ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL   FEBRUARY 21, 2023  5:30 PM   MEMBERS PRESENT  Senator Elvi Gray-Jackson, Chair  Representative Kevin McCabe, Vice Chair  Senator Click Bishop  Senator Matt Claman  Senator Jesse Kiehl  Senator Donny Olson  Senator Gary Stevens  Representative Bryce Edgmon  Representative Sara Hannan  Representative Craig Johnson  Representative Dan Saddler  Representative Cathy Tilton    MEMBERS ABSENT  Senator Lyman Hoffman  Senator Bert Stedman (alternate)  Representative George Rauscher    OTHER MEMBERS PRESENT    AGENDA  COMMITTEE ORGANIZATION  COMMITTEE POLICIES  APPROVAL OF MINUTES  COMMITTEE BUSINESS    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  Emily Nauman, Director, Legal Services, LAA  Kathryn Kurtz, Assistant Revisor of Statutes, Legal  Services, LAA  Mindy Kissner, Finance Manager, LAA              I. CALL TO ORDER    5:32:40 PM SENATE PRESIDENT STEVENS called the Legislative Council  meeting to order at 5:32 PM. Present at the call were:  Senators Bishop, Claman, Gray-Jackson, Kiehl, Olson, Stevens;  Representatives Edgmon, Hannan, Johnson, McCabe, Saddler,  Tilton.    Twelve members present.    II. COMMITTEE ORGANIZATION    5:33:45 PM  SENATE PRESIDENT STEVENS nominated and elected Senator Elvi  Gray-Jackson as the Chair of Legislative Council and asked  unanimous consent and that nominations be closed.    Without objection, Senator Gray-Jackson was elected Chair of  Legislative Council.    5:34:38 PM  SPEAKER TILTON nominated and elected Representative Kevin  McCabe as the Vice-Chair of Legislative Council and asked  unanimous consent and that nominations be closed.    Without objection, Representative McCabe was elected Vice- Chair of Legislative Council.    III. COMMITTEE POLICIES    A. Quorum and Voting Requirements    CHAIR GRAY-JACKSON said it is a long-time Council policy to  require a minimum of eight members for a quorum, and eight  members to approve a motion. With a fourteen-member joint  committee, this policy ensures at least one member of the  other body approves a motion or satisfies a quorum to do  Councils business. Unless there is an objection, she would  like to maintain this tradition.    The policy was maintained without objection.    B. Alternate Members    CHAIR GRAY-JACKSON stated in 2011 Council adopted the practice  of appointing alternate members, similar to other committees  such as Legislative Budget and Audit and Ethics. For 2023- 2024, the alternate member for the Senate is Senator Bert  Stedman and there is no alternate member in the House.    CHAIR GRAY-JACKSON continued that she would like to establish  the policy that alternate members are welcome to sit at the  table at any Legislative Council meeting. Regarding voting, an  alternate may only vote in the absence of an appointed Council  member of their respective body. In other words, the Senate  alternate may only vote if a Senate member is not present; a  Senate alternate may not vote if there is an absence in the  House membership of the Council.    The policy was approved without objection.    CHAIR GRAY-JACKSON thanked her staff, Legislative Affairs  Agency staff, and the members of Council. She pledged to treat  everyone, from committee members to staff and presenters with  respect, and anticipated that all members would do the same.  She pledged to provide plenty of notice for upcoming meetings;  materials as early as possible; and to do her best to discuss  agenda items with each member prior to the meeting. She asked  members who may have questions or concerns about any materials  to ask in advance of the meeting, so staff have a chance to  prepare a response or additional information. She reminded  members that LAA staff serve the committee and asked that  members be courteous and respectful in their questions and  comments when staff present data. The Chair closed by saying  that she looks forward to working with Vice Chair McCabe,  getting to know her colleagues in the House, and working with  each member on this very important committee.    C. Sanctioning Charitable Events    CHAIR GRAY-JACKSON stated as per AS 24.60.080(a)(2)(B)  Legislative Council sanctions charitable events that have  501(c)(3) tax exempt status. The policy in place since 2003  grants the Chair the ability to sanction these charitable  events and the Committee would ratify the Chairs action at  the next Council meeting.    The policy was maintained without objection.    D. Subcommittees    CHAIR GRAY-JACKSON stated she would like to continue the work  of the subcommittees on Information Technology, Security, and  Assembly Building issues. If members, or staff representing  them, would like to serve on any of these subcommittees,  please contact her office. There was no discussion of this  item.    