Legislature(2019 - 2020)BUTROVICH 205
03/24/2020 03:00 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| HB311 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 311 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 24, 2020
4:22 p.m.
MEMBERS PRESENT
Representative Chuck Kopp, Chair
Representative Jennifer Johnston, Vice Chair
Representative Bryce Edgmon
Representative Louise Stutes
Representative Steve Thompson
Representative Lance Pruitt
Representative DeLena Johnson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 311
"An Act extending the March 11, 2020, governor's declaration of
a public health disaster emergency in response to the COVID-19
pandemic; relating to the powers of the director of insurance;
relating to standing orders issued by the chief medical officer;
relating to professional licensing; relating to telemedicine and
telehealth; relating to board of nursing fingerprint
requirements; relating to the 2020 primary and general
elections; relating to permanent fund dividend applications;
relating to automatic voter registration; relating to tax;
relating to shareholder meetings; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 311
SHORT TITLE: EXTENDING COVID 19 DISASTER EMERGENCY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/23/20 (H) READ THE FIRST TIME - REFERRALS
03/23/20 (H) RLS
03/23/20 (H) RLS WAIVED PUBLIC HEARING NOTICE, RULE
23 - UC
03/24/20 (H) RLS AT 3:00 PM BUTROVICH 205
WITNESS REGISTER
GRACE ERVINE, Staff
Representative Chuck Kopp
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Kopp, chair of
the House Rules Standing Committee, sponsor by request of the
governor, provided a sectional summary of the committee
substitute for HB 311, Version M, during the hearing on HB 311.
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
311.
BRANDON SPANOS, Deputy Director
Tax Division
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
311.
ACTION NARRATIVE
4:22:23 PM
CHAIR CHUCK KOPP called the House Rules Standing Committee
meeting to order at 4:22 p.m. Representatives Pruitt, Stutes,
Edgmon, Johnston, Thompson, and Kopp were present at the call to
order. Representative Johnson arrived as the meeting was in
progress.
HB 311-EXTENDING COVID 19 DISASTER EMERGENCY
4:23:06 PM
CHAIR KOPP announced the only order of business would be HOUSE
BILL NO. 311, "An Act extending the March 11, 2020, governor's
declaration of a public health disaster emergency in response to
the COVID-19 pandemic; relating to the powers of the director of
insurance; relating to standing orders issued by the chief
medical officer; relating to professional licensing; relating to
telemedicine and telehealth; relating to board of nursing
fingerprint requirements; relating to the 2020 primary and
general elections; relating to permanent fund dividend
applications; relating to automatic voter registration; relating
to tax; relating to shareholder meetings; and providing for an
effective date."
4:23:51 PM
REPRESENTATIVE JOHNSTON moved to adopt the committee substitute
(CS) for HB 311, Version 31-GH2260\M, Marx, 3/23/20, as the
working document. There being no objection, Version M was
before the committee.
4:24:31 PM
GRACE ERVINE, Staff, Representative Chuck Kopp, Alaska State
Legislature, informed the committee [Version M] mirrors [CSSB
241(RLS), that was reported from the Senate Rules Standing
Committee on 3/23/20]. Ms. Ervine paraphrased from the
sectional summary entitled, "House Bill 311 - Sectional Summary
for CS for HB 311 version M: Extending COVID-19 Disaster
Emergency," included in the committee packet, which read
[original punctuation provided]:
House Bill 311 - Sectional Summary for CS for HB 311
version M: Extending COVID-19 Disaster Emergency
Section 1 Legislative Findings (page 1-3) Makes
legislative findings related to COVID-19, establishing
the need to extend the March 11, 2020, public health
disaster declaration.
Section 2 Extension of Public Health Emergency /
Disaster (page 3) Extends the public health disaster
emergency until the earlier of Sept. 1, 2020, or the
date on which the governor declares the emergency
over. If the Department of Health and Social Services
commissioner certifies to the governor that there is
no longer an outbreak of COVID-19 or a credible threat
of an outbreak, the governor shall issue a
proclamation declaring the disaster over. The
certification must be based on specific information
from a state or federal agency, or another source the
commissioner decides is reliable.
Section 3 Disaster Financing Plan (page 3-4) Presents
the financing plan for the public health disaster
emergency, referencing the appropriations made in
several bills passed by the 31st Legislature. Allows
the governor to spend up to $10 million of the
disaster relief fund in response to the emergency.
Limits emergency spending to the financing plan.
