor.    CHAIR HANNAN responds that yes, there is a motion on the  floor to approve the minutes.    SENATOR STEDMAN offers that if there is an objection to  the minutes, he would like to know where in the minutes a  transcriber made an error. If not, he suggests the  Council adopt the minutes as presented and if there is an  issue with the accuracy of the minutes, to note it for  correcting and move on with the meeting.    CHAIR HANNAN again asks if anyone would like to speak to  the adoption of the minutes.    VICE-CHAIR REINBOLD states that she does not want the  hands of a previous Legislature to bind this Council's  hand, and then removes her objection to adoption of the  minutes.    SENATOR STEVENS requested to speak to the policy in  question.    CHAIR HANNAN suggests that first the Council approves the  minutes, and then she will recognize his concerns  afterwards. She asks if there are any further objections  to the approval of the January 18, 2021, minutes. Seeing  none, the minutes are approved. She notes that Senator  Hughes is present online as an alternate. She returns to  Senator Stevens.    SENATOR STEVENS states that the Legislative Council  approves policies every session, every year. Those  policies continue until they are changed, so in answer to  Senator Reinbold's questions, the remedy to her concerns  is to change the policy if that is what this Legislative  Council wants to do, not to deal with the minutes.    VICE-CHAIR REINBOLD thanks SENATOR STEVENS for his  comments and voices respect for him. She begins stating  her concern for forced mask-usage for this Legislative  Session and is ruled out of order by CHAIR HANNAN.    SENATOR STEDMAN comments that the Council should stick to  the Agenda.    VICE-CHAIR REINBOLD requests to speak again.    CHAIR HANNAN approves, with the condition that the  Senator understands she will be ruled out of order if the  Senator's comments do not relate to the Agenda.    VICE-CHAIR REINBOLD speaks to liability issues that she  thinks are important to discuss.    CHAIR HANNAN rules VICE-CHAIR-REINBOLD out of order.      V. COMMITTEE BUSINESS    A. 2021 MANUAL OF LEGISLATIVE DRAFTING    5:16:35 PM  VICE-CHAIR REINBOLD moves that the Legislative Council  approve the 2021 Manual of Legislative Drafting.    CHAIR HANNAN objects for purposes of discussion and asks  MEGAN WALLACE and HILARY MARTIN to come to the table,  present the manual, and take questions. She asks MS.  WALLACE if MS. MARTIN is present online, and MS. WALLACE  confirms that she should be, unless other work is taking  precedence.    CHAIR HANNAN asks MS. WALLACE to identify herself for the  record and to present the above manual before taking any  questions, then confirms that MS. MARTIN is online.    MEGAN WALLACE, Legal Services Director for the LAA, said  members should have in their packet a memo dated February  18, 2021, from MS. MARTIN which outlines the changes that  were made in the 2021 version of the Manual of Legislative  Drafting. She continues that Uniform Rule 10 provides that  Legislative Council shall adopt a drafting manual prepared  by the enrolling secretary, Lora Brown, Legal Editor, and  the revisor of statues, Hilary Martin. Every two years,  these two go through the drafting manual and make updates  and revisions as appropriate. The changes made from the  2019 version to the 2021 version are noted in the packet.  The 2019 Manual is beige in color, and if the 2021 version  is approved, the Print Shop will issue a new Manual with a  blue cover. Legal confers with the Chief Clerk's and Senate  Secretary's Offices to make changes from legislature to  legislature. She said this year's changes are relatively  minor and insignificant, but she and MS. MARTIN are  available to take questions as necessary.    CHAIR HANNAN offers MS. MARTIN a chance to speak on the  above.    MS. MARTIN identifies herself for the record and confirms  she is happy to address any questions regarding changes to  the Drafting Manual.    CHAIR HANNAN invites members to ask questions regarding the  Drafting Manual.    Seeing no questions or objections, CHAIR HANNAN requests a  roll call vote.    5:20:20 PM    YEAS: REPRESENTATIVES CLAMAN, EDGMON, FOSTER, HANNAN  STUTES, TILTON, TUCK; SENATORS BISHOP, MICCICHE,  HOFFMAN, REINBOLD, SHOWER, STEDMAN, STEVENS    NAYS: none.    The motion passed 14-0.    CHAIR HANNAN confirms the approval of the 2021 Legislative  Drafting Manual as written and invites members to look for  their blue copy soon.      B. FY20 LEGISLATURE AUDIT    5:21:21 PM  CHAIR HANNAN invites JESSICA GEARY, Executive Director of  the Legislative Affairs Agency (LAA), to speak on the  Legislatures Audit.    JESSICA GEARY said members should have a copy of the  Legislative Audit in their packets. She states that by  statute, every year the Legislature has an independent  audit. The current auditors are Elgee Rehfeld and for FY20  they have issued a clean audit with no exceptions. Copies  of the management letter and a schedule of appropriations,  expenditures and encumbrances are provided to both the  Budget and Audit Committee and Legislative Council. She  said she is happy to answer any questions.    