ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL   FEBRUARY 23, 2022  7:00 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 Shelley Hughes (alternate)  Senator Peter Micciche  Senator Mike Shower  Senator Bert Stedman  Senator Gary Stevens    MEMBERS ABSENT  Senator Lyman Hoffman    OTHER MEMBERS PRESENT  Senator Jesse Kiehl  Senator David Wilson    AGENDA  APPROVAL OF AGENDA  APPROVAL OF MINUTES  COMMITTEE BUSINESS - EXECUTIVE SESSION  COMMITTEE BUSINESS    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  JC Kestel, Procurement Officer, LAA  Wayne Jensen, Architect/President, Jensen Yorba Wall      7:01:27 AM    I.  CALL TO ORDER    CHAIR HANNAN called the Legislative Council meeting to  order at 7:02am in the House Finance Committee Room.  Present at the call were: Representatives Claman, Edgmon,  Foster, Hannan, Stutes, Tilton, Tuck; Senators Bishop,  Micciche, Hughes, Shower, Stedman, Stevens, Reinbold.    Senator Hoffman was absent.     Fourteen members present.    II. APPROVAL OF AGENDA    7:04:12 AM  VICE-CHAIR REINBOLD moved and asked unanimous consent  that Legislative Council approve the agenda as presented.    The agenda was approved without objection.    III. APPROVAL OF MINUTES    7:04:33 AM  VICE-CHAIR REINBOLD moved and asked unanimous consent  that Legislative Council approve the minutes dated  October 5, 2021, October 26, 2021, and December 16, 2021,  as presented.     The minutes were approved without objection.    IV. COMMITTEE BUSINESS-EXECUTIVE SESSION    CHAIR HANNAN explained the following items will require  an Executive Session: briefing on litigation regarding  the Alaska Higher Education Investment Fund, the forward  funding of education, HB 69 effective date, and approval  of a Juneau Warehouse storage space lease.    7:04:44 AM  VICE-CHAIR REINBOLD moved 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  22(B)(3), discussion of a matter that may, by law, be  required to be confidential. The following people may  remain in the room or online: Jessica Geary, JC Kestel,  Sant Lesh, Megan Wallace, Emily Nauman, Helen Phillips,  Jodie Murdock, Bree Wylie, Shannon Easterly, legislators  not on Legislative Council, and any staff of a  Legislative Council member.    7:05:53 AM   A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Stutes,  Tilton, Tuck, Hannan; Senators Bishop, Micciche, Hughes,  Shower, Stedman, Stevens, Reinbold.     NAYS: None.     The motion passed 14-0.    7:06:55 AM  Council goes into Executive Session.    7:28:26 AM  Council comes out of Executive Session.    A roll call vote was taken to establish quorum, fourteen  members present    Brief at ease.    IV. COMMITTEE BUSINESS CONTINUED    a. Juneau Warehouse Storage Space Lease    7:30:07 AM  VICE-CHAIR Reinbold moved that Legislative Council  authorize the Legislative Affairs Agency to secure a  lease for the Juneau warehouse space with Alaska Legacy  Partners LLC for a five-year lease and two optional five- year renewals.    JC KESTEL, Procurement Officer with the Legislative  Affairs Agency, said the Agency received four proposals  for warehouse space. The Agency recommended a contract  award to Alaska Legacy Partners LLC for a warehouse in  the Shaune Drive area and requested Legislative Council  approve a lease agreement for an initial five-year term  with two optional five-year renewals at $5,400 per month  with annual increases of 1.5 percent. The proposed lease  exceeded $50,000 in one fiscal year so Legislative  Council's approval was required.    CHAIR HANNAN, seeing no questions from members, asked for  a roll call vote on the motion.    7:31:24 AM   A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tilton, Tuck, Hannan; Senators Micciche, Hughes,  Shower, Stedman, Stevens, Reinbold.     NAYS: Senator Bishop.     The motion passed 13-1.    V. COMMITTEE BUSINESS    a. Legislative Council/Legislature FY23 Budget    7:32:35 AM  VICE-CHAIR REINBOLD moved that Legislative Council per AS  24.20.130 submit the FY23 proposed Legislative Council  budget to the House and Senate Finance Committees for  review and action.    CHAIR HANNAN objected for purposes of discussion and  asked Ms. Geary to come forward and summarize the budget  proposal.    