ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL   MAY 14, 2021  12:30 PM    MEMBERS PRESENT  Representative Sara Hannan, Chair  Senator Lora Reinbold, Vice Chair  Senator Click Bishop  Senator Peter Micciche  Senator Mike Shower  Senator Bert Stedman  Senator Gary Stevens  Representative Louise Stutes  Representative Bryce Edgmon  Representative Chris Tuck  Representative Matt Claman  Representative Neal Foster  Representative Cathy Tilton      MEMBERS ABSENT  Senator Lyman Hoffman  Senator Shelley Hughes      OTHER MEMBERS PRESENT  Representatives Eastman, McCarty, Merrick, and Rasmussen      AGENDA  APPROVAL OF AGENDA  COMMITTEE BUSINESS  ADJOURN    SPEAKER REGISTER  Sant Lesh, Deputy Executive Director, Legislative Affairs  Agency (LAA)  Megan Wallace, Legal Services Director, LAA  12:33:05 PM    I. CALL TO ORDER    CHAIR HANNAN called the Legislative Council meeting to  order at 12:33pm in the House Finance Committee Room.  Present at the call were: Representatives Claman, Edgmon,  Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,  Micciche, Reinbold, Shower, Stedman, Stevens.    Members absent were: Senators Hoffman, Hughes.    Thirteen members present.      II. APPROVAL OF AGENDA    12:34:15 PM  VICE-CHAIR REINBOLD moved and asked unanimous consent that  the Legislative Council approve the agenda as presented.      III. COMMITTEE BUSINESS    CHAIR HANNAN noted the single item of committee business,  the adoption of a COVID-19 Mitigation Policy.    12:34:32 PM  VICE-CHAIR REINBOLD stated that she had never been happier  to make a motion in her life and moved that the Legislative  Council adopt the COVID-19 Mitigation Policy dated May 14,  2021.    CHAIR HANNAN objected for purposes of discussion and gave  the floor to Senate President Micciche.    SENATE PRESIDENT MICCICHE thanked Chair Hannan and stated  that this greater legislative family had weathered the  pandemic well, in no small part to the policies put in  place prior to the Thirty-Second Legislative Session. He  stated the testing, screening, and masking policies were  stricter than some businesses, but that they paid off and  resulted in very few cases within the building. He cited  the previous day's CDC guidance that fully vaccinated  people need no longer wear a mask or physically distance in  most settings. Given that the Capitol's vaccination rate  had recently surpassed eighty percent, he stated that the  Legislative Council's working group on COVID-19 mitigation  policies met this morning and agreed that masking within  the building could become voluntary. He stated that within  this community, many sacrifices had been made for the  health and safety of friends and colleagues, however, the  time had come for these efforts to be rewarded and to pass  back to normalcy. He thanked everyone who was involved with  these efforts and thought it could be called a success.    CHAIR HANNAN invited Sant Lesh, Deputy Executive Director  of the Legislative Affairs Agency and Megan Wallace, the  Legal Services Director, to give a walk-through of the  updated policy document before members.    MS. LESH stated her name and title for the record. She  spoke to the newness of the policy and that it would take  the place of the previous operating policies for face  coverings and masks.    Under Item I, Face Coverings/Masks, these would become  optional in all legislative facilities. The working group  mentioned above outlined the following exceptions: an  individual legislator may require masks in their office(s),  a Legislative Information Office may require masks to be  worn during the delivery of in-person services, and other  requests that are not covered by these exceptions may be  considered by the Legislative Council Chair or designee.  She stated that the thought behind the above concerns was  that some communities may experience very high rates of  COVID-19 spread, and how there may be an LIO within those  communities that could not operate safely without mask  requirements for in-person services. A disclaimer from the  original mask policy remained in the update which stated  that if a person declined to wear a mask because of a  disability or a medical condition, this policy would not  require them to produce documentation of their condition,  however it would be asked (though not required) that  legislators and legislative staff work through the  confidential Americans with Disabilities Act accommodation  process with Personnel if that was the case.    Item II, Screening, said that daily screening remained  required to ensure that people are safe, were not bringing  potential contagions into the Capitol, and were helped to  catch it at the door if they were not feeling well.    Item III, Testing, was now only recommended under certain  circumstances per CDC guidelines. If an individual,  vaccinated or not, was experiencing symptoms of COVID-19,  they should get tested (especially upon traveling). She  mentioned Dr. Tom Hennessey specifically brought up the  issue of travel during the working group meeting as  something that the Legislature may want to consider still  testing for, as well as asking weekly cycle testing of  unvaccinated individuals. She stated that all of these were  recommendations, none were mandatory, and were made with  the goal of keeping people who work for the Legislature as  safe as possible.    