ALASKA STATE LEGISLATURE  LEGISLATIVE COUNCIL   FEBRUARY 12, 2025  5:15 PM   MEMBERS PRESENT  Representative Sara Hannan, Chair  Senate President Gary Stevens, Vice Chair  Representative Ashley Carrick  Representative Bryce Edgmon  Representative Chuck Kopp  Representative Donna Mears (alternate)  Representative Mike Prax  Representative Louise Stutes  Senator Matt Claman  Senator Cathy Giessel  Senator Elvi Gray-Jackson  Senator Jesse Kiehl  Senator Bert Stedman      MEMBERS ABSENT  Representative Calvin Schrage  Senator Lyman Hoffman  Senator L?ki Tobin (alternate)      OTHER MEMBERS PRESENT  None      AGENDA  COMMITTEE ORGANIZATION  APPROVAL OF AGENDA  COMMITTEE POLICIES  APPROVAL OF MINUTES  COMMITTEE BUSINESS    SPEAKER REGISTER  Jessica Geary, Executive Director, Legislative Affairs  Agency (LAA)  Mindy Kissner, Finance Manager, LAA  Emily Nauman, Director, Legal Services, LAA  Hilary Martin, Revisor of Statutes, Legal Services, LAA      I. CALL TO ORDER    5:18:18 PM  SPEAKER EDGMON called the Legislative Council meeting to  order at 5:18pm on Wednesday, February 12, 2025, in room  519 (House Finance) of the State Capitol. Present at the  call were Representatives Carrick, Edgmon, Kopp, Prax,  Stutes, Mears, Hannan; Senators Claman, Giessel, Gray- Jackson, Kiehl, Stevens.    Twelve members present.    Senator Stedman joined the meeting at 5:23pm.    II. COMMITTEE ORGANIZATION  a. Election of the Chair    5:19:29 PM  SPEAKER EDGMON nominated Representative Sara Hannan as the  Chair of Legislative Council and asked unanimous consent  and that nominations be closed.    Without objection, Representative Sara Hannan was elected  Chair of Legislative Council.    b. Election of the Vice Chair    5:20:14 PM  SENATOR GIESSEL nominated and elected Senate President Gary  Stevens as the Vice-Chair of Legislative Council and asked  for unanimous consent and that nominations be closed.    Without objection, Senate President Gary Stevens was  elected Vice-Chair of Legislative Council.    III. APPROVAL OF AGENDA    5:20:40 PM  VICE CHAIR STEVENS moved and asked unanimous consent that  Legislative Council approve the agenda as presented.    The motion passed without objection.    IV. COMMITTEE POLICIES  a. Quorum and Voting Requirements    CHAIR HANNAN stated that it has been a long-standing policy  of the Council to have a requirement of eight members for a  quorum and eight members to pass a motion. With a fourteen- member joint committee, this policy ensures that any motion  requires at least one member of the other body to prevail  so that no one side of our bicameral body could pass a  motion without collaboration with the others. She said  unless there is an objection, she would like to maintain  this tradition.    The policy was maintained without objection.    CHAIR HANNAN suggested a minor modification to the  Legislative Council's voting practices. She proposed that  roll call votes only be conducted when at least one member  is participating via teleconference or if an objection is  maintained. She explained that this change would streamline  meetings, allowing the Council to proceed more efficiently  when there is no dispute and no remote participants  requiring a roll call. Unless there is an objection, she  proposed adopting the policy of approving votes by stating,  "If there is no objection, it will pass."    The policy was maintained with no objection.    b. Alternate Members    CHAIR HANNAN stated in 2011, the Council adopted the  practice of appointing alternate members, similar to other  committees such as Legislative Budget and Audit and Ethics.  For 2025-2026, the alternate member for the Senate is  Senator Tobin and the alternate member for the House is  Representative Mears.    CHAIR HANNAN elaborated that an alternate may only  participate in the absence of an appointed Council member  of their respective body. In other words, the Senate  alternate may only participate if one of the Senate members  is not present; and a House member may only participate if  one of the House members is not present.    The policy was maintained without objection.    c. Sanctioning of Charitable Events Policy  i. Ratifications  1. Juneau Dance Theater Gala  2. Juneau Animal Rescue Fundraiser    CHAIR HANNAN stated per AS 24.60.080(a)(2)(B), the  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 Chair's action at  the next Council meeting.    The policy was maintained without objection.    5:24:14 PM  VICE CHAIR STEVENS moved and asked unanimous consent that  Legislative Council ratify the Chair's sanctioning of the  following charitable events per AS 24.60.080(a)(2)(B):    1) Juneau Dance Theater's 50th Anniversary GalaFebruary 8,  2025  2) Juneau Animal Rescue's annual Love is a Four-Legged Word  FundraiserFebruary 15, 2025    CHAIR HANNAN objected for the purpose of discussion and  confirmed that the 501(c)(3) status of both organizations  was verified before they were sanctioned.    