JESSICA GEARY, Executive Director of the Legislative  Affairs Agency, said before members is the Legislative  Council FY23 proposed budget and sectional narrative that  details each section of the budget. She continued that  Legislative Council is responsible for authorizing and  submitting this to the Finance Committees. She said she  would highlight significant items and is pleased to  answer any questions.    Ms. Geary noted that in the previous fiscal year, LAA  staff worked a combined total of more than ten thousand  hours of overtime, which is the equivalent of just over  five full-time positions. She said some employees reached  the annual limit of one-hundred-fifty hours of comp time,  so the extra hours required to complete their job duties  were essentially donated after reaching this limit. She  explained that most additional work was a result of the  four special sessions and the pandemic.    Ms. Geary continued that in FY16 the Agency received  large cuts, had been flat funded since, and staff are  supporting new services for the Legislature, such as  added cyber security measures, mandatory changes in the  State payroll and accounting systems, integration of  Microsoft Teams, as well as phone and tv services no  longer provided by outside entities that now need to be  maintained in-house. Additionally, while many in the  Executive Branch received cost of living increases over  the past five years, the Legislature has not had one  since 2015. These factors have led to low morale,  employee burnout, and impacted recruitment and retention,  and we are coming to the Legislature this year for more  resources.    Ms. Geary said this request adds four new positions,  three in IT and one in Personnel, as well as funding for  cyber security tools and two structural changes to add  two new allocations for more accurate and transparent  budgeting. She noted that overall there would be no  increase to the allocations and that LAA was able to take  advantage of an increase it received [in FY22] to cover a  higher PERS rate. By utilizing those funds, LAA does not  have to request an increase in the authorization. There  is a modest increase of $100,000 for the Ombudsman to  support existing workloads.    SENATOR STEDMAN requested a breakdown of the incremental  costs, particularly the special session and pandemic  costs. He said he thought the special sessions held by  the governor were a waste of time and was curious of the  financial burden it had put on Alaska's budgets.    EXECUTIVE DIRECTOR GEARY said she would be happy to  provide those figures to the committee.    SENATOR STEVENS asked why funding phone and IT services  is now needed and who previously provided them.    EXECUTIVE DIRECTOR GEARY said that the Executive Branch  Office of Information Technology (OIT) used to provide  phone services. With OIT moving to Microsoft Teams for  their phone service, they will not be providing any  support to the Legislature regardless of if LAA decided  to switch to the Teams phone service. LAA will be  replacing the current phones with similar hardware, but  through ACS.    Ms. Geary noted the phone service through the Executive  Branch was just under two-hundred-thousand dollars a  year. She said adding a position and paying for a new  service provides a net savings for the Legislature. The  cable tv service was previously provided by GCI. GCI is  now using only streaming services which needs IT support.    REPRESENTATIVE CLAMAN said he had heard many complaints  about the time it takes for bills to be drafted and  amendments to be written coming from Legal Services. He  noted some offices have more of a workload than others.  He felt that Legal Services is understaffed. Not seeing  any measures of an increase, he recognized there are  recruiting issues for LAA as well as the Executive  branch.    EXECUTIVE DIRECTOR GEARY said the Legal Services budget  had long term employees retire, which led to more funding  in the budget. Legal Services has hired some positions,  and has one more that is still open, however, it is  challenging to onboard a new worker during Session. She  continued that with it being specialized work, it takes  significant training. She said LAA is evaluating what it  can do to assist Legal Services, be it through  Legislative Council Policy or other measures. While this  is not specifically reflected in the budget, we are aware  of the problem and know it must be addressed.    CHAIR HANNAN, seeing no further questions, requested a  roll call vote on the motion.    