ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL   SEPTEMBER 10, 2025  1:00 PM   MEMBERS PRESENT  Representative Sara Hannan, Chair  Representative Ashley Carrick  Representative Bryce Edgmon  Representative Chuck Kopp  Representative Mike Prax  Representative Calvin Schrage  Representative Louise Stutes  Representative Donna Mears (alternate)  Senator Matt Claman  Senator Elvi Gray-Jackson  Senator Jesse Kiehl  Senator Löki Tobin (alternate)    MEMBERS ABSENT  Senator Gary Stevens, Vice Chair  Senator Cathy Giessel  Senator Lyman Hoffman  Senator Bert Stedman    OTHER MEMBERS PRESENT  Representative Andy Josephson  Representative Ky Holland  Representative Ted Eischeid  Senator Scott Kawasaki    AGENDA  APPROVAL OF AGENDA  APPROVAL OF MINUTES  COMMITTEE BUSINESS  EXECUTIVE SESSION    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  JC Kestel, Procurement Officer, LAA  Emily Nauman, Director, Legal Services, LAA    I. CALL TO ORDER    1:06:01 PM  CHAIR HANNAN called the Legislative Council meeting to  order at 1:06pm on September 10, 2025, in the Denali Room  of the Anchorage Legislative Office Building.    Present at the call were Representatives Carrick, Edgmon,  Schrage, Stutes, Mears, Hannan; Senators Claman, Gray- Jackson, Kiehl, Tobin.    Ten members present.    Representative Kopp joined the meeting at 1:08pm and  Representative Prax joined the meeting at 1:21pm.    II. APPROVAL OF THE AGENDA    1:08:50 PM  SENATOR KIEHL moved and asked unanimous consent that  Legislative Council approve the agenda as presented.    The motion passed without objection.    III. APPROVAL OF THE MINUTES  a. August 27, 2025, Meeting Minutes    1:09:44 PM  SENATOR KIEHL moved and asked unanimous consent that  Legislative Council approve the minutes dated August 27,  2025, as presented.    The minutes were approved without objection.    IV. COMMITTEE BUSINESS  a. Anchorage Legislative Office Building (ALOB) Snow  Removal Contract Renewal No. 4    1:10:32 PM  SENATOR KIEHL moved that Legislative Council approve  Renewal No. 4 of the contract for snow removal services  with Kelly Inc., dba A-1 Lawn & Landscaping, in an amount  not to exceed $65,000.00.    CHAIR HANNAN objected for the purpose of discussion and  asked Procurement Officer JC Kestel to speak to this item.    JC KESTEL, Procurement Officer, Legislative Affairs Agency  (LAA), stated that the Agency is requesting approval for  Renewal No. 4 of the snow removal contract for the  Anchorage Legislative Office Building. The contract has  been in place for several years, the Agency has been  satisfied with the services provided, and there is no price  increase associated with this renewal.    There was no discussion and a roll call vote was taken.    1:12:09 PM  YEAS: Representatives Carrick, Edgmon, Kopp, Schrage,  Stutes, Mears, Hannan; Senators Claman, Gray-Jackson,  Kiehl, Tobin    NAYS: none    The motion passed 11-0.    b. Homer Office Space Lease Renewal No. 1    1:13:40 PM  SENATOR KIEHL moved that Legislative Council approve  Renewal No. 1 of the lease extension for Homer office space  in the amount of $58,119.12.    CHAIR HANNAN objected for the purpose of discussion and  asked Procurement Officer JC Kestel to speak to this item.    JC KESTEL, Procurement Officer, LAA, stated that the Agency  is requesting approval to exercise Renewal No. 1 of the  lease extension for the Homer office space and Legislative  Information Office. He noted this office serves Senator  Stevens and Representative Vance, both of whom have  expressed support for the renewal. The lease includes five  optional one-year renewals, and this would be the first.  Because the lease exceeds $50,000 in one fiscal year,  Legislative Council approval is required.    There was no further discussion, and a roll call vote was  taken.    1:15:26 PM  YEAS: Representatives Carrick, Edgmon, Kopp, Schrage,  Stutes, Mears, Hannan; Senators Claman, Gray-Jackson,  Kiehl, Tobin    NAYS: none    The motion passed 11-0.    c. Kodiak Office Space Lease Renewal No. 3    1:16:38 PM  SENATOR KIEHL moved that Legislative Council approve  Renewal No. 3 of the lease extension for Kodiak office  space in the amount of $71,012.52.    CHAIR HANNAN objected for the purpose of discussion and  asked Procurement Officer JC Kestel to speak to this item.    JC KESTEL, Procurement Officer, LAA, stated that included  in member packets is a memorandum requesting approval of  Renewal No. 3 of the lease extension for the Kodiak office  space. He noted that this is the district office for  Senator Stevens and Representative Stutes, both of whom  have expressed positive feedback and support for the  renewal. The lease provides for five optional one-year  renewals, two of which have been exercised to date.    