CHAIR HANNAN asks if any members online or in person have  questions about the audit.    There being no questions, CHAIR HANNAN thanked MS. GEARY  for presenting a clean audit and moves forward on the  agenda.    C. FY22 LEGISLATIVE COUNCIL BUDGET REQUEST    5:23:02 PM  VICE-CHAIR REINBOLD moves that the Legislative Council per  AS 24.20.130 approve the FY22 Legislative Council Proposed  Budget and transmit it to the House and the Senate Finance  Committees for their review and action.    REPRESENTATIVE TILTON objects for purposes of discussion.    CHAIR HANNAN asks if she would like to speak to her  objection or if she would prefer to hear MS. GEARY present  the budget.    REPRESENTATIVE TILTON says that Council members have not  had an opportunity to discuss the budget, and wonders if  the Council is approving the budget itself or the  transmittal to the Finance Committees.    CHAIR HANNAN asks MS. GEARY to please respond.    MS. GEARY clarifies that the Council would be approving the  transmittal to the Finance Committees.    REPRESENTATIVE TILTON offers her thanks.    CHAIR HANNAN repeats that the budget, once approved in this  Council, would go through the Legislative Finance  Committees for review.    VICE-CHAIR REINBOLD requests to speak on a point of  clarification.    CHAIR HANNAN grants the VICE-CHAIR'S request.    VICE-CHAIR REINBOLD says the motion that was given to her  in her script uses the words "approve and transmit" and  suggests striking the words "approve and" to show that the  Council is not technically approving the budget.    5:24:47 PM  CHAIR HANNAN calls for an at-ease.    5:25:24 PM  Council returns from at-ease.    VICE-CHAIR REINBOLD suggests going through the budget and  asks if there is anything related to the Beacon contract in  the budget.    MS. GEARY responded no.    VICE-CHAIR REINBOLD asks MS. GEARY to go through the budget  in more detail for anyone who may not have a packet in  front of them.    MS. GEARY responds that is her intention. She states that  before members is the Legislative Council FY22 Proposed  Budget and Sectional Narrative that explains each  appropriation and allocation in the budget. In preparing  this budget, she works with the Presiding Officers, the  Rules Chair, and the Legislative Council Chair. She also  met with the Finance Co-Chairs or their staff.    There are two appropriations in the Legislative Council  request; a Legislative Council appropriation, which  includes the administrative functions of the Legislature,  as well as special committees and offices such as Ethics,  Ombudsman, and Office of Victims' Rights. There's also the  Legislative Operating appropriation, which includes those  functions directly connected to the operations of the  Legislature such as session expenses, House and Senate  operating, and legislator salaries and allowances. In  addition to the actual Legislative Council budget request,  there is a narrative that explains each and every  allocation. She will not read this section aloud, but will  happily answer questions once she concludes her comments.    Ms. Geary continued that as members may know, the budget  before Council is not the Legislature's full budget  requestthere is a third appropriation for the Legislative  Budget and Audit Committee which contains allocations for  the Division of Legislative Audit, the Legislative Finance  Division, and the House and Senate Finance Committees, as  well as the Legislative Budget and Audit Committees. This  portion of the Legislature's budget does not come before  Legislative Council and is transmitted directly to the  Finance Committees.    The total request for the Legislature is included in the  overview tab at the front of the budget book, on page 4,  and is where members can see the entire Legislature budget.  There are no increments in the FY22 request, and in each  appropriation FY21 Management Plan equals FY22 Governor's  figures, which equals FY22 Legislative Requests. One item  of note, state facilities rent has an estimated surplus of  $42,000 realized from savings of renegotiated and  consolidated lease space; however, there have been some  requests for district office space in both Tok and  Utqiagvik, that if approved, would use most if not all of  that surplus. She is happy to answer any questions from  members.    SENATOR STEDMAN expresses concern that the budget may be  prepared for a 90-day session, which the Legislature rarely  contains itself to, and wonders if perhaps the Finance  Committees should consider budgeting for a 120-day session.    VICE-CHAIR REINBOLD asked if the Beacon contract is not  under Legislative Council, where does it fall.    MS. GEARY says that this is the Legislative Operating  Budget, so the Beacon contract is a separate contract  outside of the Legislature's regular operating funds and  will be funded by federal funds. Currently it is being held  in a capital appropriation and will be refunded when the  Legislature receives its CARES Act funding.    