Legislature(2021 - 2022)

2021-09-10 Senate Journal

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2021-09-10                     Senate Journal                      Page 1427
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                          THIRTY-SECOND LEGISLATURE                                                                          
                                                                                                                                
                            THIRD SPECIAL SESSION                                                                            
                                                                                                                                
Juneau, Alaska                      Friday              September 10, 2021                                                    
                                                                                                                                
                               Twenty-sixth Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Micciche at 10:39 a.m.                                                                                                          
                                                                                                                                
The roll showed seventeen members present. Senators Olson,                                                                      
von Imhof were excused from a call of the Senate. Senator Shower                                                                
was absent.                                                                                                                     
                                                                                                                                
The prayer was offered by the Chaplain, Senator Kiehl. Senator                                                                  
Hoffman moved and asked unanimous consent the prayer be spread.                                                                 
Without objection, it was so ordered.                                                                                           
                                                                                                                                
      Elohai, n’shamah shenatata bi                                                                                             
      t’horah hi.                                                                                                               
      Atah v’ratah,                                                                                                             
      atah y’tzartah,                                                                                                           
      atah n’fachtah bi,                                                                                                        
      v’atah m’sham’rah b’kirbi.                                                                                                
      V’atah atid lit’lah mimeni,                                                                                               
      ulhachazirah bi le-atid lavo.                                                                                             
      Kol z’man shehan’shamah v’kirbi,                                                                                          
      modeh ani l’fanecha,                                                                                                      
      Adonai Elohai v’Elohei avotai v’imotai,                                                                                   
      Ribon kol hamasim,                                                                                                        
      Adon kol han’shamot.                                                                                                      
                                                                                                                                
      Pure, my G-d, is the soul You have given me.                                                                              
      You formed it. You shaped it. You breathed it into me.                                                                    
      You keep it safe within me.                                                                                               

2021-09-10                     Senate Journal                      Page 1428
      Someday, when this soul returns to You,                                                                                   
      I will find a place in eternity.                                                                                          
      But as long as spirit breathes within me,                                                                                 
      I place before You my thanks,                                                                                             
      Eternal my G-d and G-d of my ancestors,                                                                                   
      Creator of all creation, Sovereign of all souls.                                                                          
                                                                                                                                
Senator Revak led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Hughes moved and asked unanimous consent the journal for                                                                
the twenty-fifth legislative day be approved as certified by the                                                                
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SJR 301                                                                                                                       
The Judiciary Committee considered SENATE JOINT RESOLUTION                                                                      
NO. 301 Proposing amendments to the Constitution of the State of                                                                
Alaska relating to an appropriation limit; and relating to the budget                                                           
reserve fund, and recommended it be replaced with                                                                               
                                                                                                                                
          CS FOR SENATE JOINT RESOLUTION                                                                                        
          NO. 301(JUD) Proposing amendments to the                                                                              
          Constitution of the State of Alaska relating to an                                                                    
          appropriation limit.                                                                                                  
                                                                                                                                
Signing do pass: Senator Holland, Chair; Senator Myers. Signing no                                                              
recommendation: Senators Hughes, Kiehl.                                                                                         
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Office of the Governor                                                                            
                                                                                                                                
The resolution was referred to the Finance Committee.                                                                           
                                                                                                                                
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1429
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Third Reading of Senate Bills                                                                        
                                                                                                                                
SB 3006                                                                                                                       
CS FOR SENATE BILL NO. 3006(L&C) "An Act relating to                                                                            
utilization review requirements; making temporary changes to state                                                              
law in response to the novel coronavirus disease; relating to                                                                   
telemedicine and telehealth; relating to background checks; and                                                                 
providing for an effective date" was read the third time.                                                                       
                                                                                                                                
Senator Holland moved the bill be returned to second reading for all                                                            
amendments offered today. Without objection, the bill was returned to                                                           
second reading.                                                                                                                 
                                                                                                                                