JESSICA GEARY thanked the Chair for the opportunity to  introduce her hard-working, non-partisan management team who  support the important work of the Legislature. She stated the  many and various functions LAA provides then introduced LAAs  leaders: Megan Wallace, Chief Counsel and Parliamentarian;  Mike Warenda, Anchorage Operations Manager; Rayme Vinson,  Chief of Security; Tim Banaszak, Chief Information Officer;  Tim Powers, Manager of Information and Teleconferencing and  LIOs; JC Kestel, Procurement Officer and Supply Manager; Mindy  Kissner, Finance Manager; John Wright, Print Shop and  Documents Manager; Serge Lesh, Facilities Manager; Skiff  Lobaugh, Human Resources Manager; Chuck Burnham, Research  Manager; Emily Nauman, Legal Services Director; Sant Lesh,  Deputy Executive Director; and Molly Kiesel, Special Assistant  and Recording Secretary for Council. Together this team has a  combined total of 200 years of legislative service and  institutional knowledge. She said she is proud to lead this  effective group of professionals and appreciated the privilege  of recognizing them here today.    IV. APPROVAL OF MINUTES    5:42:34 PM  VICE-CHAIR MCCABE moved that Legislative Council approve the  minutes of the December 19, 2022, meeting as presented.    The minutes were approved without objection.    V. COMMITTEE BUSINESS    A. 2023 Manual of Legislative Drafting    5:43:39 PM  VICE-CHAIR MCCABE moved that Legislative Council approve the  2023 Legislative Drafting Manual.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  requested Emily Nauman, Legal Services Director, and Hilary  Martin, Revisor of Statutes, to speak to this item.    EMILY NAUMAN, Director of Legal Services (LAA), said the  Manual of Legislative Drafting is adopted each legislature as  required under Uniform Rule 10, which states in part that the  Manual be followed by all officers and employees of the  legislature in preparation, processing, and disposition of all  legislative documents and records. Essentially, the Drafting  Manual operates as the rules for the Legal Services division.  Most 2023 updates are simple and update references from the  32nd Legislature to the 33rd Legislature. The few technical  and substantive changes were outlined in the January 19, 2023,  memo provided to Council.    There was no discussion of this item and Chair Gray-Jackson  removed her objection.    5:45:24 PM  A roll call vote was taken.    YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl, Olson,  Stevens; Representatives Edgmon, Hannan, Johnson,  McCabe, Saddler, Tilton    NAYS: None    The motion passed 12-0.    B. Office of Victims Rights Compensation    5:46:06 PM  VICE-CHAIR MCCABE moved that Legislative Council approve bill  version 33-LS0441\A and request the Senate Rules Committee to  introduce it.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked Ms. Geary to speak to this item.    MS. GEARY said as was discussed at the August 18, 2022,  Legislative Council meeting, the four Office of Victims  Rights (OVR) attorneys were inadvertently omitted from the  attorney pay raise bill, HB 226. The budgetary component has  been corrected; however, legislation must be approved to amend  the statute to add OVRs attorneys to the attorney salary  schedule.    There was no discussion of this item and Chair Gray-Jackson  removed her objection.    5:47:19 PM  A roll call vote was taken.    YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl, Olson,  Stevens; Representatives Edgmon, Hannan, Johnson,  McCabe, Saddler, Tilton    NAYS: None    The motion passed 12-0.    C. 2023 Revisors Bill    5:48:04 PM  VICE-CHAIR MCCABE moved that Legislative Council approve the  2023 Revisors Bill version 33-LS0303\B and request the Senate  Rules Committee to introduce it.    CHAIR GRAY-JACKSON objected for the purpose of discussion and  asked Kathryn Kurtz, Assistant Revisor of Statutes, and Emily  Nauman, Legal Services Director, to speak to this item.    KATHRYN KURTZ, Assistant Revisor of Statutes, said the purpose  of the Revisors Bill which is anticipated in statute, is to  improve the statutes by correcting or removing deficiencies,  conflicts, and obsolete provisions. Legal Services reviews the  statutes on a regular basis for that type of problem and  receives feedback from users, including the Department of Law  when they notice issues; the Revisors Bill isnt intended to  fix every issue. The bill is deliberately policy neutral and  intended to simply clean up existing statutes. At the Agencys  request, the Department of Law reviewed the draft bill, found  no legal issues and support the proposed amendments in the  bill. She said the changes are explained in the Sectional  Summary.    There was no discussion of this item and Chair Gray-Jackson  removed her objection.    5:49:53 PM  A roll call vote was taken.    YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl, Olson,  Stevens; Representatives Edgmon, Hannan, Johnson,  McCabe Saddler, Tilton    NAYS: None    The motion passed 12-0.    D. FY22 Legislature Audit    CHAIR GRAY-JACKSON noted for members that this was not an  action item and asked Mindy Kissner, Finance Manager, to speak  to this item.    MINDY KISSNER, Finance Manager with the Legislative Affairs  Agency, stated that before members was the FY22 Audit  conducted by external auditors Elgee Rehfeld. By statute the  legislature undergoes an independent audit of its internal  controls and financial statements. The outcome of the FY22  Audit was a clean audit with no exceptions.    There was no discussion of this item.    