VICE-CHAIR REINBOLD asked so it is through the Capital  Budget on Legislative Council.    MS. GEARY responds no, it is not in a budget. Existing  capital funds are used to pay for the Beacon contract which  will be submitted for reimbursement through federal CARES  Act money.    VICE-CHAIR REINBOLD asks whether it is from last year's  capital budget, this year's capital budget, or some other  fund as she doesn't recall discussing this Beacon contract  in the budget process.    MS. GEARY explains it was not through a specific budget  item in the budget process, but came from existing unspent  capital funds from a prior fiscal year, so it was not new  money that was used.    VICE-CHAIR REINBOLD asks when this process happened, and  under what purview did it happen.    MS. GEARY says that the Council will be moving on to the  Beacon contract next on the agenda, so perhaps that will be  a good time to discuss the initial contract and the  amendment that we have before the Council today.    SENATOR BISHOP asks MS. GEARY for additional information  about the excess funds that may go toward the Tok LIO,  specifically what a year's worth of rent would be for that  property.    MS. GEARY responds that LAA is still in the process of  approving that property, but the preliminary estimate is  just under $10,000 and has not yet been acted upon.    SENATOR BISHOP thanks MS. GEARY and explains that property  and LIO will be significant to his district.    CHAIR HANNAN clarifies that the LIO already exists, but  that the Legislature is adding a district office for a  member.    MS. GEARY confirms that CHAIR HANNAN is correct, the LIO is  not up for discussion, but there is not enough space in the  LIO for a legislator's office.    SENATOR SHOWER asks if there is any COVID funding that has  been inserted into the budget that the Legislature has  used, as tracking CARES funding has been problematic, and  asks if there have been any investigations as to reduced  cost of facilities that have been shut down over the course  of the pandemic.    MS. GEARY answers the first question saying that aside from  the money that has been approved for the Beacon contract,  the Legislature has not received any federal CARES Act  money and has not submitted for reimbursements, and that  LAA has not done an analysis on his second question,  because as he mentioned, the rental costs on the lease are  the same regardless of the spaces being open or not. She  says if he would like an analysis done, she would be happy  to pursue that for him.    SENATOR SHOWER asks MS. GEARY if she can indeed follow up  to see if there were any utility savings even as the fixed  costs of the lease were met. He says it may be a small  savings, but every penny counts and could be worth looking  into.    VICE-CHAIR REINBOLD, for clarity, restates the motion with  the amendment she requested earlier, and moves that the  Legislative Council per AS 24.20.130 transmit the FY22  Legislative proposed budget to the House and Finance  committees for the review and action.    CHAIR HANNAN asks that VICE-CHAIR REINBOLD amend the motion  to include the word Senate.    VICE-CHAIR REINBOLD agrees, and repeats "House and Senate."    CHAIR HANNAN thanks her and asks if there are any  objections to the motion.    SENATOR STEDMAN asks VICE-CHAIR REINBOLD to repeat the  motion.    VICE-CHAIR REINBOLD moves the Legislative Council per AS  24.20.130 transmit the FY22 Legislative Council proposed  budget to the House and Senate Finance Committees for their  review and action.    5:36:16 PM  CHAIR HANNAN says it is not the same motion and calls for  an at-ease.    5:37:07 PM  Legislative Council returns from at east.    MS. GEARY explains that the wording of this motion does not  matter, but since the motion has already been read one way,  the next step is to vote to amend the motion if you want to  use the new motion. Whether the word approve or transmit is  used is not relevant since the statute simply requires that  Legislative Council submit a budget to the Finance  Committees.    5:38:02 PM  VICE-CHAIR REINBOLD moves that the word "approve" is  removed from the motion and continues to explain her  reasoning.    CHAIR HANNAN asks her to stop, make the motion, then she  can speak to her reasoning for the motion.    VICE-CHAIR REINBOLD moves that the word "approve" is  removed from the motion regarding the budget transmittal  from Legislative Council to the House & Senate Finance  Committees.    SPEAKER STUTES objects to the motion, stating that the  original wording is fine the way it is and that she wants  to move on from this agenda item.    SENATOR STEDMAN agrees with SPEAKER STUTES citing past  practice is that the budget is always approved and  forwarded on to the Finance Committees for review and  believes that this Council should continue in that vein.    