Senator Holland offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to COVID-19 immunization and proof of                                                                   
vaccination;"                                                                                                                 
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding a new section to read:                                                               
          Article 2A. COVID-19 Immunization Rights.                                                                           
          Sec. 18.09.270. Proof of vaccination. A person who requires                                                         
     an individual to show proof of vaccination against the novel                                                               
     coronavirus disease (COVID-19) shall accept evidence that the                                                              
     individual has antibodies against COVID-19 as satisfying the                                                               
     vaccination requirement."                                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1430
Senator Holland moved for the adoption of Amendment No. 1. Senator                                                              
Kiehl objected.                                                                                                                 
                                                                                                                                
Senator Holland moved and asked unanimous consent to withdraw                                                                   
Amendment No. 1. Without objection, Amendment No. 1 was                                                                         
withdrawn.                                                                                                                      
                                                                                                                                
Senator Holland offered Updated Amendment No. 1:                                                                                
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to COVID-19 immunization and proof of                                                                   
vaccination;"                                                                                                                 
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding a new section to read:                                                               
                    Article 2A. COVID-19 Immunization Rights.                                                                 
          Sec. 18.09.270. Proof of vaccination. A person who requires                                                         
     an individual to show proof of vaccination against the novel                                                               
     coronavirus disease (COVID-19) shall accept evidence that the                                                              
     individual has antibodies against COVID-19 as satisfying the                                                               
     vaccination requirement. That evidence shall include but not be                                                            
     limited to a documented positive antibody test or a documented                                                             
     positive COVID-19 test."                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
Senator Holland moved for the adoption of Updated Amendment                                                                     
No. 1. Senator Kiehl objected.                                                                                                  
                                                                                                                                
The question being: "Shall Updated Amendment No. 1 be adopted?"                                                                 
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 3006(L&C)                                                                                                                  
Second Reading                                                                                                                  
Updated Amendment No. 1?                                                                                                        
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1431
YEAS:  10   NAYS:  7   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Kawasaki, Micciche, Myers,                                                                    
Reinbold, Revak, Wielechowski, Wilson                                                                                           
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kiehl, Stedman,                                                                   
Stevens                                                                                                                         
                                                                                                                                
Excused:  Olson, von Imhof                                                                                                      
                                                                                                                                
Absent:  Shower                                                                                                                 
                                                                                                                                
and so, Updated Amendment No. 1 was adopted.                                                                                    
                                                                                                                                
Senator Wilson moved and asked unanimous consent Senator Shower                                                                 
be excused from a call of the Senate today. Without objection, Senator                                                          
Shower was excused.                                                                                                             
                                                                                                                                
SB 3006                                                                                                                       
Senator Wilson offered Amendment No. 2 :                                                                                         
                                                                                                                                
Page 1, line 3, following "checks;":                                                                                          
     Insert: "relating to certificates of need;"                                                                              
                                                                                                                                
Page 3, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 5. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     WAIVER OF CERTIFICATE OF NEED REQUIREMENTS.                                                                                
Notwithstanding any other provision of law, a person is not required to                                                         
obtain a certificate of need under AS 18.07 for an expenditure that is                                                          
made between the effective date of this Act and June 30, 2022."                                                                 
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Wilson moved for the adoption of Amendment No. 2. Senator                                                               
Begich objected, then withdrew his objection. There being no further                                                            
objection, Amendment No. 2 was adopted.                                                                                         
                                                                                                                                
Senator Myers offered Amendment No. 3 :                                                                                          
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to immunization rights;"                                                                                
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1432
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding new sections to read:                                                                
                       Article 2A. Immunization Rights.                                                                       
          Sec. 18.09.270. Employment discrimination based on                                                                  
     vaccination status. (a)It is unlawful discrimination for an                                                              
     employer to require an individual to receive a vaccination as a                                                            
     condition of employment unless the business conducted by the                                                               
     employer or the duties of the position are medical in nature. An                                                           
     employer that requires an individual to receive a vaccination under                                                        
     this section shall allow an individual to refuse the vaccine for a                                                         
     medical reason, including pregnancy.                                                                                       
          (b)  Notwithstanding AS 09.50.250 and AS 09.65.070, an                                                                
     employer that requires an individual to receive a vaccination as a                                                         
     condition of employment under (a) of this section is civilly liable                                                        
     to the individual for damages sustained by the individual that                                                             
     result from the required vaccination.                                                                                      
          Sec. 18.09.280. Access to public spaces and services. A state                                                       
     agency or political subdivision of the state may not require an                                                            
     individual to receive a vaccination against the novel coronavirus                                                          
     disease (COVID-19) or a variant of COVID-19 as a condition of                                                              
     accessing a publicly available service, event, or facility.                                                                
     Notwithstanding AS 09.50.250 and AS 09.65.070, an individual                                                               
     may maintain an action against a state agency or political                                                                 
     subdivision of the state that violates this section."                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 4. 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 18.09.270 or                                                            
     18.09.280."                                                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 5 and 6"                                                                                                  