Item IV, Positive Test/Close Contact, stated that the  Legislature would follow CDC guidance for individuals with  the above situations. Should someone come in and test  positive or be listed as a close contact of someone who  has, members wanted to have a guideline in place that could  keep up with whatever the most recent CDC guidance was.    Finally, Item V, Updated Policy/Effect, stated that this  policy supersedes all other policies that had been in  effect up until now. She said that she and Ms. Wallace  would be happy to answer questions members may have.    REPRESENTATIVE TILTON spoke to her gratitude for the  updated policy, then asked if access points would remain  the same in the Capitol or if there was any talk of opening  other access points as the lobby entrance can get backed up  at peak hours.    MS. LESH thanked Representative Tilton for her question and  said that it could be discussed with Beacon but the issue  with screening was that only so much space was available in  the building to set up a screening station, resulting in  the current stations in the lobby and on the second-floor  catwalk entrance. She stated that some legislators and  staff have requested and received accommodations as  necessary for building entry, but she believed that other  screening locations could certainly be worked out with  Beacon and said that it could be possible to screen on the  first floor and then re-enter the building from another  location to cut down on traffic in the lobby.    VICE-CHAIR REINBOLD stated that she was thrilled about this  change overall but was confused why members could not  discuss it Wednesday but could on Friday. She said she was  not in the work group, it was the two Presiding Officers  and two Rules Chairs, so any work that they had done to  change the policy she is grateful for, she just wished it  would have been done a lot sooner. She said she was  disappointed that the rules were arbitrarily applied; she  was fined, but yet at skits there was an event-    CHAIR HANNAN said she did not want to rule the VICE-CHAIR  out of order, but what members were speaking to was the  policy and she needed her to constrain her comments to  today's discussion about this policy within the building,  not in other parts of the community.    VICE-CHAIR REINBOLD said that one of the fines was given to  her in a State building and-    CHAIR HANNAN said that State buildings are not what the  discussion was about; that it was the policy that members  have before them. She asked the Vice Chair to constrain-    VICE-CHAIR REINBOLD stated that she believes it was the  Thomas Stewart Building. She stated that in regard to the  EUA, the COVID-19 vaccines were still under emergency use  authorization, and also said that the PCR tests were under  EUA as well. She had not seen, to the best of her  knowledge, an approval to these without emergency use, so  they could not legally be mandated. She said she was very  happy to know that it was now in state law thanks to  everybody who voted for the amendment, that under state law  people could decline COVID-19 vaccines for their children  or for other adults-    CHAIR HANNAN asked the Vice-Chair to constrain her  comments, concerns, and history to the policy. This policy  did not deal with citizens instate being recommended to  vaccinate or not vaccinate; no vaccinations are required  and said that she needed the Vice-Chair to constrain her  comments.    VICE-CHAIR REINBOLD said she questioned cycle testing for  unvaccinated individuals and that was why-    CHAIR HANNAN said only members of this building, so not the  community.    VICE-CHAIR REINBOLD said that she guessed she was a member  of the community.    CHAIR HANNAN went on and said it was only recommended, not  required-    12:43:46 PM  A brief at-ease was called.    VICE-CHAIR REINBOLD said she was glad that weekly cycle  testing was just a recommendation, but her point was that  she did not want anyone segregated based on  vaccinated/unvaccinated status. She said she was very happy  overall with the policy changes, and as members know, she  did struggle with the earlier mask policies very, very much  because she does not believe in medical intervention, but  with that she was super happy that members are changing the  policy and would definitely be supporting it.    SENATOR STEVENS thanked Ms. Lesh for making sense of the  working group meeting recommendations and said this had  been a great success thus far. Efforts by all in the  Complex had protected everyone, even while it was a  struggle for everyone involved. The Capitol had seen very  few outbreaks and things could have, and likely would have,  been much worse without these protective measures. He asked  about the word, "Juneau" under Item III (Testing) and  stated that committee meetings, business, sessions could  all happen in places other than Juneau. He suggested  striking "An individual returning to Juneau," and beginning  with "after traveling."    