REPRESENTATIVE EDGMON agrees and says that he has been on  Legislative Council for a few years and that the wording is  in some respects a formality.    VICE-CHAIR REINBOLD withdraws her motion saying she has not  been on this Council since 2015 and she was seeking more  clarity and proper wording for the record.    5:39:37 PM  CHAIR HANNAN requests a roll call vote on the motion to  approve and transmit to the House and Senate Finance  Committees the FY22 Budget.    YEAS: REPRESENTATIVES CLAMAN, EDGMON, FOSTER, HANNAN  STUTES, TILTON, TUCK; SENATORS BISHOP, MICCICHE,  HOFFMAN REINBOLD, SHOWER, STEDMAN, STEVENS    NAYS: None    The motion passed 14-0.    SENATOR SHOWER asks, as a new Legislative Council member,  what is the procedure for asking clarifying questions  during Legislative Council meetings and how this process  differs from other committees and subcommittees on which he  has been a member.    CHAIR HANNAN asks SENATOR STEVENS to speak on the usual  process for this action item before it goes to the Finance  Co-Chairs, based on his experience on procedure as a  previous Legislative Council Chair.    SENATOR STEVENS says that usual process is as it has been  stated, that members are indicating to the Finance  Committees that the Legislative Council has looked at this  budget and have approved it and are transmitting it to them  to do as they will.    SENATOR SHOWER asks again to clarify, may he ask for a  product so he could look at something continuing, is that  acceptable? For example, were my LIO questions during the  budget discussion ok, or should that happen somewhere else.    SENATOR STEVENS confirms to SENATOR SHOWER that he is  absolutely welcome to bring up any issue he wants and have  it discussed at this table.    SENATOR STEDMAN offers that yes, one can bring up budget  discussions, and modifying motions, and that holding  membership on this committee requires them to act as  representatives for all legislators. He continues that  these are not secret documents, and it is just fine to  question the budget.    SENATE PRESIDENT MICCICHE states that he has been involved  in various lively discussions around the Legislative  Council table and it is perfectly acceptable to question  and seek discussion and has been part of much longer  conversations surrounding the budget in the past. He states  that a member makes the motion, members ask anything they  want to ask, and vote whether to move it forward. If a  member finds themself not in support, that is okay, but  everything is available to be appropriately questioned in  this committee, always.    SENATOR SHOWER said thank you and that he just wanted to  confirm that asking for a product is an appropriate  question and not handled differently than in other  committees.      VI. CONTRACT APPROVALS    A. AMENDMENT TO BEACON OHSS CONTRACT FOR COVID-19  RELATED SAFEY SERVICES    5:43:38 PM  CHAIR HANNAN moves to the Beacon OHSS contract, an increase  of available funds, and to address vaccination services.  She calls on SENATOR MICCICHE to read the first motion.    5:44:04 PM  SENATE PRESIDENT MICCICHE calls for a brief at-ease.    5:44:21 PM  CHAIR HANNAN calls the meeting back to order.    SENATE PRESIDENT MICCICHE moves that Legislative Council  approve an amendment to the Beacon OHSS contract to extend  the termination date to June 30, 2021, and to increase the  original amount of the contract by 1.5 million dollars,  with the intent that federal receipts cover the cost of the  contract to the greatest extent possible.    VICE-CHAIR REINBOLD objects.    CHAIR HANNAN invites her to speak to her objection.    VICE-CHAIR REINBOLD states that she believes that as  employers, if legislators are indeed employers rather than  elected officials, but that there are people in the room  who are employees and employers. She is concerned that  Legislative Council and leaders will be liable if they set  policies for the Capitol that violate constitutional  rights, forced masks, facial recognition, PCRs and vaccines  that are under emergency use and therefore cannot be  mandated, she is concerned that people are being "volun- told" that they must wear masks, and adhere to policies  regarding quarantine and isolation. She states that before  she can approve any of this, that the Legislative Council  must hold a thorough discussion regarding those policies.    CHAIR HANNAN explains that what is before members today is  an expansion of the contract, not the policies. She states  she is more than willing to have MS. WALLACE, attorney and  Legislative Legal Director, come to the table to address  liability questions, otherwise AMANDA JOHNSON, from Beacon,  is here to address the contract itself.    AMANDA JOHNSON with Beacon OHSS states that as noted in the  overview letter in the packet that the scope of the initial  contract has changed, as well as the mitigation plans based  on some recent outbreaks. The testing strategies have  changed, and Beacon needs to increase the level of staffing  as well as the amount of testing. These are the reasons for  the changes in intent and in budgetary dollars. Beacon has  put forth a forecast as it relates to the term of this  session as well as any extensions of the session,  accounting for the 1.5 million increase.    