2021-09-10                     Senate Journal                      Page 1433
                                                                                                                                
Senator Myers moved for the adoption of Amendment No. 3. Senator                                                                
Begich objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 3?                                                                                                                
                                                                                                                                
YEAS:  8   NAYS:  9   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak,                                                             
Wilson                                                                                                                          
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Stedman, Stevens, Wielechowski                                                                                                  
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 3 failed.                                                                                                 
                                                                                                                                
Senator Reinbold offered Amendment No. 4 :                                                                                       
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to personal objections to the administration of                                                         
COVID-19 vaccines;"                                                                                                           
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding a new section to read:                                                               
                     Article 2A. Immunization Rights.                                                                         
          Sec. 18.09.270. Personal objections to the administration                                                           
     of COVID-19 vaccines. An individual may object to the                                                                    
     administration of a COVID-19 vaccine based on religious,                                                                   
     medical, or other grounds. A parent or guardian of a minor child                                                           
     may object to the administration of a COVID-19 vaccine to the                                                              
     minor child based on religious, medical, or other grounds. A                                                               
     person may not require an individual to provide justification or                                                           
     documentation to support the individual's decision to decline a                                                            
     COVID-19 vaccine or to decline a COVID-19 vaccine for a minor                                                              
     child."                                                                                                                    
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1434
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
Senator Reinbold moved for the adoption of Amendment No. 4.                                                                     
Senator Begich objected.                                                                                                        
                                                                                                                                
The question being: "Shall Amendment No. 4 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 4?                                                                                                                
                                                                                                                                
YEAS:  9   NAYS:  8   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak,                                                             
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Stedman, Stevens                                                                                                                
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 4 was adopted.                                                                                            
                                                                                                                                
Senator Reinbold offered Amendment No. 5 :                                                                                       
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to COVID-19 immunization rights;"                                                                       
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. 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                                                                    
     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.                                                                                                              

2021-09-10                     Senate Journal                      Page 1435
          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 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
Senator Reinbold moved for the adoption of Amendment No. 5.                                                                     
Senator Begich objected.                                                                                                        
                                                                                                                                
The question being: "Shall Amendment No. 5 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 5?                                                                                                                
                                                                                                                                
YEAS:  9   NAYS:  8   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak,                                                             
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Stedman, Stevens                                                                                                                
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 5 was adopted.                                                                                            
                                                                                                                                
Senator Reinbold offered Amendment No. 6 :                                                                                       
                                                                                                                                
Page 2, lines 5 - 21:                                                                                                           
     Delete all material and insert:                                                                                            
     "TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding                                                                          
any other provision of law, a person licensed under AS 08.64.170 or                                                             
AS 08.68.160 may provide treatment, render a diagnosis, or prescribe,                                                           

2021-09-10                     Senate Journal                      Page 1436
dispense, or administer a prescription, excluding a controlled                                                                  
substance listed in AS 11.71.140 - 11.71.190, through telehealth as                                                             
defined in AS 47.05.270(e), without first conducting an in-person                                                               
physical examination, if                                                                                                        
          (1)  the licensee is in good standing to provide health care                                                          
services in this state;                                                                                                         
          (2)  the health care services provided are within the licensee's                                                      
authorized scope of practice;                                                                                                   
          (3) in the event that the licensee determines that the encounter                                                      
will extend beyond the scope of practice or scope of services described                                                         
in this section, the licensee advises the patient that the licensee is not                                                      
authorized to provide the services to the patient, recommends that the                                                          
patient contact another health care provider licensed in this state, and                                                        
terminates the encounter."                                                                                                      
                                                                                                                                