MEGAN WALLACE acknowledged his suggestion and said she did  not know at present what the testing availability was  outside of Juneau. She was unsure if someone could be  covered by Beacon OHSS through this contract to be tested  somewhere other than Juneau. She said the intent was for  legislators and staff who were traveling out of Juneau and  returning to the Capitol for session to test upon return to  town before coming back to the building to ensure they had  not contracted anything during their travels.    SENATOR STEVENS thanked her for her answer but said it did  not really answer his question. If members had committee  meetings in Anchorage, which happens often in the interim,  if members had a session in Wasilla, for heavens' sake,  members would have to find a way to solve that to protect  people. He said it remained a question for him.    CHAIR HANNAN reminded Senator Stevens that both of Governor  Dunleavy's calls yesterday for special sessions were in  Juneau.    SENATOR STEVENS spoke to committee meetings still being  elsewhere.    CHAIR HANNAN said it would be up to the will of the  committee to change that.    SPEAKER STUTES said she was unclear on one thing even  though she attended the meeting this morning: testing. The  policy said that individuals would still be screened at the  door, but if somebody was at the door and they appeared to  have a fever, would they be required to test before they  were admitted to the Capitol? She noted that the policy  said "recommended," it did not say that an individual would  be required to test if they had symptoms.    MS. LESH said she believed the intent of the policy was  that if someone was symptomatic upon screening at the  Capitol, they would be asked to test prior to being allowed  to enter the building, so members may want to add language  that says that specifically so there is no confusion.  However, testing overall has been recommended and not  mandatory. Perhaps, depending on what the Legislative  Council thought should happen, she could adjust the  language to reflect that.    REPRESENTATIVE EDGMON thanked Speaker Stutes for her  question and stated his support of the measure. He said for  the record that this should not represent a victory lap as  the pandemic is ongoing, and as he saw it, there are still  one or two out of every ten in the Capitol who remained  unvaccinated. Members of the House, possibly the Senate, as  well as staff within the building have underlying health  issues that put them at risk, and there are also people who  medically cannot vaccinate due to health issues. He stated  that he shared the exhilaration of the celebratory members  but felt that there was still a long road ahead of this  community, especially due to the unpredictable nature of  viral variants and other aspects of this pandemic.    SENATOR SHOWER expressed his gratitude for the chance to  look at and discuss this policy, and said he agreed with  Representative Edgmon that remaining cautious is important,  but also that members must remain flexible in the event of  things taking a turn for the worse. He asked for  clarification on a few things, and said he has a staff  member who adheres to a religion and inquired about  religious exemptions for masking. He said he promised his  staff member he would discuss it with the Council.    MS. LESH asked if he means a religious exemption to decline  wearing a mask, which Senator Shower confirmed was the  case.    CHAIR HANNAN asked if he meant an exemption to masking in  an LIO or in his own office.    SENATOR SHOWER said he was asking if a religious exemption  could apply outside of the office, as there are already  medical and disability exemptions available for individuals  to decline wearing a mask in public spaces. He stated that  his staff member was currently wearing a mask but under  protest and hoped that policy could be changed to allow him  exemption. Senator Shower said he did not want to make a  big point of it, his employee said he would live with the  masking if he had to, but that he said he would inquire, so  that was what he was doing.    MS. LESH said that she believed the policy was written to  give as much flexibility as possible to allow those who  have underlying conditions and cannot be vaccinated some  measure of protection. She believed that this case could be  considered by the Chair or her designee.    SENATOR SHOWER thanked her for the answer and asked,  regarding screening, what would be required, as screening  could take up a lot of time. He said one of his staff  members wife worked in a hospital in Portland, where five  thousand employees went through screening daily. He spoke  briefly to his support of screening and that his other  occupation required screening, and that he questioned  anyone who would come to work while feeling ill. He asked  what the screening would entailwould it be the same, would  there be any way to speed up the process as it took many  hours away from members the previous session.    