CHAIR HANNAN invites members to ask MS. JOHNSON any  questions they have and invites MS. GEARY to add anything  she sees fit.    REPRESENTATIVE TILTON asks under whose authority changes  were made to the contract, whether they went through  Legislative Council or some other route.    MS. GEARY responded that when the Legislature reached out  for the RFP for the services Beacon would provide, it had a  different testing strategy in mind. The Legislature  recognized it was not made up of medical experts, which is  why members sought to hire such professionals and it was  recommended that for a congregate setting such as the  Capitol, cycle testing was the most effective way to  control COVID-19 outbreaks and that testing makes up a very  large portion of the budget. Based on the forecast  mentioned earlier, there have been over 6,000 tests  conducted. To answer the question of the authority given in  the contract, she states that the Legislature left it to  the health experts in consultation with the CDC and with  Public Health. Things were left somewhat flexible to allow  for the best outbreak control within the Capitol.    SENATOR SHOWER states that he understands the policy is not  what is currently up for discussion, but that he has a  problem with it feeling like it is putting the cart before  the horse, in that a budget extension approval on policies  he has not yet had a chance to offer input, or discuss, or  question, or modify and that this makes it a budget issue.  To him, it seems like this is approving a budget for a bill  that members have not passed yet, making it harder for him  to want to approve this budget extension without having had  any input into the process of what the Legislature is  paying for. That is a hard road for him as a legislator and  is backwards from what he usually does, he says, "we pass  bills, and then we appropriate for them."    MS. GEARY comments that the policies are written such that  as soon as CDC and Public Health guidelines loosen up, then  the Capitol's policies are flexible and will follow suit.  She again states that the Legislature is taking their  advice from health experts and not other sources. As soon  as CDC and Public Health guidelines relax their standards,  we can adjust legislative policy immediately at the  direction of this committee    SENATOR SHOWER says he understands, but that is the  Legislature's decision whether they would like to follow  CDC guidance or not. He asks for the chance to have a  discussion and a debate within Legislative Council to come  to agreement, stating that this contract was written under  a previous Legislative Council, and this Council has not  yet approved it.    SENATE PRESIDENT MICCICHE clarifies that previous  Legislative Councils have made many policies that stand  until they are changed. He says that this Legislative  Council, whether or not they approve this extension, will  continue to have the power to change policy surrounding it  going forward and asks for confirmation from MS. GEARY.    MS. GEARY confirms that the SENATE PRESIDENT is correct.    SENATOR STEVENS agrees and states that Legislative Councils  create policies, and those policies remain until changed by  another Legislative Council, so the policies made last year  continue until changed. Should this Legislative Council  choose to, they can change them any time. He hopes that  members are cautious about that, stating that Council has  been very successful at controlling COVID-19 in this  building through all the things done with Beacon. He offers  his great appreciation to MS. GEARY for her efforts in  getting the Legislature to the right place and speculates  who knows how many people could have contracted COVID-19  had those policies not been in place. He offers that one  can disagree with policy all one wants, but that policy  remains in effect until this Council changes it.    VICE-CHAIR REINBOLD states that she sent to the  unofficial Senate President, on January 12, 2021, her  numerous concerns with the policy and that she trusted him  to help get them changed. She is uncomfortable funding a  budget within which members have not been able to review  policies. Out of protection for this Legislative Council,  she needs to get it on record that there is a form of  liability that exists between employers and their  employees, called vicarious liability, in which one party  has responsibility for a third party, and if that third  party commits an unlawful action, the employer may be held  liable. For example, masks and regarding violating  constitutional rights    5:55:42 PM  CHAIR HANNAN rules VICE-CHAIR REINBOLD out of order, as  these are not elements of the contract before members.    Discussion continues.    VICE-CHAIR REINBOLD asks for a chance to clarify, saying  she will take the mask issue off.    