7:43:07 AM   A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Hannan Foster,  Stutes, Tilton, Tuck, Senators Bishop Micciche, Hughes,  Shower, Stedman, Stevens, Reinbold.     NAYS: None.     The motion passed 14-0.    b. Assembly Building Utilization Subcommittee  Recommendation    7:43:53 AM  VICE-CHAIR REINBOLD moved that the Legislative Council  approve the Assembly Building Utilization Subcommittee  proposal to convert the Assembly Building to residential  space for the purpose of legislative housing. She further  moved that the Legislative Council approve a project  budget not to exceed five-million, five-hundred-thousand  dollars in existing capital funds; of which two-hundred- fifty thousand dollars will be used to retain Jensen  Yorba Wall Inc., for design services.    CHAIR HANNAN objected for purposes of discussion and  asked Ms. Geary and Wayne Jensen, Architect and President  of Jensen Yorba Wall Inc., to summarize the  Subcommittee's recommendations and take questions.    EXECUTIVE DIRECTOR GEARY said the Assembly Building  Utilization Subcommittee held several meetings to discuss  various options for plans and decided that utilizing the  Assembly Building for housing purposes would be the best  option. She said LAA worked with Mr. Jensen on conceptual  floor plans and the preferred plan allowed for eleven  apartments on each floor, for a total of thirty-three  units. She said this is a combination of one-bedroom and  efficiency units.    Ms. Geary continued that each floor would have a common  laundry utility room and room for electrical and  communications equipment. This proposal is detailed in a  memo from Jensen Yorba Wall which goes through the  proposed plan floor by floor and the overall construction  budget. The proposed budget of five and a half million  dollars includes the design, any asbestos abatement based  on the studies done to date, construction, basically all  start-to-finish costs. She stated that she, Wayne Jensen,  and some members of the Subcommittee were available for  questions.    REPRESENTATIVE CLAMAN asked if the floor plan will be the  same for all three floors or will they see more floor  plans later.    WAYNE JENSEN, Architect and President at Jensen Yorba  Wall, said it will be the same basic floor plan for all  three floors. The first floor will have small differences  because of the main entrance to the building. Eleven  apartment units on each of the three floors for a total  of thirty-three units.    EXECUTIVE DIRECTOR GEARY added that the current handout  the committee has is not the exact floor plan chosen, it  is just similar for furniture layout purposes.    REPRESENTATIVE CLAMAN said his handout shows six to seven  one bedrooms and four studios.    EXECUTIVE DIRECTOR GEARY stated the handout he has is a  temporary floor plan laid out with furniture. Mr.  Jensen's staff did not have time to add furniture for the  actual floor plan.    SENATOR STEVENS asked about the parking situation for the  building.    MR. JENSEN said it would remain as it is with fourteen  spaces.    EXECUTIVE DIRECTOR GEARY corrected and said there are  seventeen spaces, but some are used for storage. Once  current tenants vacate the building, LAA will know how  many spaces are usable.    REPRESENTATIVE TILTON asked how much the architect's  consultation was and how was it contracted out to do.    EXECUTIVE DIRECTOR GEARY said Mr. Jensen sits on the  advisory committee that donated the Assembly Building to  the Legislature. The Subcommittee was appointed and  several meetings were held with Mr. Jensen to develop the  plans. Existing procurement authority of the Chair helped  to develop those plans. The motion is to accept the  recommendation of the Subcommittee and to approve the  construction budget.    REPRESENTATIVE TILTON asked to be reminded of who the  members of the Subcommittee are. She also stated there  was no memo on the Subcommittee's recommendations.    EXECUTIVE DIRECTOR GEARY said Chair Hannan was the Chair  of that Subcommittee, and members were Senators Stedman,  Bishop, Kiehl, and Representatives Tuck and Edgmon. She  confirmed there was no memo on the Subcommittee's  decisions and said Chair Hannan may have more insight on  this inquiry.    CHAIR HANNAN said the Subcommittee was formed by the  Legislative Council on September 23, 2021 and met three  times. Discussions about the Assembly Building's use are  what formed today's recommendation.    