There was no discussion. Chair Hannan removed her objection  and the sanctioning of the two charitable events were  ratified.    d. Subcommittee Policy  i. IT Subcommittee    CHAIR HANNAN stated that the Legislative Council will form  one subcommittee at this time - the Information Technology  Subcommittee. She appointed Chief Information Technology  Officer Shay Wilson as subcommittee chair, and members will  include: from the Legislative Affairs Agency (LAA) - Chief  Technology and Outreach Officer Tim Powers, Technology  Assistance Center (TAC) Supervisor Drew Gruening, Hardware  Supervisor Frank Wilson; from legislative support offices  - Crys Jones or her designee from the House Chief Clerk's  Office, Liz Clark or her designee from the Senate  Secretary's Office, Lori Roland or her designee from House  Records, Merigwen Kawakami or her designee from Senate  Records, Helen Phillips or her designee from House Finance  Secretaries, Doniece Gott or her designee from Senate  Finance Secretaries; from the leadership offices -  Legislative Council Chair's staff Tim Clark, Senate  President's staff Tim Lamkin, House Speaker's staff Laib  Allensworth; from at-large legislative offices - Senator  Kiehl's staff Aurora Hauke and Representative Foster's  staff Brodie Anderson.    V. APPROVAL OF MINUTES  a. December 12, 2024, minutes    5:27:14 PM  VICE CHAIR STEVENS moved that Legislative Council approve  the minutes of the December 12, 2024, meeting as presented.    Chair Hannan objected for purposes of discussion; there was  no discussion, and she removed her objection.    The minutes were approved without objection.    VI. COMMITTEE BUSINESS  a. FY24 Legislature Audit    CHAIR HANNAN noted that this was not an action item and  asked Mindy Kissner, LAA Finance Manager, to speak to this  item.    MINDY KISSNER, Finance Manager, Legislative Affairs Agency,  stated that before members was the FY24 Audit conducted by  external auditors Elgee Rehfeld. By statute, the  legislature undergoes an annual independent audit of its  internal controls and financial statements. The outcome of  the FY24 Audit was a clean audit with no exceptions.    There was no discussion.    CHAIR HANNAN thanked Ms. Kissner for a clean audit and for  the hard work of her staff to always make sure the  legislature has clean audits.    b. 2025 Manual of Legislative Drafting    5:29:42 PM  VICE CHAIR STEVENS moved that Legislative Council approve  the 2025 Legislative Drafting Manual.    CHAIR HANNAN objected for purposes of discussion and  invited Emily Nauman, Legal Services Director, and Hilary  Martin, Revisor of Statutes, to speak to this item.    EMILY NAUMAN, LAA Legal Services Director, stated that a  primary role of their office is to act as stewards of the  Alaska State Statutes, a responsibility they take very  seriously. She explained that their mission is carried out  by ensuring that statutes and drafted bills comply with the  Legislative Drafting Manual, which instructs that bills and  statutes are to be clear, readable, consistent, and well- organized. She then introduced Hilary Martin, the Revisor  of Statutes, who works tirelessly to ensure that bills and  the statutes comply with the Legislative Drafting Manual.  She, along with the Legal Editor, are responsible for  updating the drafting manual each legislative cycle. Ms.  Nauman then invited Ms. Martin to discuss recent changes  and answer any questions specific to the updated drafting  manual.    HILARY MARTIN, Revisor of Statutes, stated that Uniform  Rule 10 and AS 24.08.060 require Legal Services to follow  the Legislative Drafting Manual, which must be adopted by  the Legislative Council each legislature. She explained  that the manual is prepared by herself, Legal Editor Lora  Brown, and the enrolling secretary. A memo detailing the  updates was provided, with the only recent change being a  few corrected page numbers due to formatting adjustments  during printing. Martin offered to either review the  changes or answer any questions.    MS. NAUMAN had one comment for clarity, stating that the  color of the drafting manual changes every legislature, and  the one for the 2025-2026 cycle is a peach color. She  continued, if members see a drafting manual that's not  peach, after the presented manual is adopted, members can  recycle it. She concluded stating that this drafting manual  is also available on Legislative Legal intranet page.    CHAIR HANNAN, noting there were no questions by members,  removed her objection.    Without objection, the 2025-2026 Legislative Drafting  Manual was adopted.    