Legislature(2021 - 2022)

2021-03-25 House Journal

Full Journal pdf

2021-03-25                     House Journal                      Page 0434
HB 76                                                                                                                         
CSHB 76(FIN) was before the House in second reading.                                                                            
                                                                                                                                
Amendment No. 3 was offered  by Representatives Kurka and                                                                        
Eastman:                                                                                                                        

2021-03-25                     House Journal                      Page 0435
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to civil rights;"                                                                                       
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 18.80.210 is amended to read:                                                                                  
         Sec. 18.80.210. Civil rights. The opportunity to obtain                                                              
     employment, credit and financing, public accommodations,                                                                   
     housing accommodations, and other property without                                                                         
     discrimination because of sex, physical or mental disability,                                                              
     marital status, changes in marital status, pregnancy, parenthood,                                                          
     race, religion, color, [OR] national origin, or COVID-19                                                               
     vaccination status is a civil right. In this section, "COVID-19"                                                   
     means the novel coronavirus disease caused by the severe                                                               
         acute respiratory syndrome coronavirus 2 (SARS-CoV-2)."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0436
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Patkotak, Prax, Rasmussen, Rauscher,                                                                    
Shaw, Thompson, Tilton, Vance                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Nelson, Ortiz,                                                                     
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
Ad so, Amendment No. 3 was not adopted.                                                                                         
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to a declaration of a disaster emergency;"                                                              
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 26.23.020(c) is amended to read:                                                                               
         (c)  If the governor finds that a disaster has occurred or that a                                                      
     disaster is imminent or threatened, the governor shall, by                                                                 
     proclamation, declare a condition of disaster emergency. The                                                               
     disaster emergency remains in effect until the governor or the                                                         
     legislature finds that the danger has passed or the disaster has                                                       
     been dealt with so that the emergency no longer exists. The                                                                
     governor may terminate the disaster emergency by proclamation                                                              
     or the legislature may terminate the disaster emergency by a                                                           
     majority vote of the members in joint session or by a                                                                  
     concurrent resolution. A proclamation of disaster emergency                                                            
     may not remain in effect longer than 30 days unless extended by a                                                      
     majority of the members of the legislature in joint session or by                                                  
     a concurrent resolution. The proclamation must indicate the nature                                                         
     of the disaster, the area threatened or affected, and the conditions                                                       
     that have brought it about or that make possible the termination of                                                        
     the disaster emergency. A proclamation to declare a condition of                                                           
     disaster emergency must also state whether the governor proposes                                                           
     to expend state funds to respond to the disaster under (i) or (j) of                                                       
     this section. Unless authorized by a majority of the members of                                                        
     the legislature in joint session or by concurrent resolution, the                                                      

2021-03-25                     House Journal                      Page 0437
        governor may not declare a condition of disaster emergency                                                         
              (1)  while a declared condition of disaster emergency                                                         
     remains in effect; and                                                                                                 
              (2)  related to a condition of disaster emergency                                                             
     previously declared by that governor."                                                                                 
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Spohnholz objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  21   EXCUSED:  1   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw,                                                                           
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Drummond, Edgmon, Fields, Foster, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Rasmussen,                                                                 
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
Absent:  Claman                                                                                                                 
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                

2021-03-25                     House Journal                      Page 0438
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to COVID-19 vaccine inquiries;"                                                                         
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 18.09 is amended by adding a new section to read:                                                              
   Article 2A. COVID-19 Immunization Rights.                                                                                  
         Sec. 18.09.250. Vaccination inquiries and lists. An                                                                  
     employee of the state or an employee of a political subdivision of                                                         
     the state may not ask an individual whether that individual has                                                            
     been vaccinated against COVID-19. A state agency or a political                                                            
     subdivision of the state may not create, maintain, or possess a list                                                       
     of individuals who have or have not been vaccinated against                                                                
     COVID-19. In this section, "COVID-19" means the novel                                                                      
     coronavirus disease caused by the severe acute respiratory                                                                 
     syndrome coronavirus 2 (SARS-CoV-2)."                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Patkotak objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                

