ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL  AUGUST 16, 2021  3:00 PM    MEMBERS PRESENT  Representative Sara Hannan, Chair  Senator Lora Reinbold, Vice Chair  Representative Matt Claman  Representative Bryce Edgmon  Representative Neal Foster  Representative Louise Stutes  Representative Cathy Tilton  Representative Chris Tuck  Senator Click Bishop  Senator Shelley Hughes (alternate)  Senator Peter Micciche  Senator Mike Shower  Senator Gary Stevens    MEMBERS ABSENT  Senator Lyman Hoffman  Senator Bert Stedman    OTHER MEMBERS PRESENT    AGENDA  CALL TO ORDER  APPROVAL OF AGENDA  APPROVAL OF MINUTES  COMMITTEE BUSINESS  COMMITTEE BUSINESS EXECUTIVE SESSION  ADJOURN    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  JC Kestel, Procurement Officer, LAA    3:06:40 PM    I. CALL TO ORDER    CHAIR HANNAN called the Legislative Council meeting to  order at 3:06PM in the House Finance Committee Room.  Present at the call were: Representatives Claman, Edgmon,  Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,  Hughes, Micciche, Reinbold, Shower, Stevens.    Members absent were: Senators Hoffman, Stedman.    Thirteen members present.    II. APPROVAL OF AGENDA    3:08:08 PM  VICE-CHAIR REINBOLD moved and asked unanimous consent that  Legislative Council approve the agenda as presented.    The agenda was approved with no objections.    III. APPROVAL OF MINUTES    3:08:41 PM  VICE-CHAIR REINBOLD moved and asked unanimous consent that  Legislative Council approve the minutes dated February 25,  2021, as presented.    The minutes were approved with no discussion or objections.    IV. COMMITTEE BUSINESS    VICE-CHAIR REINBOLD said that she had deep problems with  this action item, so Senator Micciche would be making the  motion.    3:09:32 PM  SENATE PRESIDENT MICCICHE moved that Legislative Council  adopt the COVID-19 Mitigation Policy as amended.    REPRESENTATIVE TILTON objected.    CHAIR HANNAN introduced Jessica Geary, Executive Director,  LAA to discuss and take questions about the proposed  changes to the mitigation policy.    JESSICA GEARY stated her name and position for the record,  and said she worked with the Chairs office to draft these  recommended updates to the Legislatures current policy.  She said this policy would reinstate the mask mandate  within the Capitol and Legislative Facilities and the other  items were basically unchanged from the current policy. She  thought the draft included a section encouraging social  distancing, and said the language added regarding masks  took the policy back to the language approved last session,  and said she was happy to answer any questions.    SENATOR STEVENS thanked Ms. Geary for her efforts and asked  about testing who, where, would it be like last session?    MS. GEARY stated that the Legislature was working with  Bartlett Regional Hospital and the City and Borough of  Juneau to offer voluntary testing twice-weekly in the  Transportation Committee Room. The only requirement would  be an online registration, and she would send out that link  to members and staff shortly. It was not a rapid test like  the ones previously used with Beacon, but a lab-based test,  meaning that specimens would be collected, sent to the  Bartlett lab, and results would take less than twenty-four  hours.    SENATOR STEVENS offered his thanks and praise for the  Beacon test providers for their painless testing and  professional aptitude. He expressed hope that these new  test providers would be able to perform similarly.    SENATE PRESIDENT MICCICHE stated he just came back from a  trip to the Lower 48 and his family went to Pike Place  Market where thousands of people were moving through, and  they saw a huge sign that said, Masks are Recommended. He  said most people probably had masks on; he did not know the  vaccination status of the unmasked. He said he would be  much more supportive of this policy change if Members  amended the word required to recommended. He said he  would probably wear a mask, especially around LAA folks  that made it clear they preferred him to wear one, or other  legislators who preferred the same, he had no problem with  that. He believed that use of the word required would put  members back into the battle of last session and reminded  them of the audible cheer heard when the mask requirement  was eliminated. He speculated that the Capitol Complex was  probably in the 90% range for vaccinated individuals and  said he had read everything the CDC had ever put out. He  then moved that Legislative Council change required to  recommended and let individuals make the choice.    He then said there were a couple ways members could limit  exposure in the Capitol, including closing the building to  non-residents. He noted the halls were emptier than usual  due to fewer staff coming to Juneau for special session,  more legislators than usual would be in and out, and most  legislators were vaccinated. If he were in a crowded place  and knew there were people who were uncomfortable, he would  wear a mask, if he were somewhere where people were not  uncomfortable, he would make that personal choice, but said  he wished the committee would consider changing the word  required to recommended and said he would make that motion.    