c. Janus Litigation Contract Amendment No. 1    5:33:57 PM  VICE CHAIR STEVENS moved that Legislative Council approve  Amendment No. 1 to the Stoel Rives contract for the Janus  litigation in the amount of ten thousand dollars ($10,000)  for a total contract amount of one hundred and ten thousand  dollars ($110,000).    CHAIR HANNAN objected for the purposes of discussion and  said that Megan Wallace, Chief Counsel, Legislative Legal  Services, would be speaking to this item via  teleconference.    MEGAN WALLACE, Chief Counsel, LAA Legal Services, stated  that included in the packet is a memo dated February 6,  2025, outlining a request to increase an existing Legal  Services contract by $10,000. This contract, originally  approved by the Legislative Council in December 2023, was  established with Stoel Rives to represent the legislature  in the Janus litigation. The case has progressed through  litigation, with both the legislature and the State filing  cross-motions for summary judgment. Oral arguments are  scheduled for the following day [February 13, 2025] in  Anchorage Superior Court. She explained that the additional  funds are intended to cover the remaining costs at this  stage of litigation and confirmed her availability for any  questions.    VICE CHAIR STEVENS asked for Ms. Wallace to provide a brief  review of the Janus litigation.    MS. WALLACE explained that the Janus litigation stemmed  from a special audit conducted by the legislative auditor  at the legislature's request. The audit examined  appropriations made to the Department of Law in FY2021 and  FY2022, where the legislature had allocated specific funds  for litigation related to the U.S. Supreme Court's Janus  decision while restricting the use of other funds for  contracts related to that litigation. The governor vetoed  the appropriation for contracts that could be used to  retain outside counsel, but the Department of Law proceeded  with using funds to retain outside counsel to pursue those  matters related to the U.S. Supreme Court Janus decision.  The lawsuit seeks a court ruling on whether the Department  of Law had the authority to enter into those contracts or  if the legislature lawfully imposed limits on the amount of  money that could be spent on those outside contracts.    CHAIR HANNAN, noting there was no further discussion,  removed her objection.    Without objection, the motion to add $10,000 to the  existing contract was approved.    d. FY26 Legislative Council Budget Request    5:38:45 PM  VICE CHAIR STEVENS moved that Legislative Council per AS  24.20.130 approve transmittal of the FY26 Legislative  Council Proposed Budget as amended to the House and Senate  Finance Committees for their review and action.    CHAIR HANNAN objected for the purposes of discussion and  invited Jessica Geary, Executive Director for the  Legislative Affairs Agency, to speak to the last-minute  budget request that was put forward by the Select Committee  on Legislative Ethics.    JESSICA GEARY, LAA Executive Director, stated that the  Select Committee on Legislative Ethics submitted a funding  request to address its current heavy workload. To provide  additional support, the Ethics Committee unanimously  approved a proposal via email to permanently increase the  sole administrative support position from 30 to 40 hours  per week, requiring an additional $20,000. Additionally, a  one-time request of $90,000 was proposed to hire a  temporary 30-hour-per-week employee to help clear the  backlog, bringing the total funding request to $110,000.    VICE CHAIR STEVENS called for a brief at ease.    5:40:33 PM  Council took a brief at ease.    5:41:24 PM  Council returned from a brief at ease.    5:41:27 PM  VICE CHAIR STEVENS moved that Legislative Council approve  the request by the Select Committee on Legislative Ethics  to add to their allocation the following: (1) an increment  in the amount of $20,000 to the legislative secretary  position to a 40-hour workweek, and (2) a one-time  increment in the amount to $90,000 to hire a non-permanent  employee for one year.    Without objection, the motion passed.    CHAIR HANNAN asked Ms. Geary to continue with the budget  narrative and explanation.    MS. GEARY presented the FY26 proposed budget and sectional  narrative, outlining appropriations and allocations for  Legislative Council. She explained that the budget request  includes two main appropriations: the Legislative Council  appropriation, which funds administrative functions,  special committees, and offices such as Ethics, Ombudsman,  and the Office of Victims' Rights; and the Legislative  Operating Budget appropriation, which includes those  functions directly related to operations of the  legislature, such as session expenses, House and Senate  operations, and legislator salaries and allowances. The  Legislative Budget and Audit Committee appropriation is not  included in the budget before Legislative Council and is  submitted separately to the Finance Committees; together,  these three appropriations make up the entire legislature's  budget.    