HB 312: "An Act relating to tolling deadlines for actions by state agencies; relating to income determinations for purposes of determining eligibility for certain public assistance programs; relating to forbearance from action against borrowers who owe money on state loans; relating to a temporary moratorium on certain mortgage foreclosures, certain evictions from rental properties, and disconnection of residential utilities; and providing for an effective date."
00 HOUSE BILL NO. 312 01 "An Act relating to tolling deadlines for actions by state agencies; relating to income 02 determinations for purposes of determining eligibility for certain public assistance 03 programs; relating to forbearance from action against borrowers who owe money on 04 state loans; relating to a temporary moratorium on certain mortgage foreclosures, 05 certain evictions from rental properties, and disconnection of residential utilities; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 MITIGATION OF ECONOMIC HARM DURING NOVEL CORONAVIRUS 11 DISEASE OUTBREAK: FINDINGS AND INTENT. (a) The legislature finds 12 (1) the state has issued numerous health mandates to prevent or slow the 13 spread of novel coronavirus disease (COVID-19) based on authority granted under the
01 declaration of a public health disaster emergency issued by the governor on March 11, 2020; 02 (2) the health mandates have closed businesses, schools, and public facilities, 03 limited travel, prohibited elective medical and dental procedures, and limited in-person social 04 and business gatherings; 05 (3) although the health mandates are a necessary public health precaution, the 06 health mandates have had negative economic consequences on individuals, businesses, and 07 communities in the state, and it is important that the state take a leadership role in mitigating 08 those consequences. 09 (b) The legislature intends to address the negative economic consequences of the 10 health mandates on individuals, businesses, and communities in the state by 11 (1) providing economic relief as quickly as possible; 12 (2) deploying the state's limited resources according to the best use of those 13 resources; 14 (3) targeting state funding to needs that are actual and demonstrated; 15 (4) directing state funding to individuals, businesses, and communities 16 experiencing the greatest impact from the mandates; 17 (5) responding quickly by using existing state programs; 18 (6) augmenting and maximizing state participation in federal programs and 19 ensuring that economic relief provided by the state does not interfere with the state's ability to 20 receive federal money; 21 (7) improving the potential for the state to receive federal reimbursement; and 22 (8) ensuring state agencies and programs that may receive federal money have 23 adequate federal receipt authority. 24 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TOLLING DEADLINES FOR ACTION BY STATE AGENCIES DURING NOVEL 27 CORONAVIRUS DISEASE OUTBREAK. Notwithstanding a contrary provision of state law 28 and to the extent consistent with federal law, for the duration of the state emergency and for 29 30 days thereafter, statutory and regulatory deadlines for action or decision by a state agency 30 are tolled and failure by a state agency to act on a filing or issue a decision does not constitute 31 approval or denial by the state agency. In this section, "state agency" means a department,
01 office, agency, board, commission, or other organizational unit of the executive branch of the 02 state; "state agency" does not include an agency in the judicial or legislative branch. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 INCOME DETERMINATIONS FOR PUBLIC ASSISTANCE DURING NOVEL 06 CORONAVIRUS DISEASE OUTBREAK. (a) Notwithstanding AS 43.23.240(b), and to the 07 extent consistent with federal law, for the duration of the state emergency and for 30 days 08 thereafter, when determining the eligibility of an individual for medical assistance under 42 09 U.S.C. 1396 - 1396p (Social Security Act, Title XIX), the individual is entitled to receive the 10 same level of medical assistance as the individual would have received under 42 U.S.C. 1396 11 - 1396p (Social Security Act, Title XIX) had there been no Alaska permanent fund dividend 12 program and no money paid to the individual by another state or federal program because of 13 the outbreak of novel coronavirus disease (COVID-19). 14 (b) Notwithstanding AS 43.23.240(c) and the limit in AS 47.25.130, and to the extent 15 consistent with federal law, for the duration of the state emergency and for 30 days thereafter, 16 when determining the eligibility of an individual for financial assistance under AS 47.25.120 - 17 47.25.300 (general relief assistance program), the individual is entitled to receive the same 18 amount as the individual would have received under other public assistance programs had 19 there been no Alaska permanent fund dividend program and no money paid to the individual 20 by another state or federal program because of the outbreak of novel coronavirus disease 21 (COVID-19). 22 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 FORBEARANCE OF STATE LOANS DURING NOVEL CORONAVIRUS 25 DISEASE OUTBREAK. (a) Notwithstanding any provision of state law and to the extent 26 consistent with federal law, for the duration of the state emergency and for 30 days thereafter, 27 the state, as a lender or the administrator of a loan, may not find a borrower in default, ask a 28 court or an arbitrator to find a borrower in default, or seize or otherwise obtain collateral that 29 is in the possession or control of the borrower. 30 (b) In this section, "state" means the State of Alaska and agencies or programs that 31 lend, or enter into agreement to lend, money for or on behalf of the State of Alaska.
01 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 MORATORIUM ON DISCONNECTION OF RESIDENTIAL UTILITY SERVICE 04 DURING NOVEL CORONAVIRUS DISEASE OUTBREAK. For the duration of the state 05 emergency and for 30 days thereafter, a public utility as defined in AS 42.05.990 may not 06 disconnect residential utility service for nonpayment. A public utility shall make reasonable 07 efforts to reconnect utility service to an occupied dwelling the utility disconnected for 08 nonpayment on or after March 11, 2020. 09 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 MORATORIUM ON EVICTION FOR NONPAYMENT OF RENT DURING 12 NOVEL CORONAVIRUS DISEASE OUTBREAK. (a) Notwithstanding a contrary provision 13 of AS 34.03 or another law, for the duration of the state emergency and for 30 days thereafter, 14 a landlord may not evict a person experiencing financial hardship from a property for 15 nonpayment of rent. 16 (b) A person seeking protection under (a) of this section shall, during the time period 17 under (a) of this section, certify to the landlord, in a sworn statement made under penalty of 18 perjury under AS 09.63.020, that the person is experiencing financial hardship. 19 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 MORATORIUM ON FORECLOSURE DURING NOVEL CORONAVIRUS 22 DISEASE OUTBREAK. (a) Notwithstanding a contrary provision of AS 09.45, AS 34.35, or 23 another provision of law, for the duration of the state emergency and for 30 days thereafter, a 24 person may not foreclose on the property of a person experiencing financial hardship. 25 (b) A person seeking protection under (a) of this section shall, during the time period 26 under (a) of this section, certify to the financial institution seeking foreclosure, in a sworn 27 statement made under penalty of perjury under AS 09.63.020, that the person is experiencing 28 financial hardship. 29 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DEFINITION: TEMPORARY LAW DURING NOVEL CORONAVIRUS DISEASE
01 OUTBREAK. In secs. 1 - 7 of this Act, "state emergency" means the period prescribed by the 02 declaration of a public health disaster emergency issued by the governor on March 11, 2020, 03 and an extension of that declaration by the Alaska State Legislature. 04 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. (a) The commissioner of health and social services 07 may adopt regulations necessary to implement sec. 3 of this Act. 08 (b) The commissioner of administration or the commissioner's designee may adopt 09 regulations necessary to implement sec. 4 of this Act. 10 (c) The regulations adopted under this section are not subject to AS 44.62 11 (Administrative Procedure Act). 12 * Sec. 10. Sections 1 - 8 of this Act are repealed June 30, 2020. 13 * Sec. 11. Regulations adopted under sec. 9 of this Act are annulled June 30, 2020. 14 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 RETROACTIVITY. Sections 2 - 9 of this Act are retroactive to March 11, 2020. 17 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).