CHAIR HANNAN asked Senate President Micciche to state his  motion.    SENATE PRESIDENT MICCICHE said on page one, section one,  "Face covering/masks are recommended in all legislative  facilities instead of required.    CHAIR HANNAN said the motion is to substitute the word  recommended for the word required, under item one, Face  Coverings/Masks.    SENATOR SHOWER said he seconded Senate President Micciches  very reasonable and prudent recommended change for many  reasons, saying the Senate President did a good job  explaining some very good reasons why this would make  sense. He pointed out that the Legislature had been  receiving conflicting guidance that was changed from pro- mask to anti-mask. He said that Senator Micciche made a  great point about how almost the entirety of state  legislators were vaccinated and since they have  acknowledged that masks do not actually stop the  transmission or the reception, he thought that members were  in a reasonable place to allow people to make the choice to  mask or not themselves. He said it would also keep members  from having to deal with continuous tension and be able to  keep their focus on the mission at hand. He said he wanted  to make those comments for the record and said he supported  Senator Micciches recommendations and that it would be a  reasonable and prudent decision.    SENATOR STEVENS asked what the situation was in Juneau as  far as mask-wearing.    CHAIR HANNAN said that the City of Juneau required masks in  public buildings.    SENATOR STEVENS said that it seemed to him, the Legislature  needed to honor the community of the city they operated in  and if Juneau required masks, he thought masks should be  required in the Capitol. He thought it was premature,  taking into consideration information from the CDC and  other sources, that Alaska could be facing an uptick in  cases it seems like this is not the time to be making  things easier for the virus to travel. In conclusion, he  said, he believed members should honor Juneau and do what  they recommended.    REPRESENTATIVE CLAMAN said that if this amendment were  adopted, it would require changes to the next paragraph  dealing with LAA and Lounge staff coming into offices  because under the current way it was written, if there was  a mandatory policy and an office was not following mask  protocol, then LAA and Lounge staff does not come into the  office because the offices are not complying. He thought  there should be a level of workplace safety in members  policy, and if they opted for an optional mask policy, it  should be clear that staff would not be required to enter  offices of those without masks. Although the Capitol  Complex belongs to the State and legislators held offices  there, he said they were also visitors to Juneau. He agreed  with Senator Stevens that it would be worthwhile to respect  the community and follow their lead.    REPRESENTATIVE TILTON agreed with Senator Micciches  suggestion to use recommend instead of require citing  personal choice, issues with hearing muffled voices, people  who depend on lip-reading, and the fact that the  Municipality of Anchorage, Mat-Su, and Fairbanks North Star  Boroughs had not mandated masks.    REPRESENTATIVE EDGMON echoed Senator Stevens comments and  thanked LAA and Legislative Council for their mitigation  efforts last session. He agreed with Representative  Clamans statement about being visitors to this community  even as legislators work to represent the state. He felt  the legislature should set an example. He will not support  changing required to recommended, because he wants to  remain consistent with the previous Legislative Council  position that adhered to CDC guidelines. He stated he does  not like wearing masks, but still does, so while he  appreciated the intent of the amendment and respected the  spirit of it, he would not support it.    SENATOR MICCICHE clarified that he was not proposing any  changes and had tried in the past to be a champion for LAA  folks who were uncomfortable in different situations. He  did not believe that paragraph should change and believed  that if LAA employees were uncomfortable that folks should  work their hardest to make those individuals comfortable by  protecting them at the same level. He wanted to be clear  that although his amendment would make masking optional,  when someone came into a legislator's office to serve them,  the legislator should live to their standard as long as the  pandemic continued.    SENATOR BISHOP said he did not like the word recommended  under number four, Testing. He prefers to have Beacon back  at the Capitol providing tests. He said he did not want to  go to Bartlett and this was the weakest part of this  protocol if legislators were really concerned about the  spread of COVID-19.    