Legislature(2021 - 2022)
2021-03-25 House Journal
Full Journal pdf2021-03-25 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.