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