Section 4 Chief Medical Officer Standing Orders (page
4-5) Allows the Department of Health and Social
Services' chief medical officer to issue standing
orders related to COVID-19. If the chief medical
officer is incapacitated, a designee may issue the
orders. Standing orders are effective until retracted
or through the duration of the emergency declaration.
The chief medical officer and health care providers
are not liable for civil damages for issuing or acting
under a standing order, except misconduct.
Section 5 Reports to Legislature (page 5-6) Requires
the governor to report monthly the expenditures made
in relation to the COVID-19 disaster and the actions
taken related to prevention, control and status of
COVID-19. Reports begin May 1, 2020 and culminate with
a final report 60 days after the end of the emergency
or Sept. 1, 2020, whichever comes first.
Section 6 Professional and Occupational Licensing
(page 6-7) During the public health emergency, allows
the Division of Corporations, Business and
Professional Licensing director or a relevant board to
grant a license, permit or certificate on an expedited
basis to an individual who holds a corresponding
license in another jurisdiction. The boards,
commissions and director may take additional action as
necessary to protect public health, including
temporarily waiving or modifying continuing education
requirements; regulating the scope and duration of
licenses; and arranging for supervision of licensees.
Professionals who come to Alaska to work under one of
these licenses must comply with CDC travel guidelines.
Section 7 Telemedicine and Telehealth (page 7-8)
During the emergency declaration and limited to
actions related to COVID-19, licensing is waived for
health care providers who provide treatment,
diagnosis, or prescribe prescriptions (other than
controlled substances), and who do not first conduct
an in-person exam, for telemedicine and telehealth.
Providers must be in good standing in their
jurisdiction and practicing within their scope of
license. The amount charged for telehealth must be
reasonable and customary, and may not exceed 5 percent
of the regular fee for the service provided. The
Department of Health and Social Services commissioner
may waive regulations or laws that would substantially
prevent provision of telehealth services.
Section 8 Fingerprinting (page 8) For professional
occupations related to public health that require
fingerprinting for licensure, directs the Department
of Commerce, Community and Economic Development to
coordinate with the Department of Health and Social
Services and the Department of Public Safety to
expedite the fingerprinting process. Section 9
Division of Elections (page 8-9) Enables the
Lieutenant Governor, after consulting with the
Department of Health and Social Services commissioner,
to direct the Division of Elections to hold a primary
or statewide special election in 2020 by mail.
Section 10 Permanent Fund Dividend Application
Deadline (page 9) Extends the application period for
the 2020 Permanent Fund Dividend from March 31, 2020,
to April 30, 2020. Applications received after March
31 are exempt from automatic voter registration.
Section 11 Department of Revenue Taxation (page 9)
Extends to July 15, 2020, the filing deadline for
certain tax returns, reports or payments to the
Department of Revenue. The filing dates for oil and
gas taxes and oil and gas property taxes will not be
extended. Department of Revenue will not assess
penalties or interest to individuals who file under
the extension.
Section 12 Shareholder Meetings (page 9-10) Allows for
meetings of shareholders to be held by electronic
communication to the extent allowed by the
corporation's board, and allows corporations that have
or are planning to distribute a proxy statement and
notice of annual meetings to re-notice or notice so
that it can be held via electronic communication.
Section 13 Repealer (page 10) Repeals Sections 1-4 and
6-12 on the earlier of Sept. 1, 2020, or the date the
governor determines the emergency no longer exists.
Section 14 Repealer (page 10) Repeals Section 5,
Reports, on Nov. 2, 2020.
Section 15 Retroactive clause (page 10) HB 311 is
retroactive to April 10, 2020, if signed into law
after that date.
Section 16 Effective date (page 10) HB 311 takes
effect immediately.
4:30:55 PM
MS. ERVINE directed attention to a document provided by the
Department of Health and Social Services (DHSS) entitled, "House
Bill 311 - Extend Disaster; Public Health Emergency Section
Leads/Points of Contact," which identified experts who could
provide clarity on certain sections of the bill.
REPRESENTATIVE KOPP noted staff are available [via
teleconference] to answer questions and the ten fiscal notes
[Identifiers(s): LL0260-3-DCCED-CBPL-03-20-20; LL0260-3-DCCED-
DOI-03-20-2020; LL0260-GOV-EO-3-20-20; 2260-OOG-DOE-3-20-2020;
LL0260-DHSS-EP-3-20-2020; LL0260-DHSS-MS-3-20-2020; 0260-DPS-
CJISP-03-20-20; LL-0260-3-DOR-PFD-3-20-20; LL0260-MVA-COM-3-20-
20; HB311-DOR-TAX-3-23-2020] attached to the bill are included
in the committee packet.
