Legislature(2021 - 2022)
2021-03-25 House Journal
Full Journal pdf2021-03-25 House Journal Page 0426 HB 76 The following was read the second time: HOUSE BILL NO. 76 "An Act extending the January 15, 2021, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; providing for a financing plan; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: occupational and professional licensing, practice, and billing; telehealth; fingerprinting requirements for health care providers; charitable gaming and online ticket sales; access to federal stabilization funds; wills; unfair or deceptive trade practices; and meetings of shareholders; and providing for an effective date." with the: Journal Page HSS RPT CS(HSS) NEW TITLE 4DP 2DNP 1NR 299 FN1: ZERO(CED) 299 FN2: ZERO(DHS) 299 FN3: ZERO(DPS) 299 FN4: INDETERMINATE(MVA) 299 FN5: INDETERMINATE(REV) 299 FIN RPT CS(FIN) NEW TITLE 5DP 3DNP 3NR 410 FN1: ZERO(CED) 410 FN2: ZERO(DHS) 410 FN3: ZERO(DPS) 410 FN4: INDETERMINATE(MVA) 410 FN5: INDETERMINATE(REV) 410 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2021-03-25 House Journal Page 0427 CS FOR HOUSE BILL NO. 76(FIN) "An Act extending the January 15, 2021, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; approving and ratifying declarations of a public health disaster emergency; providing for a financing plan; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: occupational and professional licensing, practice, and billing; telehealth; fingerprinting requirements for health care providers; charitable gaming and online ticket sales; access to federal stabilization funds; wills; unfair or deceptive trade practices; meetings of shareholders; and school operating funds; relating to informed consent for COVID-19 vaccines; relating to personal objections to the administration of COVID-19 vaccines; providing immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19; providing immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Thompson: Page 1, line 1, through page 2, line 1 (title amendment): Delete all material and insert: ""An Act relating to the state's response to and recovery from the novel coronavirus disease (COVID-19) pandemic; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: powers delegated to the Department of Health and Social Services; powers delegated to the Department of Military and Veterans' Affairs; occupational and professional licensing, practice, and billing; telehealth; fingerprinting requirements for health care providers; charitable gaming and online ticket sales; access to federal stabilization funds; wills; unfair or deceptive trade practices; and meetings of shareholders; relating to informed consent for COVID-19 vaccines; relating to personal objections to the administration of COVID-19 vaccines; providing immunity from liability and disciplinary action for occupational licensees for exposure of 2021-03-25 House Journal Page 0428 clients to COVID-19; providing immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19; relating to civil and criminal liability; and providing for an effective date."" Page 2, line 3, through page 5, line 25: Delete all material and insert: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT: COVID-19 PANDEMIC RESPONSE. It is the intent of the legislature that (1) certain limited authority be granted to the Department of Health and Social Services, the Department of Military and Veterans' Affairs, and the Department of Commerce, Community, and Economic Development to implement the state's response to the ongoing pandemic related to the novel coronavirus disease (COVID- 19); and (2) the governor is authorized to communicate to federal agencies that the authorities granted by this Act are in response to the ongoing pandemic and statewide public health emergency posed by COVID-19 and tied to the federal public health emergency and major disaster declarations. * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: POWERS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES. Notwithstanding any other provision of law, the Department of Health and Social Services may (1) coordinate, allocate, distribute, and manage the state's vaccination and therapeutic response to the novel coronavirus disease (COVID-19) pandemic; and (2) continue cooperating with the federal government on (A) emergency allotments under the Supplemental Nutritional Assistance Program; (B) blanket waivers enacted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; (C) waivers under section 1135 of the Social Security Act; and (D) waivers under section 1915(c) of the Social Security Act, including Appendix K. * Sec. 3. The uncodified law of the State of Alaska is amended by 2021-03-25 House Journal Page 0429 adding a new section to read: POWERS OF THE DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS. (a) The Department of Military and Veterans' Affairs may (1) support and assist the Department of Health and Social Services in implementing the provisions of sec. 2 of this Act; (2) receive delegations of authority from the governor allowing activation of the Alaska organized militia under AS 26.05.070 to respond to, and aid in the recovery from, the novel coronavirus disease (COVID-19) pandemic; and (3) coordinate with the Federal Emergency Management Agency to maintain or increase funding for non-congregate shelters providing temporary quarantine and isolation for the following: (A) a first responder or health care worker who must quarantine to prevent exposure to family members; (B) members of a homeless family residing in a congregate shelter if at least one member of the family tested positive for