REPRESENTATIVE STUTES said this was difficult for her  because she was very happy to not mask and remove the mask  policy, but that if anyone had been watching the news, her  home community was currently the highest rate of contagious  individuals in the state. She said she personally knew  several of those people who were ill and had been  immunized. Having personally seen these vaccinated people  very sick, she said she would not be able to support this  amendment.    SENATOR HUGHES said she appreciated everyones concern for  the people who work in and out of this building. She cited  two studies out of Israel and the Cleveland Clinic which  said those who have had COVID-19 had six times stronger  immunity than those who had been vaccinated, making  previously infected individuals less likely to carry  because they have a more thorough protection than immunized  people. She said the side effects of wearing masks and  breathing in ones own carbon dioxide including confusion,  garbled thoughts, and anxiety. If there were ever a time  where legislators need to have clear heads and calm  demeanor, she said it would be during this special session,  so she would be supporting this amendment.    VICE-CHAIR REINBOLD apologized for not being in person, she  said that she had tried to fly, and Alaska Airlines had  canceled her ticket. She said she did not support mandating  CDC guidance as the CDC had been inconsistent in their  recommendations. She supported the amendment proposed by  Senate President Micciche and shared many COVID-19  concerns, including asymptomatic/vaccinated spread,  inconsistent recommendations regarding mask-wearing and  types of masks, liability issues, and focusing on  communicable diseases beyond COVID-19. She closed by saying  personal responsibly and freedom had her in support of the  amendment.    CHAIR HANNAN, seeing no further discussion, requested a  vote on the amendment.    3:31:31 PM  A roll call vote was taken. There was a question whether  Senator Hughes could vote as alternate since Senator  Stedman had joined the meeting, and after a brief at-ease,  it was determined that she was allowed to vote.    YEAS: Representatives Tuck, Tilton; Senators Bishop,  Shower, Micciche, Hughes, Reinbold.    NAYS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes; Senators Stedman, Stevens.    The amendment failed 7-7.    CHAIR HANNAN asked if there was further discussion on the  policy as presented.    VICE-CHAIR REINBOLD referenced roman numeral V on the  policy and asked what the vaccinated and unvaccinated  individuals found to be close contacts of a person who  tested positive would be directed to do.    MS. GEARY said that this section referred to people who  test positive or are a close contact of a known positive.  She said the reason the guidance was not spelled out is  because it is ever-changing; current guidance suggests  vaccinated people do not need to quarantine if they are a  close contact, but if they develop symptoms, they would be  directed to get tested and follow whatever protocols are  for time away from work until their symptoms resolve. If  one is unvaccinated and comes into close contact with a  known positive or are sick and tests positive themselves,  they are supposed to quarantine for ten days to make sure  they did not develop symptoms; she said they could then get  a follow-up test after that period.    VICE-CHAIR REINBOLD asked what the CDC said about updated  recommendations for camps.    CHAIR HANNAN and MS. GEARY each expressed that they were  not following the Vice-Chairs meaning.    VICE-CHAIR REINBOLD referenced recent information regarding  shielding and recommendations by the CDC and asked if Chair  Hannan was planning on mandating something.    CHAIR HANNAN asked the Vice-Chair to clarify if she was  talking about face coverings or collective gathering of  people.    VICE-CHAIR REINBOLD said collective gathering.    CHAIR HANNAN said that the policy did not address events  outside of the Legislature and that as far as she knew,  there were no Legislative camps scheduled, so she did not  believe the question was relevant.    VICE-CHAIR REINBOLD said her question was not in regard to  Legislative Camps, but in regard to shielding of people.  She spoke to concerns about the ever-changing nature of CDC  guidelines and said there could be future problems if this  policy was not clearly defined, so she could not support  this new policy.    CHAIR HANNAN explained that the policy as drafted related  to COVID-19 protocols and the mitigation policy within this  building. There was effort by both parties to reach  understanding.    3:42:59 PM  There was an at-ease.    CHAIR HANNAN, back on the record, said that Senator Hughes  had helped facilitate some understanding about the term  shielding camp and how it applied to community response and  community quarantines. She said she believed members  addressed that by maintaining that this policy was only  about Legislative facilities.    VICE-CHAIR REINBOLD further explained shielding camps.    SENATE PRESIDENT MICCICHE asked the Chair to call the  question.    