Legislature(2021 - 2022)
2021-04-28 Senate Journal
Full Journal pdf2021-04-28 Senate Journal Page 0847 HB 76 SENATE CS FOR 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: emergency powers of the governor; emergency powers of the commissioner of health and social services; occupational and professional licensing, practice, and billing; 2021-04-28 Senate Journal Page 0848 telehealth; charitable gaming and online ticket sales; access to federal stabilization funds; wills; unfair or deceptive trade practices; school operating funds; workers' compensation; program execution; civil liability; immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19; immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19; and abortion funding; and providing for an effective date" was read the third time. Senator Hughes moved the bill be returned to second reading for all amendments offered today. Without objection, the bill was returned to second reading. Senator Hughes offered Amendment No. 1 : Page 10, following line 24: Insert a new subsection to read: "(c) The Department of Education and Early Development shall prepare an annual report detailing the amount of the unreserved portion of the year-end operating fund balance of each school district forecasted to carry over from the current fiscal year to the next fiscal year. Not later than February 15 of each year, the department shall submit the report required under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available." Senator Hughes moved for the adoption of Amendment No. 1. Senator Reinbold objected, then withdrew her objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was not offered Senator Hughes offered Amendment No. 3 : Page 9, lines 12 - 13: Delete "and may not be more than five percent above the ordinary fees typically charged for that service" Senator Hughes moved for the adoption of Amendment No. 3. Senator Reinbold objected, then withdrew her objection. Senator Kawasaki objected. 2021-04-28 Senate Journal Page 0849 Senator Kawasaki moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Kawasaki was required to vote. Senator Begich moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 3: Page 1, line 2 of the amendment: Delete "Delete" Insert "Amend" Delete "five percent above" Without objection, Amendment No. 3 was amended. Senator Kawasaki removed his objection to the adoption of Amendment No. 3. There being no further objection, Amendment No. 3 as amended was adopted. Senator Hughes offered Amendment No. 4 : Page 10, line 18, following "AS 14.17.505(a)": Insert "and except as provided in (c) of this section" Page 10, line 22, following "AS 14.17.505(b)": Insert "and except as provided in (c) of this section" Page 10, following line 24: Insert a new subsection to read: "(c) This section does not apply to a school district that permits a student who identifies as a sex other than the student's biological sex to participate in a school-sponsored athletic team or sport for which the student competes against persons of the opposite biological sex, other than a coeducational team or sport. In this section, "biological sex" means a person's sex as determined at or before birth in accordance with the person's genetic and reproductive biology." Page 15, line 2: Delete "Except as provided in (b) of this section, this Act is" Insert "Sections 1, 2(b) - (d), 3 - 9, 10(a) and (b), and 12 - 20 of this Act are" 2021-04-28 Senate Journal Page 0850 Senator Hughes moved for the adoption of Amendment No. 4. Senator Kawasaki objected. Senator Hughes moved and asked unanimous consent to withdraw Amendment No. 4. Without objection, Amendment No. 4 was withdrawn. Senator Begich rose to a point of order regarding germaneness and setting precedents. Senator Wielechowski offered Amendment No. 5 : Page 1, line 6: Delete "emergency powers of the commissioner of health and social services;" Page 4, line 23, through page 5, line 26: Delete all material. Renumber the following bill sections accordingly. Page 14, line 22: Delete "Sections 14 and 15" Insert "Sections 13 and 14" Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 1 - 4, 6 - 8, 10, and 12" Page 14, line 29: Delete "Sections 4, 14, and 15" Insert "Sections 13 and 14" Page 14, line 30: Delete "Section 10" Insert "Section 9" Page 15, line 4: Delete "Sections 2(a) and 11" Insert "Sections 2(a) and 10" 2021-04-28 Senate Journal Page 0851 Senator Wielechowski moved for the adoption of Amendment No. 5. Objections were heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 5? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Gray-Jackson, Kawasaki, Kiehl, Olson, Reinbold, Wielechowski Nays: Bishop, Costello, Hoffman, Holland, Hughes, Micciche, Myers, Revak, Shower, Stedman, Stevens, von Imhof, Wilson and so, Amendment No. 5 failed. Senator Wielechowski offered Amendment No. 6 : Page 5, lines 16 - 19: Delete all material and insert: "(d) Notwithstanding AS 36.30.310, during a public health emergency declared under this section, when there exists a threat to public health, welfare, or safety, when a situation exists that makes a procurement by competitive sealed bidding or competitive sealed proposals impracticable or contrary to the public interest, or to protect public or private property, the commissioner of health and social services may authorize the use of an emergency procurement for a procurement related to the public health emergency. A written determination by the commissioner of health and social services of the basis for the emergency and for the selection of the particular contractor must be included in the contract file. The written determination must include findings of fact that support the determination. Except when there is insufficient time for the commissioner of health and social services to make the written determination required by this section, the commissioner of health and social services may not delegate the authority to make the determination." 2021-04-28 Senate Journal Page 0852 Reletter the following subsection accordingly. Senator Wielechowski moved for the adoption of Amendment No. 6. Objections were heard. Senator Micciche stated Amendment No. 6 would be moved to the bottom of amendments considered today. There being no objection, Amendment No. 6 was moved to the bottom of amendments. Senator Wielechowski offered Amendment No. 7 : Page 10, line 28: Delete ", 23.30.395(2)," Page 11, lines 4 - 5: Delete all material and insert: "(2) had work-related in-person contact with a member of the public outside of the employee's home within 14 days before receiving a diagnosis of or positive laboratory test for COVID-19; and" Senator Wielechowski moved for the adoption of Amendment No. 7. Senator von Imhof objected, then withdrew her objection. Senator Reinbold objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 7? YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson Nays: Reinbold and so, Amendment No. 7 was adopted. 2021-04-28 Senate Journal Page 0853 Senator Wilson offered Amendment No. 8 : Page 2, following line 2: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: SHORT TITLE. This Act may be known as the Alaska COVID-19 Recovery Act." Page 2, line 3: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 4, line 22: Delete "sec. 2" Insert "sec. 3" Page 6, line 1: Delete "sec. 2" Insert "sec. 3" Page 6, line 28: Delete "sec. 2" Insert "sec. 3" Page 6, line 31: Delete "sec. 2" Insert "sec. 3" Page 7, line 12: Delete "sec. 2" Insert "sec. 3" Page 7, line 18: Delete "sec. 2" Insert "sec. 3" Page 7, line 28: Delete "sec. 2" Insert "sec. 3" 2021-04-28 Senate Journal Page 0854 Page 8, line 24: Delete "sec. 2" Insert "sec. 3" Page 9, line 27: Delete "sec. 2" Insert "sec. 3" Page 10, line 31, through page 11, line 1: Delete "sec. 2" Insert "sec. 3" Page 14, line 17: Delete "sec. 2" Insert "sec. 3" Page 14, line 19: Delete "sec. 2" Insert "sec. 3" Page 14, line 22: Delete "Sections 14 and 15" Insert "Sections 15 and 16" Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 2 - 4, 6, 8 - 10, 12, and 14" Page 14, line 26: Delete "sec. 2" Insert "sec. 3" Page 14, line 28: Delete "sec. 2" Insert "sec. 3" Page 14, line 29: Delete "Sections 4, 14, and 15" Insert "Sections 5, 15, and 16" 2021-04-28 Senate Journal Page 0855 Page 14, line 30: Delete "Section 10" Insert "Section 11" Page 15, line 4: Delete "Sections 2(a) and 11" Insert "Sections 3(a) and 12" Senator Wilson moved for the adoption of Amendment No. 8. Senator von Imhof objected, then withdrew her objection. Senator Stedman objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 8? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Kiehl, Myers, von Imhof, Wielechowski, Wilson Nays: Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Micciche, Olson, Reinbold, Revak, Shower, Stedman, Stevens and so, Amendment No. 8 failed. Senator Wilson offered Amendment No. 9 : Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 1 - 3, 5, 7 - 9, and 11" Page 14, following line 30: Insert a new subsection to read: "(d) Section 13 of this Act is repealed on the earlier of the date (1) the commissioner of health and social services determines that a public health emergency declared under sec. 4 of this Act is no longer necessary; or (2) the public health emergency issued under sec. 319 of the Public Health Service Act expires, subject to renewal by the United States Secretary of Health and Human Services." 2021-04-28 Senate Journal Page 0856 Senator Wilson moved for the adoption of Amendment No. 9. Senator von Imhof objected, then withdrew her objection. Senator Reinbold objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 9? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kawasaki, Kiehl, Micciche, Myers, Olson, Reinbold, Revak, Shower, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, Amendment No. 9 was adopted. Senator Wilson offered Amendment No. 10 : Page 10, line 18, following "AS 14.17.505(a),": Insert "and except as provided in (c) of this section," Page 10, line 22, following "AS 14.17.505(b),": Insert "and except as provided in (c) of this section," Page 10, following line 24: Insert a new subsection to read: "(c) Unless otherwise required by federal law, (a) and (b) of this section do not apply to a school district if a school in the school district teaches critical race theory, including the concept that (1) one race or sex is inherently superior to another race or sex; (2) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (3) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race; 2021-04-28 Senate Journal Page 0857 (4) members of one race cannot and should not attempt to treat others without respect to race; (5) an individual's moral character is necessarily determined by the individual's race or sex; (6) an individual, by virtue of the individual's race or sex, bears responsibility, fault, or blame for past actions by other members of the same race or sex; (7) an individual should feel discomfort, guilt, anguish, or another form of psychological distress because of the individual's race or sex; and (8) meritocracy or traits such as having a hard work ethic are racist or sexist, or were created or promoted by a particular race or sex to oppress another race or sex." Page 15, line 2: Delete "Except as provided in (b) of this section, this Act is" Insert "Sections 1, 2(b) - (d), 3 - 9, 10(a) - (b), and 12 - 20 of this Act are" Senator Wilson moved for the adoption of Amendment No. 10. Senator von Imhof objected. Senator Wilson moved and asked unanimous consent to withdraw Amendment No. 10. Without objection, Amendment No. 10 was withdrawn. Senator Myers offered Amendment No. 11 : Page 1, lines 1 - 4: Delete "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" Insert "providing for a public health emergency" Page 1, line 5: Delete "COVID-19" Insert "novel coronavirus disease (COVID-19)" Delete "emergency powers of the governor;" 2021-04-28 Senate Journal Page 0858 Page 3, line 18, following "dispatch;": Insert "and" Page 3, line 21: Delete "; and" Insert "." Page 3, line 22, through page 4, line 22: Delete all material. Renumber the following bill sections accordingly. Page 5, line 29: Delete "DISASTER" Delete "(a)" Page 5, lines 29 - 30: Delete "Under AS 26.23.020(k), the" Insert "The" Page 5, line 30, through page 6, line 1: Delete "for the declaration of a public health disaster emergency issued by the governor on January 15, 2021, as extended by sec. 2 of this Act," Page 6, line 2: Delete "the public health disaster emergency" Insert "a novel coronavirus disease (COVID-19) public health emergency declared by the commissioner of health and social services under sec. 2 of this Act" Page 6, line 25, through page 7, line 1: Delete all material. Page 7, line 7: Delete "disaster" Page 7, lines 12 - 13: 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" 2021-04-28 Senate Journal Page 0859 Page 7, lines 17 - 19: 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 7, line 25: Delete "the public health disaster emergency" Insert "a public health emergency declared by the commissioner of health and social services under sec. 2 of this Act" Page 7, lines 28 - 29: Delete all material and insert: "(B) the date the public health emergency declared by the commissioner of health and social services expires under sec. 2(e) of this Act." Page 7, lines 30 - 31: Delete "and to the extent necessary to