Senator Reinbold moved for the adoption of Amendment No. 6.                                                                     
Senator Kiehl objected.                                                                                                         
                                                                                                                                
The question being: "Shall Amendment No. 6 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 6?                                                                                                                
                                                                                                                                
YEAS:  3   NAYS:  14   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Kawasaki, Reinbold, Stedman                                                                                              
                                                                                                                                
Nays:  Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland,                                                                
Hughes, Kiehl, Micciche, Myers, Revak, Stevens, Wielechowski,                                                                   
Wilson                                                                                                                          
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 6 failed.                                                                                                 
                                                                                                                                
Senator Reinbold offered Amendment No. 7 :                                                                                       
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to COVID-19 immunization rights and                                                                     
personal objections to the administration of COVID-19 vaccines;"                                                              
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1437
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding new sections to read:                                                                
       Article 2A. COVID-19 Immunization Rights; Discrimination.                                                              
          Sec. 18.09.300. Discrimination based on vaccination status.                                                         
     (a) Except as provided in (b) and (c) of this section, it is unlawful                                                      
     discrimination for                                                                                                         
              (1)  a person or a governmental entity to refuse, withhold                                                        
     from, or deny to an individual any local or state services, goods,                                                         
     facilities, advantages, privileges, licensing, educational                                                                 
     opportunities, health care access, or employment opportunities                                                             
     based on the individual's vaccination status or whether the                                                                
     individual has an immunity passport;                                                                                       
              (2)  an employer to refuse employment to an individual,                                                           
     to bar an individual from employment, or to discriminate against                                                           
     an individual in compensation or in a term, condition, or privilege                                                        
     of employment based on the individual's vaccination status or                                                              
     whether the individual has an immunity passport; or                                                                        
              (3)  a public accommodation to exclude, limit, segregate,                                                         
     refuse to serve, or otherwise discriminate against an individual                                                           
     based on the individual's vaccination status or whether the                                                                
     individual has an immunity passport.                                                                                       
          (b)  This section does not apply to a vaccination requirement                                                         
     imposed by a                                                                                                               
              (1)  school or day care facility; or                                                                              
            (2)  health care facility if the health care facility                                                              
                   (A)  asks an employee to volunteer the employee's                                                            
          vaccination or immunization status for the purpose of                                                                 
          determining whether the health care facility should implement                                                         
          reasonable accommodations to protect the safety and health of                                                         
          employees, patients, visitors, and other persons from                                                                 
          communicable diseases; a health care facility may consider an                                                         
          employee to be nonvaccinated or nonimmune if the employee                                                             
          declines to provide the employee's vaccination or                                                                     
          immunization status to the health care facility for the purpose                                                       
          of determining whether reasonable accommodations should                                                               
          be implemented; and                                                                                                   
                   (B)  implements reasonable accommodations for                                                                
          employees, patients, visitors, and other persons who are not                                                          
          vaccinated or not immune to protect the safety and health of                                                          

2021-09-10                     Senate Journal                      Page 1438
          employees, patients, visitors, and other persons from                                                                 
          communicable diseases.                                                                                                
          (c)  A recommendation by a person, governmental entity, or                                                            
     employer that an employee receive a vaccine is not unlawful                                                                
     discrimination under this section.                                                                                         
          (d)  A person, governmental entity, or employer may not                                                               
     require an individual to receive a vaccine the use of which is                                                             
     allowed only under an emergency use authorization or a vaccine                                                             
     undergoing safety trials.                                                                                                  
          Sec. 18.09.310. Objection to the administration of                                                                  
     COVID-19 vaccine. An individual may object to the                                                                        
     administration of a COVID-19 vaccine to that person based on                                                               
     religious, medical, or other grounds. A parent or guardian of a                                                            
     minor child may object to the administration of a COVID-19                                                                 
     vaccine to the minor child based on religious, medical, or other                                                           
     grounds. A person may not require an individual to provide                                                                 
     justification or documentation to support the individual's decision                                                        
     to decline a COVID-19 vaccine or to decline a COVID-19 vaccine                                                             
     for a minor child."                                                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
Senator Reinbold moved for the adoption of Amendment No. 7.                                                                     
Senator Wilson objected.                                                                                                        
                                                                                                                                