She stated in preparing the budget, she met with Presiding  Officers, Rules Chairs, House and Senate Finance Committee  staff, and the Legislative Council Chair. Council is  responsible for authorizing the transmittal of the budget  request to the finance committees for action. She noted  that by voting yes, members agree to pass this budget to  Finance for any additional work or changes they may make.  Rather than reviewing the narrative in detail, she  highlighted key items and welcomed questions throughout.    Ms. Geary noted that statewide salary adjustments for FY26  include increases related to health insurance, the PERS  contribution rate, and a three percent cost-of-living  adjustment (COLA) for legislative and certain exempt and  partially exempt employees under Senate Bill (SB) 259.  These adjustments total $2,327,900, with $614,300 for  health insurance, $527,600 for the PERS rate increase, and  $1,186,000 for COLA. These increases, included in the  governor's budget, affect all allocations except State  Facilities Rent.    Ms. Geary outlined three allocation areas with increment  requests. In addition to the previously discussed Ethics  Committee request, Administrative Services allocation has a  $292,000 increment for two new positions and maintenance  costs associated with relocating the Capitol mailroom's  package screening to an offsite location, a move approved  by Legislative Council in December 2024. Additionally, the  State Facilities Rent budget includes a $42,100 increment  to support the offsite package screening location and a  $10,000 increase for existing leased office spaces. These  increments bring the total increase in the Legislative  Council budget to $441,100 for FY26, with the overall  budget increase, including salary adjustments, totaling  $2,772,000 from FY25 to FY26.    Ms. Geary also highlighted position adjustments made for  transparency and accuracy in budgeting. These adjustments,  which do not increase the overall budget, include  converting several permanent part-time positions to full- time in Administrative Services, Legal and Research  Services, and Technology and Information, as well as  deleting two temporary positions, and the addition of one  permanent full-time position in the Legislative Council  Chair allocation. She again confirmed that these  adjustments do not have associated increments and do not  increase the budget overall; they are housekeeping  transactions to update the position counts and to reflect  how the positions are being used.    Finally, there were permanent transfers from other  allocations to Security Services per Legislative Council's  direction in September 2024 to fund salary increases for  security officers and align budget authority for the  security contract at the Anchorage Legislative Office  Building.    She concluded by offering to answer any questions regarding  the budget request.    SENATOR KIEHL asked Ms. Geary to clarify how nine 11-month  positions in Legal and Research Services, along with  another nine in Administrative Services, were being  converted to 12-month positions without affecting the  budget.    MS. GEARY explained that while these positions were  officially listed as 11-month roles, they have routinely  been filled as 12-month positions due to workload demands.  The adjustment formalizes existing practice without adding  to the budget; instead, it increases the unfunded portion  accounted for under the vacancy adjustment.    CHAIR HANNAN removed her objection to the original motion  made by Vice Chair Stevens.    With no further objections, the FY26 Legislative Council  Proposed Budget was approved for transmittal to the House  and Senate Finance Committees for their review and action.    e. Committee Records Archiving Policy    5:48:54 PM  VICE CHAIR STEVENS moved that Legislative Council adopt the  Committee Records Archiving Policy as presented.    CHAIR HANNAN objected for the purposes of discussion. She  called on Senator Cathy Giessel and Emily Nauman, LAA Legal  Services Director, to explain the policy and answer  questions.    SENATOR GIESSEL explained that she proposed the archiving  policy to ensure committee records, most importantly public  comments, are properly archived to ensure transparency,  accountability, and historical record preservation. She  emphasized the importance of future access to public  testimony, allowing people to reference original statements  to understand legislative intent. Concerns had been raised  about the accuracy of archiving public testimony, and she  stressed that maintaining public trust requires both  listening to and accurately recording their input. The  policy would formalize this process, ensuring proper  documentation both immediately and in the Legislative  Reference Library archives. She noted that she consulted  Legal Services while drafting the policy and appreciated  their assistance in refining the language.    