REPRESENTATIVE TUCK said at the Subcommittee's last  meeting there was a floor plan that demonstrated possible  tenant use on the second and third floors with LAA use on  the ground floor. Due to remodel costs to remove existing  infrastructure inside the Assembly Building, the  Subcommittee decided to do the least amount of remodeling  possible.    CHAIR HANNAN put on the record that Senators Wilson and  Kiehl are present.    REPRESENTATIVE TILTON said when the Legislature gave  legislative staff a stipend, the rental market went up  according to the amount of the stipend. She asked if the  Subcommittee considered what the cost of the units would  be and how does the Legislature plan on competing with  the private sector.    EXECUTIVE DIRECTOR GEARY said the housing does not exist  in the private sector, so this project allows legislators  to find housing without interfering with conducting  legislative business. The rental rate will be a policy  decision that will likely be based on the going market  rate. She noted that legislator per diem could  potentially be reduced by the rental amount, but that  also would be a policy decision.    She said when this initial concept was presented to the  Mayor of Juneau, the Mayor was more interested in the  project taking place than worried about competing with  the private sector. It is not a concern in this  community. She agreed that some decisions still must be  made regarding the finer details.    CHAIR HANNAN put on the record that past and present  community leaders have all been supportive and engaged  with the Juneau Community Foundation and encouraged the  purchase and gifting of the Assembly Building to the  Legislature, specifically for times when housing is  unavailable.    REPRESENTATIVE EDGMON said the decision comes from the  Subcommittee to Council with a predetermination aspect.  It was his recollection that Council was to decide, then  send that decision to the Subcommittee. Nearly half of  the Legislature flies north for weekends. He speculated  that having dorm housing would encourage that kind of  activity.    He asked if the Legislature has done a survey with  employees to see how many would be interested in dorm- like housing. He said it seems there have been steps  skipped within the process. Regarding Representative  Tilton's questions, it seems they have been answered, but  with thirty-three units that are otherwise provided.    CHAIR HANNAN stated she thought she had appointed a  Subcommittee to produce recommendations for Council.    REPRESENTATIVE CLAMAN concurred with Representative  Edgmon in that having private housing is preferrable over  dorms. Regarding rent prices, Representative Claman's  staff saw no rent increases because of the stipend. How  many of the Legislature's employees would be interested  in living in those thirty-three dorms.    SENATOR HUGHES said thirty-three people not renting from  the private sector would have an impact. She understood  some people have had an issue finding housing. She asked  if that number of people seeking housing was close to  thirty-three.    EXECUTIVE DIRECTOR GEARY said that the Legislature did  not have thirty-three members seeking housing. Ms.  Geary's office has received feedback in the past from  members and staff that found housing but were not happy  with it. Though most find housing, there are still issues  to be addressed when it comes to housing.    SENATE PRESIDENT MICCICHE said Juneau has housing issues  and he personally had to "couch surf" for five weeks. He  believes there should be more discussion on the purpose  of the building, options, policy, and then a decision. He  is not ready to move forward on this project.    SENATOR BISHOP said competition is a good thing. If staff  is having issues finding safe housing, there is a  problem.    SENATOR STEDMAN said when looking at the housing issue,  there are housing constraints all over Alaska. None of  this is specific to Juneau, especially in spring when the  tourism industry starts.    He said when a Special Session is called, there are  complaints of no housing. Many suggest the idea of moving  the Capital to combat the housing issue; this project is  a solution to this problem. He said this is to ensure the  Legislature can conduct business at the Capitol in  Juneau. The issue of how this will impact the market he  feels, is minimal.    