MS. LESH said that the working group did not specifically  address this, but since this new policy superseded all  older policies and because social distancing was included  in guidance by the CDC as being unnecessary for vaccinated  individuals, she assumed that the six-foot social  distancing may be determined no longer necessary at the  discretion of the Council which could help with the time  taken screening. Depending again on the Councils  decisions, she said that as testing would be less  necessary, it was possible that Beacon might be able to put  more staff on screening, also lessening the time taken.    SENATOR SHOWER suggested the Council could consider  studying larger hospitals and other workplaces that screen  large numbers of people to learn what methods might speed  up the Capitols process. He asked if there was any  discussion about allowing the public into the Capitol  through a different entrance or perhaps in a different  screening line as they are not employees or legislators.    MS. LESH stated that she was not sure she was the  appropriate person to respond to this question, but she  offers that the buildings closure to the public was a  decision made by leadership at the start of the pandemic  and was not necessarily included in any Legislative Council  policy. She recommended he inquire with leadership for an  answer.    SENATOR SHOWER thanked her and said he would like to  discuss the above with Legislative Council.    CHAIR HANNAN asked if anyone was seeking to amend or  clarify the policy, based on the suggestion of modification  to the screening process.    SPEAKER STUTES suggested that it might be pertinent if  someone was at the screening station with a significantly  high temperature that they be required to have a test taken  before they were allowed entrance into the building.    12:58:10 PM  A brief at ease was called.    SPEAKER STUTES asked to amend her motion with the help of  Ms. Wallace's legal guidance. Under Screening, she asked  to put an individual experiencing any COVID-19 signs must  test before entering the Capitol and under Testing, to  remove Item I that said an individual experiencing any  COVID-19 symptoms.    CHAIR HANNAN said that she wanted to make sure that the  folks who would print this up amend it or have it in a  significant enough form that they could follow as members  discuss. She then opened the floor to discussion by  members.    REPRESENTATIVE CLAMAN asked that with respect to the  amendment, if it was understood that individuals would  follow existing protocol if they had symptoms. He clarified  it was not a solely question of testing, because the  current protocol directed symptomatic people to go home.    MS. LESH said she believed that because the proposed policy  follows CDC guidance, fully vaccinated people would be  asked to go home and cooperate with contact tracing, and  unvaccinated people testing positive would be asked to  quarantine in addition to the above mitigation techniques.  She stated that in a sidebar with Ms. Wallace, they agreed  to leave contact tracing in under Item IV, and they believe  it should remain in Item III in case people who want to  test know that it is an option. Perhaps they have not come  to the Capitol, they are at home and experiencing symptoms,  so they have the option to call Beacon and have guidance  and testing provided before they enter the Capitol.    SPEAKER STUTES asked to amend her motion to leave in Item I  under Item III, Testing.    SENATE PRESIDENT MICCICHE wondered why members did not add  in individuals exhibiting symptoms will not be allowed  entry under Screening, which is what people should do,  because he does not care if they have COVID or not, he just  assumed people with a 101-degree fever that may or may not  be vomiting would not come to work. He stated that this was  just his opinion.    CHAIR HANNAN asked if there was any more discussion on the  amendment. When asked if anyone objected to what she  referred to as a conceptual amendment as members did not  have it in writing, except for Speaker Stutes.    SENATE PRESIDENT MICCICHE asked her to please repeat the  amendment.    SPEAKER STUTES read an individual experiencing any COVID- 19 signs must test before entering the Capitol.    CHAIR HANNAN clarified that the above amendment would be  added under Item II, Screening. She offered further  discussion to the Council on the above amendment.    VICE-CHAIR REINBOLD asked what all the symptoms of COVID-19  were and said she did not know that members could require  EUA tests. She said she understood and did not want people  to enter the building if they have a high fever, but she  believed it could get tricky as more was learned about  COVID-19 symptoms. She stated that she believed it was a  complicated conceptual amendment.    SENATOR SHOWER agreed with Senate President Micciche and  thought the amendment should be simplified to any  individual experiencing COVID-19 symptoms will not be  granted access to the building, because members did not  want people here who are sick no matter what they are  doing. He stated that this should have been a policy before  COVID-19.    