2021-03-25                     House Journal                      Page 0439
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw,                                                                           
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was not offered.                                                                                                
                                                                                                                                
Amendment No. 7 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to the civil liability of employers;"                                                                   
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 14. AS 09.65 is amended by adding a new section to read:                                                              
         Sec. 09.65.355. Liability of employers who encourage                                                                 
     health-related actions. Notwithstanding AS 09.50.250 and AS                                                              
     09.65.070, an employer who incentivizes, induces, or encourages                                                            
     an employee to receive a medical intervention, or penalizes an                                                             
     employee for not receiving a medical intervention, is civilly liable                                                       
     for any damages incurred by the employee as the result of an                                                               
     adverse reaction to the medical intervention. In this section,                                                             
     "medical intervention" includes a treatment, procedure,                                                                    
     vaccination, countermeasure, or other action taken to prevent or                                                           
     treat disease or improve health.                                                                                           
   * Sec. 15. AS 23.30.055 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (b)  Notwithstanding (a) of this section or AS 23.30.045, this                                                         
      chapter does not apply to a claim arising under AS 09.65.355."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0440
Page 12, line 13:                                                                                                               
     Delete "14"                                                                                                                
     Insert "16"                                                                                                                
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 16 - 20 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Prax, Rauscher, Shaw, Thompson, Tilton,                                                                 
Vance                                                                                                                           
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Nelson, Ortiz,                                                                     
Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                           
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 8 (title amendment):                                                                                               
     Delete "and school operating funds;"                                                                                     
     Insert "school operating funds; and exposure of a natural                                                              
person to COVID-19;"                                                                                                          
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0441
Page 11, following line 1:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 13. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     LIABILITY FOR EXPOSURE TO COVID-19. (a)                                                                                    
Notwithstanding another provision of law to the contrary and subject                                                            
to (b) of this section and AS 23.30, a natural person, a corporation, a                                                         
nonprofit corporation, a partnership, a limited liability company, an                                                           
association, a joint venture, a trust, an estate, a municipal school                                                            
district, a regional educational attendance area, a church or religious                                                         
organization, a municipality, a college, university, or other institution                                                       
of higher education, the Alaska Railroad, a public corporation or                                                               
authority, and the executive, legislative, and judicial branches of state                                                       
government are immune from civil liability for sickness, death,                                                                 
economic loss, and other damages resulting from exposure of a natural                                                           
person to COVID-19.                                                                                                             
     (b)  The immunity provided under (a) of this section does not                                                              
apply to exposure to COVID-19 resulting from gross negligence,                                                                  
recklessness, or intentional misconduct.                                                                                        
     (c)  The immunity provided under (a) of this section is in addition                                                        
to any other immunity from liability provided under state or federal                                                            
law."                                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, lines 13 - 14:                                                                                                         
     Delete all material and insert:                                                                                            
     "APPLICABILITY. (a) Section 13 of this Act applies to novel                                                                
coronavirus disease (COVID-19) exposure occurring on or after the                                                               
effective date of sec. 13 of this Act.                                                                                          
     (b) Sections 14 and 15 of this Act apply to novel coronavirus                                                              
disease (COVID-19) exposure occurring on or after February 15,                                                                  
2021.                                                                                                                           
     (c)  Nothing in sec. 13 of this Act modifies the application of AS                                                         
23.30."                                                                                                                         
                                                                                                                                
Page 12, following line 20:                                                                                                     
     Insert a new subsection to read:                                                                                           
     "(c)  Section 13 of this Act is repealed August 31, 2025."                                                                 
                                                                                                                                

2021-03-25                     House Journal                      Page 0442
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 12, and 14 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher,                                                                      
Shaw, Thompson, Tilton, Vance                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 8 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 10, following "vaccines;"(title amendment):                                                                      
     Insert "relating to COVID-19 immunization rights;"                                                                       
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 18.09 is amended by adding new sections to read:                                                               
   Article 2A. COVID-19 Immunization Rights.                                                                                  
         Sec. 18.09.270. Access to areas and services. A business,                                                            
     state agency, or political subdivision of the state may not require                                                        
     an individual to be vaccinated against COVID-19 for the                                                                    