COVID-19 and requires isolation; (C) a homeless individual who has tested positive for COVID-19 or who has been exposed to COVID-19 and requires isolation while awaiting test results; (D) a homeless shelter occupant; (E) an individual living with a certain underlying medical condition identified by the Centers for Disease Control and Prevention, United States Department of Health and Human Services, that places the individual at increased risk of severe illness from COVID-19, including cancer, chronic kidney disease, chronic obstructive pulmonary disease, Down syndrome, heart conditions, an immunocompromised state resulting from solid organ transplant, obesity, severe obesity, pregnancy, sickle cell disease, smoking, and type 2 diabetes mellitus. (b) In this section, "non-congregate shelter" includes hotels, college and university dormitories, and properly modified nontraditional structures." Page 6, lines 5 - 6: Delete ", or 60 days after the date the governor determines, under sec. 2 of this Act, that the public health disaster emergency no longer exists, whichever is earlier" 2021-03-25 House Journal Page 0430 Page 6, lines 10 - 12: Delete "during the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on January 15, 2021, as extended by sec. 2 of this Act," Page 6, line 18: Delete "public health disaster emergency" Insert "novel coronavirus disease (COVID-19) pandemic" Page 6, line 19: Delete "the earlier of" Insert "September 30, 2021." Page 6, lines 20 - 22: Delete all material. Page 6, line 24: Delete "public health disaster emergency" Insert "novel coronavirus disease (COVID-19) pandemic" Page 7, lines 16 - 18: Delete "during the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor under AS 26.23.020 on January 15, 2021, as extended by sec. 2 of this Act," Page 8, lines 8 - 9: Delete "COVID-19 public health disaster emergency" Insert "novel coronavirus disease (COVID-19) pandemic" Page 8, lines 16 - 18: Delete "For the duration of the novel coronavirus disease (COVID-19) public health disaster emergency declaration issued by the governor on January 15, 2021, as extended by sec. 2 of this Act, the" Insert "The" Page 9, lines 18 - 20: Delete "for the duration of the novel coronavirus disease (COVID- 19) public health disaster emergency declared by the governor under AS 26.23.020 on January 15, 2021, as extended by sec. 2 of this Act," 2021-03-25 House Journal Page 0431 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: CIVIL AND CRIMINAL LIABILITY. (a) A state agency, or an employee or agent of the state acting in an official capacity for the state, is immune from civil and criminal liability for acts performed in good faith based on the authority granted by this Act. (b) A person is immune from civil and criminal liability for acts performed in good faith at the request of a government agency acting on the authority granted by this Act. This immunity does not apply to an act or omission that constitutes gross negligence, reckless misconduct, or intentional misconduct." Renumber the following bill sections accordingly. Page 12, lines 15 - 19: Delete all material and insert: "* Sec. 19. (a) Sections 1 - 3, 5 - 11, and 13 of this Act are repealed September 30, 2021." Page 12, line 23: Delete "(a) Except as provided in (b) of this section, this" Insert "This" Page 12, line 25: Delete all material. Representative Thompson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Edgmon objected. Representative Carpenter rose to a point of order regarding the relevance of the debate. The Speaker cautioned members to refrain from referencing the Governor but allowed reference to his letter. 2021-03-25 House Journal Page 0432 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 76(FIN) Second Reading Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Carpenter, 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 And so, Amendment No. 1 was not adopted. The Speaker stated that amendments to CSHB 76(FIN) are due to the Chief Clerk's office by 1:00 p.m., today. Amendment No. 2 was offered by Representatives Kurka and Eastman: Page 1, line 10, following "vaccines;" (title amendment): Insert "relating to the powers of the governor during a disaster emergency; relating to the powers of municipalities;" Page 11, following line 17: Insert new bill sections to read: "* Sec. 14. 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. 15. AS 26.23.020 is amended by adding new subsections to read: (l) The governor may not issue an order, proclamation, or regulation that 2021-03-25 House Journal Page 0433 (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. 16. 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, 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. (e) In this section, "business" has the meaning given in AS 18.35.399." Renumber the following bill sections accordingly. Page 12, line 13: Delete "14" Insert "17" 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 17 - 21 of this Act are" Representative Kurka moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Josephson objected. 2021-03-25 House Journal Page 0434 Representative Tuck moved and asked unanimous consent that Representative Carpenter be excused from a call of the House today. There being no objection, it was so ordered. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 76(FIN) Second Reading Amendment No. 2 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 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. 2 was not adopted. The Speaker stated that, without objection, the House would recess to 1:15 p.m.; and so, the House recessed at 12:11 p.m.