CHAIR HANNAN restated the motion to adopt the Legislative  Council COVID-19 Mitigation Policy as amended in the August  16, 2021, document. She then requested a roll call vote.    3:45:11 PM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes; Senators Bishop, Stedman, Stevens.    NAYS: Representatives Tuck, Tilton; Senators Shower,  Micciche, Reinbold, Hughes.    The motion passed 8-6.    V. COMMITTEE BUSINESS - EXECUTIVE SESSION    A. RFP 646 Anchorage Legislative Office Building Janitorial  Contract  B. Assembly Building Proposed Donation    CHAIR HANNAN introduced the next item of business,  discussion surrounding a janitorial contract for the  Anchorage Legislative Office Building and a proposal to  accept the Assembly Building from the Juneau Community  Foundation, which would bring the Council into Executive  Session.    3:46:47 PM  VICE-CHAIR REINBOLD moved and asked unanimous consent 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  individuals may remain in the room or on-line for the  entirety of the (audio cut out) executive session: Jessica  Geary, JC Kestel, Sante Lesh, Megan Wallace, Emily Nauman,  Helen Phillips, Jodie Murdock, Bree Wylie, any Legislators  not on Legislative Council, and any staff of Legislative  Council members. When the council turns to the matter of  the Assembly Building, Facilities Manager Serge Lesh, CBJ  Mayor Beth Weldon and former Mayor Ken Koelsch, and Reed  Stoops and Wayne Jensen of the Juneau Community Foundation  may also be present in the room.    4:56:20 PM  Council returned from Executive Session.    VICE-CHAIR REINBOLD moved that Legislative Council approve  the award of RFP 646 for Anchorage janitorial services to  Q-1 Corporation for a one-year contract and five optional  one-year renewals with a not-to-exceed value of fifty-six  thousand dollars per contract year.    CHAIR HANNAN objected for purposes of discussion and asked  JC Kestel to summarize the contract for the record.    There was brief discussion by Council members about  procedure for exiting Executive Session and if a roll call  vote to determine quorum was necessary.    4:57:34 PM  A roll call vote was taken.    Present at the call were: Representatives Claman, Edgmon,  Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,  Hughes, Micciche, Reinbold, Shower, Stedman, Stevens.    Fourteen members present.    CHAIR HANNAN briefly reviewed the agenda thus far and  picked back up by asking Mr. Kestel to summarize the  contract.    JC KESTEL, Procurement Officer with the Legislative Affairs  Agency, said RFP 646 closed August 6, there were four  proposals received, the proposals were reviewed by a  proposal evaluation committee; once the evaluation scores  were tallied and finalized, Q-1 Corporations was  considered the most beneficial and awarded the most points.  The Agency recommended the award of 646 to Q-1 Corporation  for the janitorial services of the Anchorage Legislative  Office Building. He said he would be happy to answer any  questions.    CHAIR HANNAN, seeing no members wishing to discuss further,  removed her objection.    SENATOR SHOWER objected.    CHAIR HANNAN asked if he would like to speak to his  objection.    SENATOR SHOWER confirmed and said what he heard today did  not provide a compelling reason that the Council should  accept this.    CHAIR HANNAN said to him that the issue being voted on was  for the janitorial service for the Anchorage Legislative  Office Building.    SENATOR SHOWER apologized, said his audio cut out, and  removed his objection.    CHAIR HANNAN asked again if there were any objections to  awarding RFP 646. Seeing no objection, she said that motion  had been adopted. She then acknowledged a suggestion that a  roll call vote was necessary and called for a vote.    5:00:27 PM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tuck, Tilton; Senators Bishop, Hughes, Micciche,  Reinbold, Shower, Stedman, Stevens.    NAYS: None.    The motion passed 14-0.    CHAIR HANNAN introduced the next action item, receipt of  the Assembly Building from the Juneau Community Foundation.    VICE-CHAIR REINBOLD moved that the Legislative Council  th authorize the transfer of the property located at 211 4  Street in Juneau, Alaska to the Legislative Council. She  further moved that Legislative Council authorizes the  Legislative Affairs Agency to act as an agent for the  Legislature and execute and enter into any appropriate  agreements regarding the transfer.    CHAIR HANNAN asked if there were any objections to the  above motion.    REPRESENTATIVE TILTON objected and said she appreciated the  Community Foundation looking at presenting a gift to the  Legislature but had concerns about the environmental  concerns there and that now is a time when government  should be reducing its size and footprint. She said it was  a tough time to take on what could potentially become an  expense, though she knew there were some Capitol funds  available, she believed those funds should be conserved.    CHAIR HANNAN asked if any other members wished to speak.    