SENATOR TOBIN asked why the price precision of fifty-two  cents.    MR. KESTEL responded that the amount is calculated annually  based on the Consumer Price Index for Urban Consumers (CPI- U). He explained that the adjustment varies each year, for  example, next year it could be thirteen cents, depending on  the CPI-U calculation.    REPRESENTATIVE EDGMON stated that he was speaking in  support of the renewal. He noted that with one-year  contracts prices typically increase rather than decrease  and asked for an explanation of the reasoning behind the  agreement.    MR. KESTEL responded that the one-year renewal options  provide the Agency and the legislature flexibility to  determine, as time passes and leases age, whether the space  and needs of the legislature remain the same. He explained  that district needs may shift, for instance due to  redistricting. The one-year renewals allow the legislature  to evaluate whether to continue with the facility,  relocate, or adjust to market conditions. He further noted  that leases are generally structured with an initial five- year term, followed by annual one-year renewal options. The  initial five-year period is intended to provide building  owners with the assurance of a long-term commitment, as  most would not enter into an agreement on a year-to-year  basis without that incentive.    CHAIR HANNAN asked Representative Stutes if she had any  comments since this is her district office.    REPRESENTATIVE STUTES stated that she supported the lease  renewal and noted the landlord has generally provided good  service, addressing issues as they arise. She added that  she had a separate concern regarding why some legislative  offices are open only six months of the year, sharing an  example when her LIO was closed, and staff were  unavailable. She asked who determines why some offices  operate only part-time.    CHAIR HANNAN asked that this question be brought up as a  separate item of discussion since it does not pertain  directly to the lease renewal.    REPRESENTATIVE STUTES stated she would be happy to do that,  agreeing and adding her appreciation for the good working  relationship with the managers of the Kodiak office.    There was no further discussion, and a roll call vote was  taken noting that with Representative Prax joining,  Representative Mears would no longer be voting as an  alternate member.    1:23:15 PM  YEAS: Representatives Carrick, Edgmon, Kopp, Prax, Schrage,  Stutes, Hannan; Senators Claman, Gray-Jackson, Kiehl, Tobin    NAYS: none    The motion passed 11-0.    V. EXECUTIVE SESSION  a. Executive Order 137 Legal Briefing    CHAIR HANNAN stated that Legislative Council would go into  Executive Session for a briefing regarding legal issues  surrounding Executive Order 137.    1:25:27 PM  SENATOR KIEHL 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 and  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 on-line for the Executive Session:  Jessica Geary, Crystaline Jones, Liz Clark, Emily Nauman,  Ian Walsh, Madison Truitt, any legislators not on  Legislative Council, and any staff of Legislative Council  members.    1:26:22 PM  Council went into Executive Session.    3:16:12 PM  Council came out of Executive Session.    3:16:25 PM  Council took a brief at ease.    3:17:38 PM  Council returned from brief at ease.    Roll was taken to establish a quorum. Present at the call  were: Representatives Carrick, Edgmon, Kopp, Prax, Schrage,  Stutes, Hannan; Senators Claman, Gray-Jackson, Kiehl,  Tobin.    Eleven members present.    3:19:03 PM  SENATOR KIEHL moved that, under the authority of  AS.24.20.0604(f), Legislative Council authorize a contract  for legal services, not to exceed $100,000, to undertake  litigation on behalf of the legislature regarding the  governor's issuance of an executive order during the first  special session of the Thirty-Fourth Alaska State  Legislature. He further moved that Legislative Council  authorize the Chair to give direction to Legislative Legal  Services and outside legal counsel regarding the  litigation.    CHAIR HANNAN objected for the purpose of discussion and  asked for Legal Services Director Emily Nauman to speak to  the motion.    EMILY NAUMAN, Director, Legal Services, LAA, explained that  the genesis of this litigation stems from a disagreement  between the legislature and the governor regarding whether  the governor has authority, under the Alaska constitution,  to introduce an executive order during a special session.  