Senator Wilson moved and asked unanimous consent to table                                                                       
Amendment No. 7. Senator Reinbold objected.                                                                                     
                                                                                                                                
The question being: "Shall Amendment No. 7 be tabled?" The roll was                                                             
taken with the following result:                                                                                                
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Table Amendment No. 7?                                                                                                          
                                                                                                                                
YEAS:  11   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1439
Yeas:  Begich, Bishop, Costello, Gray-Jackson, Hoffman, Kawasaki,                                                               
Micciche, Myers, Revak, Wielechowski, Wilson                                                                                    
                                                                                                                                
Nays:  Holland, Hughes, Kiehl, Reinbold, Stedman, Stevens                                                                       
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 7 was tabled.                                                                                             
                                                                                                                                
Amendment No. 8 was not offered.                                                                                                
                                                                                                                                
Senator Hughes offered Amendment No. 9 :                                                                                         
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to civil liability of employers;"                                                                       
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 09.65 is amended by adding a new section to read:                                                               
          Sec. 09.65.355. Employer liability for COVID-19 vaccine                                                             
     damages. Notwithstanding AS 09.50.250 and AS 09.65.070, an                                                               
     employer that requires an individual to receive a COVID-19                                                                 
     vaccination or booster shot as a condition of employment is civilly                                                        
     liable to the individual for damages sustained by the individual                                                           
     that result from the required COVID-19 vaccination or booster                                                              
     shot if the individual received the COVID-19 vaccination or                                                                
     booster shot after the employer instituted the vaccination                                                                 
     requirement as a condition of employment."                                                                                 
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 2, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 4. 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.                                                                               
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1440
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 5 and 6"                                                                                                  
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 9. Senator                                                               
Kiehl objected.                                                                                                                 
                                                                                                                                
The question being: "Shall Amendment No. 9 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 9?                                                                                                                
                                                                                                                                
YEAS:  7   NAYS:  10   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Myers, Reinbold, Stedman, Wilson                                                              
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Micciche, Revak, Stevens, Wielechowski                                                                                          
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 9 failed.                                                                                                 
                                                                                                                                
Senator Hughes offered Amendment No. 10 :                                                                                        
                                                                                                                                
Page 1, line 1, following "Act":                                                                                              
     Insert "relating to immunization rights;"                                                                                
                                                                                                                                
Page 1, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 18.09 is amended by adding a new section to read:                                                               
   Article 2A. COVID-19 Immunization Rights.                                                                                  
          Sec. 18.09.270. Employment termination based on                                                                     
     COVID-19 vaccination status. If an employer requires an                                                                  
     individual to receive a COVID-19 vaccination or booster shot as a                                                          
     condition of employment and the employer terminates an                                                                     
     employee because the employee refused for any reason to receive                                                            
     a COVID-19 vaccination or booster shot, the employer shall pay                                                             
     to the employee an amount equal to two months of that                                                                      
     employee's wages."                                                                                                         
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1441
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "Sections 3 and 4"                                                                                                  
     Insert "Sections 4 and 5"                                                                                                  
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 10.                                                                      
Senator Stevens objected.                                                                                                       
                                                                                                                                
The question being: "Shall Amendment No. 10 be adopted?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Second Reading                                                                                                                  
Amendment No. 10?                                                                                                               
                                                                                                                                
YEAS:  8   NAYS:  9   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Bishop, Hughes, Micciche, Myers, Reinbold, Revak, Stedman,                                                               
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Begich, Costello, Gray-Jackson, Hoffman, Holland, Kawasaki,                                                              
Kiehl, Stevens, Wilson                                                                                                          
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, Amendment No. 10 failed.                                                                                                
                                                                                                                                
CS FOR SENATE BILL NO. 3006(L&C) am was automatically in                                                                        
third reading.                                                                                                                  
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 3006(L&C)                                                                     
am "An Act relating to COVID-19 immunization and proof of                                                                       
vaccination; relating to personal objections to the administration of                                                           
COVID-19 vaccines; relating to COVID-19 immunization rights;                                                                    
relating to utilization review requirements; making temporary changes                                                           
to state law in response to the novel coronavirus disease; relating to                                                          
telemedicine and telehealth; relating to background checks; relating to                                                         
certificates of need; and providing for an effective date" pass the                                                             
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Third Reading - Final Passage                                                                                                   
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1442
YEAS:  9   NAYS:  8   EXCUSED:  3   ABSENT:  0                                                                                
                                                                                                                                