E. FY24 Legislative Council Budget    5:51:40 PM  VICE-CHAIR MCCABE moved that the Legislative Council per AS  24.20.130 approve the FY24 Legislative Council Proposed Budget  and transmit it to the House and Senate Finance Committees for  their review and action.    CHAIR GRAY-JACKSON objected for the purpose of discussion.  After the discussion, if the motion is approved, the  Legislative Council budget will be advanced to the respective  legislative budget subcommittees. Representatives Tilton and  Johnson serve on the House subcommittee, and Senators Hoffman,  Olson, and Stevens serve on the Senate subcommittee. The House  Finance Subcommittee is scheduled to consider the  Legislatures budget on February 24, 2023. She asked Ms. Geary  to speak to this item.    EXECUTIVE DIRECTOR GEARY said the FY24 proposed budget and  sectional narrative, which details each appropriation and  allocation in the budget. In preparing this budget request,  she met with Presiding Officers, Rules Chairs, House and  Senate Finance Co-Chair staff, and the Legislative Council  Chair. This committee is responsible for authorizing the  transmittal of this budget request to the Finance Committees  for action. By voting yes, members agree to pass the budget to  Finance for any additional work or changes they may make.    She said rather than going page by page, she would highlight  the significant items in this request and encouraged members  to ask questions at any time during her presentation.  Generally, overtime hours worked by non-partisan staff were  still fairly high but moving in the right direction and  recruitment and retention remain challenging, mainly for  seasonal and lower range positions. For calendar year 2022,  which had no special sessions, LAA staff worked a combined  total of more than 8,000 hours of overtime.    Ms. Geary paused in her testimony to clarify for members that  staff are not eligible for overtime pay and she is using the  term overtime to refer to hours worked over the salaried  time of 37.5 hours per week; this work is recognized with  hour-for-hour compensatory time, which has no cash value. She  continued that the overtime worked in 2022 was the equivalent  of just over four full-time positions. Several employees  exceeded the annual limit of 150 hours of compensatory time  before the end of the year, meaning the extra hours required  to complete their work were essentially donated. This is a  reduction of about 20% from 2021 which had four special  sessions.    The administrative services portion of the legislatures  budget had significant cuts in FY16 and has been flat funded  since. Efficiency and attrition have supported workload  increases and existing services without impacting the budget  despite the current rate of inflation. This allocation now has  an eight percent vacancy rate in personal services and  maintaining current operations will require more resources.  Specifically, two additional full-time positions are included  in this budget request: a contracting officer in the supply  section and an information assistant for the Mat-Su  legislative information office for a total increment of  $200,000; as well as an increment of $450,000 to reduce the  vacancy rate to a more sustainable three percent.    As was discussed in the previous agenda item, as a companion  to the required legislation, the Office of Victims Rights  allocation includes an increment of $107,000 to fund placing  the OVR attorneys permanently on the attorney salary schedule.    Ms. Geary continued with the Legislative Security Services  allocation, saying that Legislative Council approved a  contract for security services at the Anchorage Legislative  Office Building and an increment of $100,000 to fund it, which  is in this request. In the Session Expenses allocation there  is an increment of $117,000 to fund an increase in the staff  lodging stipend as approved by Legislative Council in January  and requested receipt authority of $35,000 for royalties  received from Lexis Nexis for publication of Alaska Statutes.    Finally, the Session Expenses allocation has been chronically  underfunded the past several budget cycles and has had to  borrow from the interim budget, otherwise known as the  Legislative Operating Budget. To ensure a fully funded Session  Expenses allocation, including enough funding for a thirty-day  special session, an increment or permanent transfer from the  interim budget in the amount of $581,000 is recommended.    There was no discussion of this item and Chair Gray-Jackson  removed her objection.    5:56:35 PM  A roll call vote was taken.    YEAS: Senators Bishop, Claman, Gray-Jackson, Kiehl, Olson,  Stevens; Representatives Edgmon, Hannan, Johnson,  McCabe Saddler, Tilton    NAYS: None    The motion passed 12-0.    VI. ADJOURN    SENATOR STEVENS complimented Chair Gray-Jackson on a flawless  meeting with unanimity on every issue and said it may be the  last time she sees that [laughter].    SENATOR BISHOP said he echoed Senator Stevens's comment to new  Vice-Chair McCabe and to Chair Gray-Jackson as well.    With no further business before the committee, the meeting was  adjourned at 5:58 PM.    5:58:09 PM