2021-03-25                     House Journal                      Page 0443
     individual to access an area or service that is open to the public. In                                                     
     this subsection, "business" has the meaning given in                                                                       
     AS 18.35.399.                                                                                                              
         Sec. 18.09.280. Exercise of rights and access to benefits. A                                                         
     state agency or political subdivision of the state may not adopt or                                                        
     issue a regulation, ordinance, order, or similar policy that requires                                                      
     an individual to be vaccinated against COVID-19 for the                                                                    
     individual to exercise a right or receive a benefit that is available                                                      
     to the public.                                                                                                             
         Sec. 18.09.290. Definition. In AS 18.09.270 – 18.09.290,                                                             
     "COVID-19" means the novel coronavirus disease caused by the                                                               
     severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Fields objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Patkotak, Prax, Rasmussen,                                                                      
Rauscher, Shaw, Thompson, Tilton, Vance                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0444
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage,                                                                    
Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky                                                                    
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 10 was offered  by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 11, following "COVID-19;"(title amendment):                                                                      
     Insert "relating to the civil liability of common carriers and                                                           
transportation network companies;"                                                                                            
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 09.65 is amended by adding a new section to read:                                                              
         Sec. 09.65.360. Liability of common carriers and                                                                     
     transportation network companies. (a) Notwithstanding                                                                    
     AS 09.50.250 and AS 09.65.070, a common carrier or                                                                         
     transportation network company that requires its passengers, as a                                                          
     condition of transport, to receive a medical intervention is civilly                                                       
     liable for any damages incurred by the passenger that are the result                                                       
     of an adverse reaction to the medical intervention.                                                                        
         (b)  A common carrier or transportation network company is                                                             
     not liable for civil damages under (a) of this section that a                                                              
     passenger incurs from an adverse reaction to a medical                                                                     
     intervention required by the common carrier or transportation                                                              
     network company as a condition of transport if the person                                                                  
     knowingly received a medical intervention to which the person is                                                           
     allergic.                                                                                                                  
         (c)  In this section,                                                                                                  
              (1)  "common carrier" has the meaning given in                                                                    
     AS 04.16.125(c);                                                                                                           
              (2)  "knowingly" has the meaning given in AS 09.58.100;                                                           
              (3)  "medical intervention" includes a treatment,                                                                 
     procedure, vaccination, countermeasure, or other action taken to                                                           
     prevent or treat disease, or improve health;                                                                               
              (4)  "transportation network company" has the meaning                                                             
     given in AS 28.23.180."                                                                                                    
                                                                                                                                

2021-03-25                     House Journal                      Page 0445
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "14"                                                                                                                
     Insert "15"                                                                                                                
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 10 be adopted.                                                                                                    
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 10 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 10                                                                                                                
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe,                                                                
McCarty, McKay, Patkotak, Prax, Rasmussen, Rauscher, Shaw,                                                                      
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Nelson, Ortiz,                                                              
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 10 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 11 was offered  by Representatives Johnson, Eastman,                                                               
and Rauscher:                                                                                                                   
                                                                                                                                
Page 12, following line 1:                                                                                                      
  Insert a new bill section to read:                                                                                            
 "* Sec 15. The uncodified law of the State of Alaska is amended                                                              

2021-03-25                     House Journal                      Page 0446
by adding a new section to read:                                                                                                
 No money received under the CARES, CRSSA or American                                                                           
Rescue Plan Act may be expended for an abortion that is not                                                                     
mandatory under AS 47.07.030(a). Money may only be expended                                                                     
under this chapter for mandatory services required under Title XIX of                                                           
the Social Security Act and for optional services offered by the state                                                          
plan for medical assistance that has been approved by the United                                                                
States Department of Health and Human Services."                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
Amendment No. 11 be adopted.                                                                                                    
                                                                                                                                