Yeas:  Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak,                                                             
Wielechowski, Wilson                                                                                                            
                                                                                                                                
Nays:  Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl,                                                                  
Stedman, Stevens                                                                                                                
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
and so, CS FOR SENATE BILL NO. 3006(L&C) am failed.                                                                             
                                                                                                                                
Senator Hoffman gave notice of reconsideration.                                                                                 
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Wielechowski moved and asked unanimous consent to be                                                                    
excused from a call of the Senate from September 12 through                                                                     
September 16. Without objection, Senator Wielechowski was excused.                                                              
                                                                                                                                
Senator Hoffman moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from October 15 through October 30.                                                                   
Without objection, Senator Hoffman was excused.                                                                                 
                                                                                                                                
Senator Bishop moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from September 15 through October 25.                                                                 
Without objection, Senator Bishop was excused.                                                                                  
                                                                                                                                
Senator Begich moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from November 21 through January 18, 2022.                                                            
Without objection, Senator Begich was excused.                                                                                  
                                                                                                                                
Senator Revak moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from October 3 through October 24. Without                                                            
objection, Senator Revak was excused.                                                                                           
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
President Micciche stated the Senate would stand in recess to a call of                                                         
the Chair. There being no objection, the Senate recessed at 12:48 p.m.                                                          
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1443
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 5:09 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                       Reconsideration of Senate Bills                                                                       
                                                                                                                                
SB 3006                                                                                                                       
Senator Costello moved and asked unanimous consent the                                                                          
reconsideration on CS FOR SENATE BILL                                                                                           
NO. 3006(L&C) am(fld S) be taken up the same day. Without                                                                       
objection, CS FOR SENATE BILL NO. 3006(L&C) am was before                                                                       
the Senate on reconsideration.                                                                                                  
                                                                                                                                
The question to be reconsidered: "Shall CS FOR SENATE BILL                                                                      
NO. 3006(L&C) am "An Act relating to COVID-19 immunization and                                                                  
proof of vaccination; relating to personal objections to the                                                                    
administration of COVID-19 vaccines; relating to COVID-19                                                                       
immunization rights; relating to utilization review requirements;                                                               
making temporary changes to state law in response to the novel                                                                  
coronavirus disease; relating to telemedicine and telehealth; relating to                                                       
background checks; relating to certificates of need; and providing for                                                          
an effective date" pass the Senate?" The roll was taken with the                                                                
following result:                                                                                                               
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Third Reading - On Reconsideration                                                                                              
                                                                                                                                
YEAS:  13   NAYS:  3   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Costello, Gray-Jackson, Holland, Hughes, Kawasaki,                                                               
Micciche, Myers, Reinbold, Revak, Stevens, Wielechowski, Wilson                                                                 
                                                                                                                                
Nays:  Bishop, Kiehl, Stedman                                                                                                   
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, CS FOR SENATE BILL NO. 3006(L&C) am passed the                                                                          
Senate on reconsideration.                                                                                                      
                                                                                                                                
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1444
Senator Hughes moved for the adoption of the effective date clause(s).                                                          
                                                                                                                                
The question being: "Shall the effective date clause(s) be adopted?"                                                            
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 3006(L&C) am                                                                                                               
Effective Date Clause(s)                                                                                                        
                                                                                                                                
YEAS:  16   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Bishop, Costello, Gray-Jackson, Holland, Hughes,                                                                 
Kawasaki, Kiehl, Micciche, Myers, Reinbold, Revak, Stedman,                                                                     
Stevens, Wielechowski, Wilson                                                                                                   
                                                                                                                                
Excused:  Olson, Shower, von Imhof                                                                                              
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, the effective date clause(s) were adopted and the bill was                                                              
referred to the Secretary for engrossment.                                                                                      
                                                                                                                                
                                                                                                                                
                       Unfinished Business (continued)                                                                       
                                                                                                                                