CHAIR HANNAN said that while many had presumed this was  already the policy, in practice, the process has been  inconsistent from committee to committee. She emphasized  that formally adopting it as a policy would ensure that a  good practice becomes a consistent requirement for all to  follow.    REPRESENTATIVE CARRICK expressed strong support for the  policy, emphasizing its importance in ensuring transparency  and consistency in handling committee documents. She noted  that, as both a former committee aide and now a legislator  with committee aides in her office, the handling of  committee documents had often been a political decision  rather than a procedural standard. She cited instances  where committee chairs selectively uploaded supporting  documents while omitting opposing ones, highlighting the  need for a uniform process. The policy, she continued,  seems to remove that discretion from committee chairs and  places the responsibility with committee aides, reinforcing  trust in their work and in the legislative process, which  builds and maintains public trust in the legislature.    SENATOR CLAMAN voiced his full support for adopting the  policy and noted a potential area for future refinement.  After reviewing an earlier draft, he observed that Uniform  Rule 23 does not explicitly reference public testimony. He  asked Ms. Nauman whether, after the policy has been in  place for some time, it might be practical to consider a  future amendment to Uniform Rule 23 to formally incorporate  a specific reference to public testimony.    MS. NAUMAN stated that the decision to amend the Uniform  Rules would be up to the legislature. While such an  amendment would likely carry more procedural authority than  the current policy, she emphasized that it remains a  legislative policy decision. In response to a follow-up by  Senator Claman, Ms. Nauman confirmed that Uniform Rule 23  refers to written testimony only and does not include  public testimony.      CHAIR HANNAN thanked Senator Claman for highlighting the  issue and expressed hope that institutional awareness would  help ensure it is addressed. She also noted that the  Uniform Rules have not been amended in several years.    SENATOR CLAMAN stated that he acknowledges this, and it is  one of the reasons he is not suggesting such a motion  today.    SENATOR GIESSEL explained that she opted to address the  issue through a policy rather than a Uniform Rule change  because it provided a more expeditious solution. She noted  that implementing a Rule change would be a more complex and  time-consuming process, whereas a policy allowed for a  quicker resolution.    CHAIR HANNAN confirmed that policies take effect  immediately, meaning that committee aides should begin  ensuring all public testimony is included right away. She  anticipated the policy would be adopted and opened the  floor for further questions.    REPRESENTATIVE PRAX asked for clarification on whether the  policy also required archiving recordings of oral testimony  in addition to written testimony.    CHAIR HANNAN deferred to legal counsel for interpretation,  seeking clarification from Ms. Nauman on whether the policy  explicitly covered verbal testimony for archiving.    MS. NAUMAN clarified that the policy applies to all public  comments and testimony submitted to the committee,  including those received through an electronic portal or  email. She explained that these records are to be included  in both the physical and electronic legislative record. She  further noted that committee recordings are archived  separately from those uploaded to BASIS, with the  responsibility for archiving resting with the Agency.    REPRESENTATIVE PRAX followed up confirming that the oral  testimony is archived somewhere.    MS. NAUMAN stated that was correct.    SENATOR KIEHL noted that Uniform Rule 23 already requires  committee meeting recordings and corresponding logs to be  sent to the Legislative Reference Library, ensuring that  both recordings and witness testimony are archived. He  acknowledged that testimony is not always submitted in  written form and agreed with Senator Claman that  incorporating public testimony into the Uniform Rules  should be considered in the future. He expressed his  support for the policy.    CHAIR HANNAN removed her objection.    With no further objections, the policy was adopted.    VII. ADJOURNMENT  There being no further business before the committee, the  Legislative Council meeting was adjourned at 5:57 p.m.    5:57:15 PM