respond to the public health disaster emergency" Page 8, lines 23 - 25: Delete "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" Insert "a novel coronavirus disease (COVID-19) public health emergency declared by the commissioner of health and social services under" Page 9, lines 15 - 16: Delete "the COVID-19 public health disaster emergency" Insert "a COVID-19 public health emergency" Page 9, lines 25 - 27: Delete "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" Insert "a novel coronavirus disease (COVID-19) public health emergency declared by the commissioner of health and social services under" 2021-04-28 Senate Journal Page 0860 Page 10, line 30, through page 11, line 1: Delete "the public health disaster emergency declared by the governor on January 15, 2021, as extended by" Insert "a public health emergency declared by the commissioner of health and social services under" Page 14, lines 17 - 19: Delete all material and insert: "(2) the date the public health emergency declared by the commissioner of health and social services expires under sec. 2(e) of this Act." Page 14, line 22: Delete "Sections 14 and 15" Insert "Sections 12 and 13" Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 1, 3, 5 - 7, 9, and 11" Page 14, lines 26 - 28: Delete all material and insert: "(2) the date the public health emergency declared by the commissioner of health and social services expires under sec. 2(e) of this Act." Page 14, line 29: Delete "Sections 4, 14, and 15" Insert "Sections 2, 12, and 13" Page 14, line 30: Delete "Section 10" Insert "Section 8" Page 15, line 4: Delete "Sections 2(a) and 11 of this Act are" Insert "Section 9 of this Act is" Senator Myers moved for the adoption of Amendment No. 11. Senator von Imhof objected. 2021-04-28 Senate Journal Page 0861 The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 11? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Costello, Holland, Hughes, Kawasaki, Micciche, Myers, Reinbold, Shower, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kiehl, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski and so, Amendment No. 11 failed. Senator Myers offered Amendment No. 12 : Page 1, lines 6 - 7: Delete "occupational and professional licensing, practice, and billing;" Page 7, line 14, through page 8, line 19: Delete all material. Renumber the following bill sections accordingly. Page 14, line 22: Delete "Sections 14 and 15" Insert "Sections 13 and 14" Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 1 - 3, 5, 7, 8, 10, and 12" Page 14, line 29: Delete "Sections 4, 14, and 15" Insert "Sections 4, 13, and 14" Page 14, line 30: Delete "Section 10" Insert "Section 9" 2021-04-28 Senate Journal Page 0862 Page 15, line 4: Delete "Sections 2(a) and 11" Insert "Sections 2(a) and 10" Senator Myers moved for the adoption of Amendment No. 12. Senator von Imhof objected. Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Olson was required to vote. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 12? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Costello, Hughes, Myers, Reinbold, Shower, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Holland, Kawasaki, Kiehl, Micciche, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski and so, Amendment No. 12 failed. Senator Myers offered Amendment No. 13 : Page 1, line 7: Delete "telehealth;" Page 8, line 20, through page 9, line 21: Delete all material. Renumber the following bill sections accordingly. Page 14, line 22: Delete "Sections 14 and 15" Insert "Sections 13 and 14" 2021-04-28 Senate Journal Page 0863 Page 14, line 24: Delete "Sections 1 - 3, 5, 7 - 9, 11, and 13" Insert "Sections 1 - 3, 5, 7, 8, 10, and 12" Page 14, line 29: Delete "Sections 4, 14, and 15" Insert "Sections 4, 13, and 14" Page 14, line 30: Delete "Section 10" Insert "Section 9" Page 15, line 4: Delete "Sections 2(a) and 11" Insert "Sections 2(a) and 10" Senator Myers moved for the adoption of Amendment No. 13. Senator von Imhof objected. Senator Kawasaki moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Kawasaki was required to vote. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: SCS CSHB 76(FIN) am S Second Reading Amendment No. 13? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Costello, Hughes, Myers, Reinbold, Shower Nays: Begich, Bishop, Gray-Jackson, Hoffman, Holland, Kawasaki, Kiehl, Micciche, Olson, Revak, Stedman, Stevens, von Imhof, Wielechowski, Wilson and so, Amendment No. 13 failed.