Senator Stedman added that as Senator Bishop said, there  are safety concerns. Downtown Juneau has many shady  individuals who cause the delay of staffers getting to  work on time. Security has had to perform security checks  on staffers in the past. The Legislature must ensure that  we are able to conduct business in the event of a Special  Session. He voiced his support for this action, the  sooner the Legislature starts, the better.    VICE-CHAIR REINBOLD said she supports the action as she  was one of the members who had issues finding affordable  housing. She said the private sector has had sixty years  to sort out housing and has not delivered.    REPRESENTATIVE EDGMON said this may easily be the way to  go in terms of what the Legislature does with the  building. Before deciding, he would like to understand  the economic impact and the cost to the Legislature, and  what will be happening with these units during two thirds  of the year when the Legislature is not in Session. He  supports the plan; however, he would like a full economic  analysis to know if Council is making the right decision.  He added for those on the Finance Committee, he would  like the downstream costs to be attended to.    REPRESENTATIVE TUCK said the Legislature has experienced  Special Sessions where housing could not be found. He  used the 2016 Session as an example of there being no  housing available. He reminded Council that it was the  private sector that donated the Assembly Building to the  Legislature. The building was once an apartment building,  it is already equipped for the design that is proposed.  With the building's infrastructure, to convert the  building would be a low-cost endeavor.    He continued that the Legislature is not proposing to  force workers into these units. They are only available  to those interested in living one block from the Capitol.  Regarding what is to be done with the units when the  Legislature is not in Session, the Subcommittee concluded  to have the units available for Legislators and not make  them Airbnbs or rentals when they are not in use.    SENATOR BISHOP asked Mr. Jensen how long the contingency  costs are good for.    MR. JENSEN said the budget includes all things allowable  by the budget, construction, and design. The contingency  amount is for permits, construction administration, and  contingency and would be good for the length of the  construction.    SENATOR BISHOP stated he asked his previous question  because retailers increase materials prices weekly. He  asked Mr. Jensen how accurate the projected cost of the  project is.    MR. JENSEN replied his company recognizes cost increases  affect the price of the construction. The proposed budget  is not a detailed cost estimate, but a project budget  that is seen as a reasonable target.    REPRESENTATIVE TILTON said she understands that community  leaders support this project. Her concern is that Council  is being asked to approve five and a half million dollars  for a projected budget. She said with supply chain  issues, this is not the ideal time to start construction.  Also, there have been no estimates as to what maintenance  costs would be. Her understanding was that there would be  a recommendation from the Subcommittee, not a proposal  for moving forward.    8:25:25 AM  REPRESENTATIVE TILTON made a motion to table.    CHAIR HANNAN requested a roll call vote on the motion to  table.    8:25:35 AM  A roll call vote was taken.    YEAS: Representatives Edgmon, Tilton; Senators Micciche,  Hughes, Reinbold, Shower.    NAYS: Representatives Claman, Foster, Hannan, Stutes,  Tuck; Senators Bishop, Stedman, Stevens.    The motion failed 6-8.    REPRESENTATIVE CLAMAN stated that one issue that has not  been discussed enough is that lumber prices have  increased by forty percent within the last year. By  delaying this decision, Council will charge the public  more money in terms of construction materials. He  acknowledges the work of the Subcommittee, but believes  it is in the public's best interest to decide now.    SENATOR STEVENS agreed with deciding now and said the  Legislature will have no trouble finding tenants for the  thirty-three units. He reminded Council that the Baranof  Hotel is closed, and the Legislature has had staff stay  there for years. He understood that the Four Points Hotel  was on the verge of closing, until the Juneau Community  Foundation stepped in so there could be Legislative  access to the hotel.    