CHAIR HANNAN says no, that VICE-CHAIR REINBOLD is speaking  to liability, and if the Legislature's legal authority and  lawyer, would like to speak to members about liabilities,  that would be appropriate. She states that what members are  speaking to at present is the contract that Beacon has. She  does not believe it has a liability issue for Council  members to discuss.    VICE-CHAIR REINBOLD again asks to clarify and speaks about  isolating and quarantining people.    5:56:31 PM  CHAIR HANNAN rules VICE-CHAIR REINBOLD out of order again.  Council takes a brief at ease.    At 5:57:06, Council returns from the at ease and CHAIR  HANNAN recognizes REPRESENTATIVE CATHY TILTON.    REPRENSENTATIVE CATHY TILTON states that in regards to the  contract, she agreed with Senator Shower that there was a  request made to the Chairs office, dated March 12, 2021,  asking when Council could have the discussion on the  mitigation policies to determine whether the contract was  of the right amount and she had not seen a response as of  yet.    5:57:46 CHAIR HANNAN calls a brief at ease.    5:58:13 PM  Council returns from brief at ease.    SENATOR SHOWER thanks CHAIR HANNAN and states that he  understands SENATOR STEVENS but is asking for the chance to  have a meeting and discussion before extending the budget  for Beacon OHSS. He understands that Legislative Council  policy stays until it is changed, but says that he is  asking for a chance to do that and have a meeting with the  Council prior to approval of the motion in discussion. He  thanks CHAIR HANNAN again for allowing him to make this  clarification.    VICE-CHAIR REINBOLD states that budget drives policy, and  that the Council has not reviewed the policy and she does  believe there are liability issues with facial recognition  and    5:59:28 PM  CHAIR HANNAN rules VICE-CHAIR REINBOLD out of order.    Council takes a brief at ease.    5:59:40 PM  Council returns from brief at ease.    SENATE PRESIDENT MICCICHE requests that CHAIR HANNAN have a  future Legislative Council meeting to discuss the concerns  raised. There are bills due beyond what has been  appropriated. He is comfortable moving forward and  approving this motion, but requests that the Council  gathers as a group either as a smaller task force or as a  full Legislative Council to discuss the contract and a  transition plan forward that everyone can understand. He  thinks it is fair to plan for that and it will prevent this  meeting from going all night. He thinks some folks have  different levels of acceptance for the current situation  and that discussion should take place. He requests, for the  record, stating it would be fruitful for everyone in this  group to participate in that exercise.    CHAIR HANNAN agrees to ask her staff to begin polling the  next day for members availability for the next Legislative  Council meeting where members will have that opportunity.    SENATOR STEDMAN states he thinks members need to stick to  the agenda, clearly there needs to be an increase to the  appropriation and he supports that. He says that Council  members can change the policy any time and the money is not  expensed, if there is a majority of Council members who  want to convene at another meeting to have a policy  discussion it can happen any time in the next couple weeks,  but tonight there is business in front of members, it is  dinnertime, and he thinks members need to keep the meeting  on track. Those who do not support the appropriation  request can vote no, and those who do can vote yes, it is  that simple.    CHAIR HANNAN asks SENATE PRESIDENT MICCICHE to restate the  motion, and he moves that Legislative Council approves an  amendment to the Beacon OHSS contract to extend the  termination date to June 30, 2021, and to increase the  original amount of the contract by 1.5 million dollars with  the intent that federal receipts cover the cost of the  contract to the greatest extent possible.    CHAIR HANNAN says that is the motion before members and  requested a roll call vote.    YEAS: REPRESENTATIVES CLAMAN, EDGMON, FOSTER, HANNAN,  STUTES, TUCK; SENATORS BISHOP, MICCICHE, HOFFMAN,  STEDMAN, STEVENS  NAYS: REPRESENTATIVE TILTON; SENATORS SHOWER, REINBOLD    The motion passed 11-3.    6:03:24 PM  CHAIR HANNAN asks SENATE PRESIDENT MICCICHE to read the  second motion involving the Beacon OHSS contract.    SENATE PRESIDENT MICCICHE moves that Legislative Council  approve an amendment to the Beacon OHSS contract to add to  the list of services provided under contract the  administration of the COVID-19 vaccine to all those  eligible as determined by the Executive Director in  consultation with the Council Chair and Legislative  Leadership, and that this amendment be made retroactive to  January 15, 2021.    SENATOR REINBOLD objects.    CHAIR HANNAN invites her to speak to her objection.    