2021-04-19                     House Journal                      Page 0653
Nays:  Carpenter, Claman, Cronk, Drummond, Edgmon, Fields,                                                                      
Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins,                                                                    
McCabe, McCarty, Merrick, Nelson, Ortiz, Patkotak, Prax,                                                                        
Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr,                                                               
Tilton, Wool, Zulkosky                                                                                                          
                                                                                                                                
Excused:  Kaufman, LeBon, Thompson, Tuck                                                                                        
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
    Insert "relating to the powers of the governor during a disaster                                                          
emergency; relating to the powers of municipalities; and"                                                                     
                                                                                                                                
Page 1, following line 2:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Section 1. AS 26.23.020(b) is amended to read:                                                                             
         (b)  Except as provided in (l) of this section, the [THE]                                                        
    governor may issue orders, proclamations, and regulations                                                                   
    necessary to carry out the purposes of this chapter, and amend or                                                           
    rescind them. These orders, proclamations, and regulations have                                                             
    the force of law.                                                                                                           
   * Sec. 2. AS 26.23.020 is amended by adding new subsections to                                                             
read:                                                                                                                           
         (l)  The governor may not issue an order, proclamation, or                                                             
    regulation that                                                                                                             
             (1)  requires an individual to stay at home or shelter in                                                          
    place;                                                                                                                      
             (2)  prohibits or restricts the operations of a business or a                                                      
    place of worship; or                                                                                                        
             (3)  declares a person or a business as essential or                                                               
    nonessential based on the trade or occupation of the person or                                                              
    business.                                                                                                                   
         (m)  In this section, "business" has the meaning given in                                                              
    AS 18.35.399.                                                                                                               
   * Sec. 3. AS 26.23.140 is amended by adding new subsections to                                                             
read:                                                                                                                           
         (d)  Notwithstanding a local disaster emergency declared                                                               
    under (a) of this section, a municipality may not issue an order,