REPRESENTATIVE EDGMON said that if this were a State  agency, the Legislature would ask for an economic  analysis. He wished that Council could have more  discussion and research into this project, and that he  would be a dissenting vote on this motion.    SENATE PRESIDENT MICCICHE said there are two decision  problems in the Legislature: the ones made too fast, and  the ones made too slowly. In this case, it would be too  fast. The Legislature does not know the cost of  furnishing these apartments, the proposal has no mention  of appliances or furnishings. He said also there is no  policy with how these units will be distributed.    He stated he would likely support this plan if it was  better flushed out. The proposed budget is inaccurate  because the Legislature cannot determine what the cost of  materials will be in the future. He said, at this time,  he cannot support this project.    EXECUTIVE DIRECTOR GEARY added that an approval today  allows the Legislature to complete the bid documents to  send out to individual contractors. The contracts would  still need to come back to Council for approval multiple  times. What the committee is being asked today is to  approve the plan to convert the Assembly Building into an  apartment building.    She continued that we would work with the Finance  Committees to approve receipt authority so the rent money  would be used to pay for operating expenses. The proposed  remodel is to make it more efficient, so it will be an  inexpensive building to run. Those exact figures are not  in front of Council today but rent receipts should cover  the expenses of the building.    SENATE PRESIDENT MICCICHE said what is put out  demonstrates that Council does not have the issues he  brought up addressed to make an informed decision. He  will not decide until there is a business plan that shows  all those costs. Although Council is not deciding to fund  the building, Council is deciding to move forward with a  plan that is not well thought out.    SENATOR STEDMAN reiterated a yea vote today allows  Council to put a more refined cost estimate together. It  is clear the building was gifted to the Legislature and  will not have a debt service to pay. It is his  understanding the units will not be furnished. He said if  a policy is created later to change that, so be it. The  housing issue and the issues that Senator Stevens brought  up are valid points. With inflation, costs are only  getting higher. It is not to the Legislature's benefit to  delay this decision.    SPEAKER STUTES moved to call the question.    8:38:05 AM  A roll call vote was taken on the motion.    YEAS: Representatives Claman, Foster, Hannan, Stutes,  Tuck; Senators Bishop, Reinbold, Stedman, Stevens.    NAYS: Representatives Edgmon, Tilton; Senators Micciche,  Hughes, Shower.    The motion passed 9-5.    c. FY21 Legislative Audit    EXECUTIVE DIRECTOR GEARY said that by statute the  Legislature has an annual independent audit of all  expenditures. This year's audit was clean with no  exceptions.    d. Review of Legislative Council COVID-19 Mitigation  Policy    8:40:47 AM  VICE-CHAIR REINBOLD moved that Legislative Council adopt  the COVID-19 Mitigation Policy as amended.    CHAIR HANNAN objected to the motion for purpose of  discussion.    VICE-CHAIR REINBOLD 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 and  delete the second sentence in Cycle Testing/Screening.  She said that currently the public and lobbyists are  excluded from entering the building. She believes it is  excessive that you must test every four days. She said it  should be available to those who wish, but it should be  optional to take a COVID-19 test.    SPEAKER STUTES stated a concern about addressing COVID-19  Mitigation Policy pertaining to the Legislative Lounge.    CHAIR HANNAN moved to call a vote on the motion to amend  the Covid-19 Mitigation Policy.    Brief at-ease.    CHAIR HANNAN requested a roll call vote.    A roll call vote was taken.    YEAS: Representatives Claman, Foster, Hannan, Stutes;  Senator Bishop.    NAYS: Representatives Edgmon, Tilton, Tuck; Senators  Micciche, Hughes, Reinbold, Shower, Stedman, Stevens.    The motion failed 9-5.    SENATOR STEDMAN questioned the strictness of today's  current COVID-19 policy. He would be surprised if  everyone was following the policy. He voiced his support  for the amendment to make testing optional but would like  testing to stay available.    