SENATOR HUGHES expressed her gratitude to the Juneau  Community Foundations gift and said that this vote today  was not putting members on the hook for the $3.8 million,  but she did understand that there was some lead paint,  asbestos-containing materials, and that some offices may be  moved from other locations which would involve remodeling  and updating electrical systems. She said she saw this  putting future line items before the Legislature and that  the State was in a tight spot financially right now. She  said it mattered to her constituents to hold a floor  session perhaps, maybe, someday in Southcentral Alaska. If  she knew, before spending money to update the gift of this  building, that there was going to be the option for a  closer geographical session for more Alaskans, she would  vote yes, but her district would like to see that as a  priority over this, so she would be voting no.    CHAIR HANNAN asked if Senator Shower would like the floor.    SENATOR SHOWER thanked her and said he heard a lot of  concerns from folks who brought up good points: that the  Legislature had potential risk of maintenance costs,  environmental costs, and other unknowns; that members were  on a tight timeline and when things get rushed, bad or  costly decisions can be made, he had not heard a compelling  need of the Legislature for this building, and that the  time was not right due to needing to reduce. He said he did  not think it sent the right message for the Legislature to  risk making a potentially spendy decision and cited  environment concerns as well.    SENATOR REINBOLD said she supported not trying to twine and  intertwine the three branches of government, so for one  small reason she would support the purchase if it meant  getting the Executive branch out of the Capitol. She said  members did not know the risks and liabilities and she  could not vote for this without full knowledge of the risks  associated with it, and additionally she said she did not  believe the Legislature needed an empire in Juneau; she  said the road system was where the people were and that the  Legislature needed access to the people. She stated she was  a big proponent of getting the Legislature out of Juneau  and onto the road system especially now that Alaska  Airlines had banned her from flying, and with that she  would be a passionate no vote.    SENATOR MICCICHE said he would not be a passionate anything  on this deal, but that the building was operating now  legally and that there would be savings in eliminating  long-term leases throughout Juneau. He said members were  aware of the minor environmental issues in the building and  there was a potential chance of an issue with the storage  tank, but this was a gift and members were not agreeing to  spend a penny and there is potential to save substantial  money. He would support this but did strongly suggest that  LAA execute a quick core sample contract to determine if  there were further issues before the end of the week, and  that would make him more comfortable. He said he was okay  with this.    SENATOR STEDMAN said he would like to speak in favor of  taking the gift; rarely would members have opportunities  like this and there would always be challenges. Besides  cutting costs, another benefit of owning a piece of  property right across from the Capitol would be having some  control of the neighborhood, he said. As far as the  Capital, he said, it was Juneau, and it would stay in  Juneau until the constitution changed. The Legislature, he  said, met in the thriving community that had its own road  system and was on a road system; the Alaska Marine Highway  accounted for part, but that there was road travel  available from here to Anchorage, Mat-Su, and Fairbanks. He  thought members should accept the gift and make wise  decisions about how they wanted to remodel itpossibly into  apartments for sessions and rentals or storage during  interim. There were all kinds of benefits, he said, and few  downsides. While the economic climate might not be ideal  currently, he said it would change, and owning a commercial  building with viable, rent-paying tenants would be worth  having. He thought members should move forward, thank the  Juneau Community Foundation for gift of negotiating the  purchase of the building, and helping secure a nice area  near the Capitol. He spoke about the success of  improvements made to the Capitol, the Terry Miller  Legislative Office Building, and the Thomas Stewart  Legislative Office Building, saying that the Assembly  Building was the next step. He said he would be voting yes  for this and future generations.    CHAIR HANNAN hearing no further comments, she requested a  roll call vote.    5:14:06 PM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tuck; Senators Bishop, Micciche, Stedman, Stevens.    NAYS: Representative Tilton; Senators Hughes, Reinbold,  Shower.    The motion passed 10-4.    VI. Adjourn    CHAIR HANNAN wished Ms. Geary a happy birthday, and said  with nothing else on the agenda, the meeting is adjourned.    5:15:20 PM