CHAIR HANNAN said she believed the requirement to test was  to make sure that Beacon could do contact tracing. If  someone went home because they had a fever but did not  test, it would be unclear whether that fever was related to  COVID-19, other transmittable diseases, or perhaps an  infection.    SENATOR SHOWER stated again that he agreed with Senate  President Micciche in the creation of a policy that  individuals with symptoms should not be allowed entry to  the building.    REPRESENTATIVE EDGMON said it was not a bad suggestion but  was concerned it might put Beacon staff in a precarious  situation, having to make that kind of a determination at  the entry points to the Capitol.    MS. LESH said she believed Beacon already did that, by way  of screening forms that ask individuals to report symptoms  or a fever over 100.4 degrees. If someone reported either  of these, or had their temperature taken by the screeners  thermometers, they were not allowed entry into the building  and were taken to get tested.    REPRESENTATIVE EDGMON said that his concern was that the  Beacon staff at the two entrance points, who were not  medical professionals, were making the determinations  rather than the individuals self-reporting symptoms.    MS. LESH said she believed that the Beacon staff were  indeed medical professionals, but that she would confirm  and get back to Representative Edgmon. She said that while  members could always put into policy that people should not  come to work while sick, that because of the nature of  seasonal work there might be individuals with fevers who  would not self-report honestly after taking Tylenol to be  able to come to work. She stated that the idea of testing  was to help catch anyone who might think they just have  allergies, but it turned out they had COVID-19. She said  she believed the best way to deal with this issue was to  really emphasize to staff and colleagues the importance of  staying home if sick, and that if one would like to test to  put their own mind at ease, that would be available to  them.    CHAIR HANNAN offered further discussion on the amendment.    VICE-CHAIR REINBOLD said because of the growing range of  symptoms, she supported using a 100.4-degree fever as a  good, easy, test for this issue.    SENATE PRESIDENT MICCICHE stated that members of the  Council were spending a lot of time on a non-issue, if  members wanted to vote the amendment, then they should, and  that this meeting could have been much shorter. He said if  the amendment is important to the maker, he would like to  take it to a vote, and either way, he did not think the  amendment made much of a difference.    CHAIR HANNAN offered the floor to any more discussion, then  called a vote to the amendment...    SPEAKER STUTES amended her amendment to read if one tests  at over 100 degrees, a COVID-19 test will be required.    MS. LESH said that if members left it to Beacon to make the  decisions, that their staff would follow CDC guidelines and  would be informed by the State Department of Health and  Social Services.    SPEAKER STUTES rescinded her amendment to her amendment and  reverted to the original amendment she arrived at with the  help of Ms. Wallace.    CHAIR HANNAN called for a vote on the amendment which would  be adding to Item II Screening, that if one is  experiencing symptoms they must get tested. She asked if  there were any objections, or if members even needed a  formal roll call.    VICE-CHAIR REINBOLD said she was going to, the only  reason...    CHAIR HANNAN asked if Vice-Chair Reinbold was going to  object.    VICE-CHAIR REINBOLD said yes, she was going to object.    CHAIR HANNAN said that it meant members would take a roll  call vote.    VICE-CHAIR REINBOLD asked if she would be permitted to  speak to her objection.    CHAIR HANNAN said that the Vice-Chair had already spoken to  her objections repeatedly, then asked for a roll call vote  on the amendment to the policy.    1:10:17 PM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tuck; Senators Bishop, Micciche, Shower, Stedman,  Stevens.    NAYS: Representative Tilton, Senator Reinbold    The motion passed 11-2.    CHAIR HANNAN noted the amendment to the policy passed and  requested a roll call vote on the policy.    1:11:28 PM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tilton, Tuck; Senators Bishop, Micciche, Reinbold,  Shower, Stedman, Stevens.    NAYS: none    The motion passed 13-0.    CHAIR HANNAN said that with 13 yeas and 0 nays, members had  a new COVID-19 mitigation policy.    REPRESENTATIVE TILTON asked to speak and said that earlier  she only asked one question as she was trying to be  observant to the time of others' but wanted to align  herself with Senator Shower's comments regarding this being  Alaskas Capitol that does not currently allow access to  all Alaskans and stated the importance of Alaskans being  able to enter their Capitol. She thanked Chair Hannan for  allowing her comment.      IV. ADJOURN    CHAIR HANNAN said if there is nothing further to come  before Council, we are adjourned.    1:13:29 PM