Senator Stevens moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from September 26 through October 3.                                                                  
Without objection, Senator Stevens was excused.                                                                                 
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 3006                                                                                                                       
CS FOR SENATE BILL NO. 3006(L&C) am "An Act relating to                                                                         
COVID-19 immunization and proof of vaccination; relating to                                                                     
personal objections to the administration of COVID-19 vaccines;                                                                 

2021-09-10                     Senate Journal                      Page 1445
relating to COVID-19 immunization rights; relating to utilization                                                               
review requirements; making temporary changes to state law in                                                                   
response to the novel coronavirus disease; relating to telemedicine and                                                         
telehealth; relating to background checks; relating to certificates of                                                          
need; and providing for an effective date" was engrossed, signed by                                                             
the President and Secretary and transmitted to the House for                                                                    
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Hughes moved and asked unanimous consent the Senate stand                                                               
in adjournment until 1:00 p.m., September 11, 2021. Without                                                                     
objection, the Senate adjourned at 5:19 p.m.                                                                                    
                                                                                                                                
                                                                    Liz Clark                                                   
                                                     Secretary of the Senate                                                    

2021-09-10                     Senate Journal                      Page 1446
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Sep 10        Friday                    Senate Finance 532            9:00 AM                                                 
+ SB  53 PERM FUND; ADVISORY VOTE                                                                                               
              -- Testimony <Invitation Only> --                                                                                 
+= HB3003 APPROP: OPERATING; PERM FUND; EDUCATION                                                                               
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Sep 10        Friday                    Senate Finance 532            1:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Sep 11        Saturday                  Senate Finance 532          11:00 AM                                                  
              -- Please Note Time Change --                                                                                     
+= HB3003 APPROP: OPERATING; PERM FUND; EDUCATION                                                                               
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Sep 11        Saturday                  Senate Finance 532            1:00 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Sep 10        Friday                          Butrovich 205           3:30 PM                                                 
              -- To Reconvene at 5:25 pm --                                                                                     
+= SB  67 NURSING: LICENSURE; MULTISTATE COMPACT                                                                                
              -- Please Note Time Change --                                                                                     
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1447
                                  RESOURCES                                                                                  
                                                                                                                                
Sep 10        Friday                          Butrovich 205           1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
              -- Please Note Time Change --                                                                                     
+= SB3002 TAX: MOTOR FUEL, CORP. INCOME, O&G                                                                                    
              -- Invited & Public Testimony --                                                                                  
              **Streamed live on AKL.tv**                                                                                       
                                                                                                                                
Sep 11        Saturday                        Butrovich 205           1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
              -- Please Note Time Change --                                                                                     
+= SB3002 TAX: MOTOR FUEL, CORP. INCOME, O&G                                                                                    
              -- Testimony <Invitation Only> --                                                                                 
              **Streamed live on AKL.tv**                                                                                       
                                                                                                                                
Sep 13        Monday                          Butrovich 205           3:30 PM                                                 
              Presentation by Gaffney, Cline & Associates                                                                       
              Bills Previously Heard/Scheduled                                                                                  
              -- Testimony <Invitation Only> --                                                                                 
              **Streamed live on AKL.tv**                                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Sep 23        Thursday                           Adams 519          10:30 AM                                                  
+             Committee Business                                                                                                
              a. Overview of Pending Capitol Maintenance                                                                        
              b. Formation of Subcommittee                                                                                      
               - Assembly Building Utilization Subcommittee                                                                     
              Additional Committee Business-Executive Session                                                                   
              a. Formation of Subcommittee                                                                                      
               - Legislative Facilities Security Subcommittee                                                                   
              b. Anchorage LOB Snow-Removal Contract                                                                            
              -- Testimony <Invitation Only> --                                                                                 
              **Streamed live on AKL.tv**                                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                

2021-09-10                     Senate Journal                      Page 1448
                             REDISTRICTING BOARD                                                                             
                                                                                                                                
Sep 10        Friday                   Anch Lio Denali Rm             9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+             Map Drawing Work Session; Discussion & Adoption                                                                   
              of Draft Plan(s)                                                                                                  
              -- Public Testimony --                                                                                            
              **Streamed live on AKL.tv**