SENATOR REINBOLD states that under Emergency Use  Authorization that members talk about this through Health  and Social Services which was passed unanimously on the  Senate floor, that the vaccine cannot be mandated and will  require informed consent. She wants to ensure that as a  contractor, Beacon is fully aware of the above and will  comply.    MS. JOHNSON says that yes, Beacon has followed the informed  consent and it is identical to the State of Alaska's  consent form, it has all of the same protocols and provides  the same documentation, and the vaccinations were not  mandated in any way, shape, or form, they were offered by  invitation to anyone who wished to participate.    VICE-CHAIR REINBOLD asks if there is any anticipation of  mandating these vaccines in any way.    MS. JOHNSON confirms not from Beacon's perspective, as that  would be beyond their objectives.    VICE CHAIR REINBOLD asks whether Beacon is aware through  the Emergency Authorization that Beacon cannot mandate  vaccinations.    MS. JOHNSON confirms again that Beacon would not be  mandating any vaccinations.    VICE-CHAIR REINBOLD asks if MS. JOHNSON knows whether the  PCR test falls under the Emergency Use Authorization.    MS. JOHNSON confirms that the PCR lab-based test as well as  the Abbott IDNow test have been federally approved under  Emergency Use Authorization since the beginning of the  pandemic.    SENATE PRESIDENT MICCICHE makes a point of order.    CHAIR HANNAN we are speaking to the vaccines on the record  as part of the contract.    SENATOR STEVENS asks how many vaccinations Beacon has  distributed to-date, and states he thinks its remarkable  what the organization has done and has heard the numbers  before but as they change every day, is hoping for an  update. So many people in the Capitol who have received  their vaccines from employees to members of the  Legislature, and it could have saved people untold hardship  and illness.    MS. JOHNSON states that since the efforts started a few  weeks before this meeting, Beacon has administered 240  first doses and coordinated for four individuals to receive  second doses through a transfer from Bartlett Hospital. She  thanks SEARHC and Bartlett for their local support as well  as direct assistance to Beacon's efforts at the Capitol.    SENATOR SHOWER asks if authority mentioned in the motion  (Executive Director, Legislative Council Chair, and  Legislative Leadership) that determines the policy carried  out by Beacon will have the ability to force vaccinations.  In other words, he asks if voting for this motion will  provide the authority to a body or a person to require  legislators or staff to take a vaccine if they wish not to.    MS. GEARY says that authority is specifically related to  who is eligible for the vaccine within the building and  includes members of the media should they choose. If this  motion passes, it will in no way allow anyone to mandate  the vaccine for anyone.    CHAIR HANNAN states that the wording of the motion simply  extends eligible recipients for the vaccine to include  members of the media who work in the building and members  of the Executive Branch who work in the Capitol.    SENATOR SHOWER thanks CHAIR HANNAN and says that while the  first read-through of the motion had him feeling concern  about mandatory vaccines, his question has been answered.    SPEAKER STUTES asks if Beacon will be able to facilitate  the second vaccine dose to the 240 recipients of the first  dose.    MS. JOHNSON states that Beacon will be able to administer  all second doses to anyone who they provided first doses  to.    REPRESENTATIVE EDGMON asks on behalf of former Legislative  Council member, Representative Drummond, if there is any  record of total number of Capitol campus workers who have  been vaccinated, and if so, who is keeping the running  tally.    MS. GEARY states that she is keeping a running tally of  those who volunteer that information to her. It is not  required for any individual to submit their information,  but doing so would be a useful tool and she is planning on  doing outreach to hopefully help track the number of  vaccinations within the building.    REPRESENTATIVE EDGMON asks for confirmation that this  effort by MS. GEARY would track both Beacon-administered  vaccinations as well as vaccinations administered by other  entities.    MS. GEARY says that is correct, and she is keeping a  comprehensive list, as the more information she has, the  closer the Legislature may be to loosening up policies.    SENATOR HOFFMAN asks what number the Legislature would have  to achieve to reach herd immunity within the Capitol.    MS. GEARY states that Dr. Zink presented in a Zoom meeting  this morning and that question was asked. Dr. Zink stated  that, "we don't know at this time," due to various variants  changing the COVID-19 landscape daily. She recommends  participating in the next COVID-19 Zoom chat next Wednesday  and asking that question, as Dr. Zink stated that new  information is coming out daily from the CDC on this topic.    