Representative Spohnholz objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 11 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax,                                                                        
Rasmussen, Rauscher, Shaw, Thompson, Tilton, Tuck, Vance                                                                        
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Ortiz, Schrage, Snyder,                                                                     
Spohnholz, Story, Stutes, Tarr, Wool, Zulkosky                                                                                  
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 11 was adopted.                                                                                           
                                                                                                                                
Amendment No. 12 was offered  by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 11, following "COVID-19;":                                                                                       
     Insert "relating to martial law;"                                                                                        
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0447
Page 3, following line 23:                                                                                                      
     Insert a new subsection to read:                                                                                           
     "(c)  The legislature does not find that proclaiming martial law is                                                        
in the best interest of the state. Nothing in this Act shall be construed                                                       
to authorize the proclamation of martial law."                                                                                  
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 14. AS 26.05.090 is amended to read:                                                                                  
         Sec. 26.05.090. Proclamations of martial law. The governor                                                           
     may proclaim martial law when the public safety requires it in                                                             
     case of rebellion or actual or imminent invasion, and may order all                                                        
     or any part of the organized militia into active state service to                                                          
     enforce the proclamation. The militia shall assume only those                                                              
     functions of civil government specified by the governor, or those                                                          
     that, in the discretion of the militia commander, must be assumed                                                          
     in order to accomplish a specific mission assigned by the                                                                  
     governor. Martial law may not continue for longer than 20 days                                                             
     without the approval of a majority of the members of the                                                                   
     legislature in joint session. In this section, "martial law" means                                                     
     the suspension of a civil law or a civil lawmaking process, but                                                        
     does not include the suspension of a law under                                                                         
     AS 26.23.020(g)(1).                                                                                                    
   * Sec. 15. AS 26.23.200 is amended to read:                                                                                
         Sec. 26.23.200. Limitations. Nothing in AS 26.23.010 -                                                               
     26.23.220                                                                                                                  
              (1)  interferes with or allows interference with the course                                                       
     or conduct of a labor dispute, except that actions otherwise                                                               
     authorized by AS 26.23.010 - 26.23.220 or other laws may be                                                                
     taken when necessary to forestall or mitigate imminent or existing                                                         
     danger to public health or safety;                                                                                         
              (2)  interferes with or allows interference with                                                                  
     dissemination of news or comment on public affairs; but any                                                                
     communications facility or organization, including but not limited                                                         
     to radio and television stations, wire services, and newspapers,                                                           
     may be requested to transmit or print public service messages                                                              
     furnishing information or instructions in connection with a                                                                
     disaster emergency, in a manner that encroaches as little as                                                               
        possible on [UPON] the normal functions of the news media;                                                         
              (3)  affects the jurisdiction or responsibilities of police                                                       

2021-03-25                     House Journal                      Page 0448
     forces, firefighting forces, units of the armed forces of the United                                                       
     States, or of any personnel of them, when on active duty; but state,                                                       
     local, and interjurisdictional disaster emergency plans shall place                                                        
     reliance on [UPON] the forces available for performance of                                                             
     functions related to disaster emergencies;                                                                                 
              (4)  limits, modifies, or abridges the authority of the                                                           
     governor to proclaim martial law, or exercise any other powers                                                             
     vested in the governor under the constitution, statutes, or common                                                         
     law of this state independent of, or in conjunction with, any                                                              
     provision of AS 26.23.010 - 26.23.220; in this paragraph,                                                              
         "martial law" has the meaning given in AS 26.05.090; or                                                           
              (5)  authorizes the confiscation of a firearm lawfully                                                            
     owned, possessed, or carried by a law-abiding citizen."                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 16"                                                                                                         
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 12 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 12                                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher,                                                                      
Shaw, Thompson, Tilton, Vance                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                

2021-03-25                     House Journal                      Page 0449
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 12 was not adopted.                                                                                       
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSHB
76(FIN) am be considered engrossed, advanced to third reading, and                                                              
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 76(FIN) am will advance to third reading on tomorrow's                                                                     
calendar.