She noted that the issue is before the legislature because  the governor recently introduced Executive Order 137,  establishing the Department of Agriculture, during the  special session. The order was returned by the presiding  office to the governor. However, the governor has asserted  that he will give effect to it because it was not expressly  rejected or disapproved by the legislature. This conflict  in the interpretation of the constitution has created a  constitutional question between the legislative and  executive branches, and the litigation is intended to  resolve whether a governor may introduce an executive order  during a special session.    REPRESENTATIVE KOPP stated that he strongly supports the  separation of powers and the legislature's authority,  specifically through Legislative Council, to file suit if  necessary to resolve questions of law. He noted, however,  that the administration appears to have deescalated its  efforts to create the department outside of the legislative  process. He further stated that two bills are currently  before the legislature addressing this matter and expressed  his preference not to initiate litigation unless there is  clear action by the administration indicating an intent to  proceed unilaterally. He clarified that his vote is not  against protecting the separation of powers but reflects a  desire to preserve legislative authority while also working  in a bipartisan and transparent manner that respects  constitutional processes without unnecessarily escalating  political tensions already present at both national and  state levels.    REPRESENTATIVE STUTES stated that while it is important to  make every effort to work with the governor and the  executive branch, it is equally important to protect the  rights of the legislature. She said that, as a parent and  grandparent, the situation seems simple, this order has  already been brought before both bodies and clearly voted  down. Framing it as a question of We said, no Don't you  understand what no means She further noted that it is  still the Thirty-Fourth Legislature with legislation  pending on this issue. If the executive branch wishes to  pursue it, the proper avenue is through the legislative  process. She expressed concern that introducing a second  executive order during a special session with limited time  disregards the legislature's decision, reiterating, "What  part of no don't you understand?"    REPRESENTATIVE PRAX cautioned against approving the motion.  He believes the legislature is too focused on the current  disagreement with the governor and not considering the  broader implications for future governors who may need to  act urgently. He emphasized that when the governor calls a  special session, the legislature is required to convene and  retains the authority to reject action if it chooses. He  expressed concern that prevailing in this matter would set  a precedent that the legislature can act simply by doing  nothing, which is not a sound practice for any  organization.    REPRESENTATIVE SCHRAGE spoke in support of pursuing  litigation, stating that while maintaining a productive  relationship with the executive branch is important, the  legislature must protect its procedural authority. He noted  that the legislature has already rejected the executive  order, yet it was reintroduced, and with the January 1,  2026, effective date approaching, the administration could  create a new department without legislative oversight of  costs or resources. He stated that litigation preserves the  legislature's role in the process and may be withdrawn if  the administration reverses course, but at this time he  supports moving forward.    SENATOR KIEHL spoke in support of authorizing litigation,  emphasizing the need to defend the constitution and the  legislature's role. He noted that while he supports  agricultural development in Alaska, the issue before the  committee is whether the executive order was introduced in  a manner consistent with the constitution. He stated he is  convinced it was not and added that authorizing litigation  ensures the legislature is prepared to act if the governor  proceeds unilaterally. He concluded that he would vote  "yes."    There was no further discussion, and a roll call vote was  taken.    3:30:31 PM  YEAS: Representatives Carrick, Edgmon, Schrage, Stutes,  Hannan; Senators Claman, Gray-Jackson, Kiehl, Tobin    NAYS: Representatives Kopp, Prax    The motion passed 9-2.    VI. ADJOURNMENT    There being no further business before the committee, the  Legislative Council meeting was adjourned at 3:32pm.  3:32:09 PM