SENATOR HOFFMAN states that he believes herd immunity is  something the Capitol campus should seek to achieve for the  safety of workers and their family members. There are many  young staffers who go home to their families and friends  and achieving herd immunity would mean giving greater  protection not only to people in the building, but their  communities as well.    REPRESENTATIVE TILTON references questions she emailed to  MS. JOHNSON earlier regarding whether Beacon's employees  within the contract will be following the same guidelines  as the rest of those in the building and acknowledges that  she received answers. She then asks if she could please  explain the certifications for vaccine administrators.    MS. JOHNSON states that in alignment with Alaska State law  about who can administer vaccines, Beacon staff is  certified through an online course and they also have a  medical certification under the authority of the Medical  Director.    SENATOR BISHOP thanks MS. GEARY, Legislative Council, and  Beacon for the professionalism of their employees, saying  they are A-number-one in his book. He thanks their staff  for being here and keeping employees of the Capitol safe  every day.    SENATOR SHOWER asks about Beacon staff having access to the  vaccine and speculates about the possibility of a COVID-19  spreading event due to their location within the building  creating a funnel effect through which all members must  pass, and asks if MS. JOHNSON can speak to their general  vaccination status.    CHAIR HANNAN checks with MS. JOHNSON to see if she would be  concerned about making a HIPAA violation to speak to this  on the record.    MS. JOHNSON states that as she is not going to speak to any  specific individual's status, she is comfortable answering.  She states that Beacon is in compliance with the policies  that Legislative Council has passed. Beacon employees  within the Capitol follow those and ensure they are leading  by example, all wear medical-grade masks, and have been  fit-tested appropriately for those masks, and that all  individuals providing COVID-19 mitigation through Beacon  within the Capitol were eligible for the first round of  vaccine distribution as they were considered front-line  healthcare workers.    SENATOR SHOWER offers his appreciation for her answer.    VICE-CHAIR REINBOLD says she wants to make it clear that  she is for the freedom for individuals to direct their own  healthcare and if people want the vaccine, to let them get  the vaccine. However, her oath is to the Constitution and  she wants to ensure she upholds constitutional rights  surrounding privacy violations. HIPAA is very important to  her and she looks forward to having an opportunity to talk  about liability. She states that her question involves the  Division of Administration who came before the Judiciary  Committee, which she chairs, and stated that liability lies  with the individual who injects the vaccine into another.  She asks if Beacon is aware of that liability.    MS. JOHNSON responds yes, Beacon is aware.    VICE-CHAIR REINBOLD asks, God forbid, anyone has negative  complications due to vaccination, do you know where the  liability    CHAIR HANNAN ruled SENATOR REINBOLD out of order.    6:17:47 PM  Council takes a brief at ease.    6:18:16 PM  Council returns from brief at ease.    Recording returns in progress as MS. JOHNSON states that as  a medical provider, Beacon holds liability and has medical  directorship in place and would not proceed with any  services that were not appropriately covered.    VICE-CHAIR REINBOLD asks if anyone is injured, where can  they turn.    MS. JOHNSON explains that Beacon has standing orders in  place for providing any medical services as well as  partnerships with local medical health units, as well as  telemedicine support. Everyone who receives the vaccine is  advised if they have any questions to reach out to Beacon  through a medical line available 24/7.    SENATOR STEDMAN states that he believes it is time to wrap  this meeting up, citing that it is late and time for  dinner, and he would like to move forward.    CHAIR HANNAN states that the question has been called and  asks SENATE PRESIDENT MICCICHE to repeat the motion.    6:19:13 PM  SENATE PRESIDENT MICCICHE moves that Legislative Council  approve an amendment to the Beacon OHSS contract to add to  the list of services provided under contract the  administration of a COVID-19 vaccine to all those eligible  as determined by the Executive Director in consultation  with the Legislative Council Chair and Legislative  Leadership and that this amendment be made retroactively to  January 25, 2021.    CHAIR HANNAN requests a roll call vote.    YEAS: REPRESENTATIVES CLAMAN, EDGMON, FOSTER, HANNAN,  STUTES, TILTON, TUCK; SENATORS BISHOP, MICCICHE,  HOFFMAN, SHOWER, STEDMAN, STEVENS    NAYS: SENATOR REINBOLD    The motion passed 13-1.    VII. ADJOURN    CHAIR HANNAN reminds members that she will be polling for  their availability for the next meeting.    There being no further business, Legislative Council was  adjourned.    6:20:36 PM