SENATE PRESIDENT MICCICHE offered an amendment to the  amendment for Cycle Testing/Screening at the beginning of  the first paragraph to read, "Legislative Council  recommends Legislators, legislative staff, interns, and  credentialed media participate in cycle testing?" and  delete the second sentence of the Cycle Testing/Screening  section.    Discussion to clarify the amendments of both Senators  Reinbold and Micciche ensued.    Brief at-ease.    SENATE PRESIDENT MICCICHE withdrew his amendment to the  amendment.    CHAIR HANNAN moved to vote on Senator Reinbold's  amendment    8:55:05 AM  A roll call vote was taken.    YEAS: Representatives Edgmon, Foster, Stutes, Tilton,  Tuck; Senators Bishop, Micciche, Hughes, Reinbold,  Shower, Stedman, Stevens.    NAYS: Representatives Claman, Hannan.     The motion passed 12-2.    REPRESENTATIVE TILTON asked if Legislative offices can  still request visitors to wear masks.    EXECUTIVE DIRECTOR GEARY said any office that has an  employee who is immunocompromised or an employee who has  health concerns is still permitted to ask visitors to  wear a mask, and clarified that the Legislative Council  Chair could request mask use in individually-occurring  circumstances.    VICE-CHAIR REINBOLD asked for a clarification on the  wording of page two section IV of the COVID Mitigation  Policy.    EXECUTIVE DIRECTOR GEARY said if someone tests positive,  they are required to isolate as directed by health  authorities. Currently the CDC's guidance says that, if  you are a close contact and do not meet the certain  requirements of having COVID within ninety days and being  boosted, the current protocol is that those people must  quarantine for five days. The "test to stay protocol"  allows daily testing for close contacts so they do not  have to miss work.    VICE-CHAIR REINBOLD asked if this is saying unvaccinated  people must isolate for five days and natural immunity is  not recognized even though it is superior.    EXECUTIVE DIRECTOR GEARY said no, if an individual is  sick and tests positive, that is the only time this  section would go into effect. She recited Section IV of  the proposed COVID Mitigation Policy.    SENATE PRESIDENT MICCICHE said his understanding of this  policy is that committee chairs will still have the  option of making COVID policies inside of their committee  rooms. He asked if that was a correct assumption.    EXECUTIVE DIRECTOR GEARY responded yes.    SENATE PRESIDENT MICCICHE moved to call the question.    CHAIR HANNAN restated that the question before Council is  to adopt the updated Legislative Council COVID-19  Mitigation Policy as amended by Senator Reinbold.    There was discussion regarding masks now being optional  within the Capitol.    REPRESENTATIVE TUCK asked, regarding section III of the  COVID-19 Mitigation Policy, if authority goes to the  Council Chair or Rules Chair.    EXECUTIVE DIRECTOR GEARY said the reason the Legislative  Council Chair is listed because it is a Council policy.  Historically, Council Chair has been responsible for  exceptions to the policy. She said this does not take any  authority away from any committee chair; those decisions  by those individuals can still be made. Legislative  Council Chair could not agree, but that is not the intent  of this policy.    VICE-CHAIR REINBOLD asked if there is equal application  between unvaccinated and vaccinated in the policy and  that natural immunity is recognized.    EXECUTIVE DIRECTOR GEARY said those factors are covered  in the test to stay protocol. It treats everyone the same  unless someone tests positive.    REPRESENTATIVE TILTON asked if the Council Chair  determines a special situation, like the Lounge requiring  masks, and will it be made clear to the Legislature when  those decisions are made.    EXECUTIVE DIRECTOR GEARY said signage will be placed and  a communication made to let all offices know what spaces  require masks.    CHAIR HANNAN requested a roll call vote on the modified  February 23 COVID-19 Mitigation Policy.    9:06:50 AM  A roll call vote was taken.    YEAS: Representatives Claman, Edgmon, Foster, Hannan,  Stutes, Tilton, Tuck; Senators Bishop, Micciche, Hughes,  Reinbold, Shower, Stedman, Stevens.    NAYS: None.    The motion passed 14-0.    VI. ADJOURN    9:07:40 AM  Chair Hannan said with nothing further to come before  Council, the meeting is adjourned.