REPRESENTATIVE EDGMON asked whether the bill before the
committee is the governor's bill.
REPRESENTATIVE KOPP explained [Version M] is the version of the
governor's original bill that was amended and passed from the
Senate Rules Standing Committee. The committee will address the
version that incorporates amendments made on the Senate floor
after it is transmitted from the Senate on [3/25/20].
REPRESENTATIVE EDGMON cautioned the bill title may exceed the
single subject rule and asked whether the bill title has been
discussed with Legislative Legal Services.
MS. ERVINE said Legislative Legal Services advised, as long as
the bill relates to the [coronavirus disease (COVID-19)]
pandemic, the bill title complies with the single subject rule,
and she offered to provide a memorandum in this regard from
legal services on [3/25/20].
REPRESENTATIVE PRUITT [directed attention to Section 12] and
said Alaska Statutes related to shareholder meetings for Alaska
Native Claims Settlement Act (ANCSA) corporations are separate
from those related to shareholder meetings for other
corporations. He questioned whether the allowance for
electronic communication extends to Alaska Native corporations.
4:34:40 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), said the section in the bill is
directed to for-profit corporations, and she will provide
clarification as to Alaska Native corporations.
REPRESENTATIVE PRUITT urged Ms. Chambers to contact ANCSA
corporations to hear their concerns about their ability to
safely conduct business.
REPRESENTATIVE THOMPSON directed attention to Section 7 and
asked whether Section 7 allows for medical professionals to
continue to provide telehealth services to their current
patients for medical issues not related to COVID-19.
MS. CHAMBERS said [the provisions in Section 7] would be in
addition to the existing law and would not impair existing
healthcare providers who have the ability to continue to provide
telehealth services under existing law. Section 7 adds a
provision to allow healthcare professionals licensed outside the
state to provide COVID-19 care via telemedicine, during the
course of the COVID-19 emergency.
REPRESENTATIVE PRUITT directed attention to Section 11, which
provides that the Tax Division, Department of Revenue (DOR),
[will provide an extension] for typical tax [payments]; he asked
for the financial effects of the extension on DOR and the
financial standing of the state.
4:38:25 PM
BRANDON SPANOS, Deputy Director, Tax Division, DOR, said the
federal government has changed due [tax] dates for individuals
and corporations up to certain thresholds, and because DOR
conforms to the Internal Revenue Service (IRS), U.S. Department
of the Treasury, tax code, DOR will automatically also extend
tax dates for C corporations; however, the bill will extend due
dates for all other tax types, except for oil and gas property
and production taxes. In regard to the cost of the bill's
provisions to DOR, he acknowledged there will be the cost of
reprogramming and notifications; however, DOR feels this
capacity should be in place anyway - in case of natural
disasters - and DOR will utilize available resources to proceed
with reprogramming with or without passage of the bill.
REPRESENTATIVE PRUITT surmised the state will still receive tax
payments and asked whether the delay will impact the state's
ability to manage its finances.
MR. SPANOS confirmed the delay will affect when the state
receives payments from taxpayers: as set by federal
regulations, C corporation payments that would have been
received earlier will be received in July; payments for other
tax types, such as excise taxes from fishing, mining, and other
industries, will be delayed. For example, the state collects
approximately $2 million per month in marijuana industry taxes,
which would not be due until July, but the state will receive
all of the payments due.
REPRESENTATIVE PRUITT asked, "Do you see us being short this
year because some of this revenue will not be received until the
next fiscal year?"
MR. SPANOS deferred to the Division of Finance, Department of
Administration or the Treasury Division, DOR.
CHAIR KOPP indicated a response to Representative Pruitt's
question would be forthcoming.
REPRESENTATIVE JOHNSTON asked DOR to provide a model of the
state's cash flow needed in the Constitutional Budget Reserve
Fund.
REPRESENTATIVE THOMPSON, as an aside, informed the committee the
deadline for nonprofits to apply for Pick.Click.Give. [Permanent
Fund Dividend Charitable Contributions Program] is March 31;
furthermore, the application must include a fee, and copies of
the nonprofit's current tax return and single audit. Even
though, at this time, many nonprofits are unable to comply,
regulations state incomplete applications are to be denied.
However, Representative Thompson was notified today that
nonprofits can use last year's tax returns and audit for
applications.
4:45:00 PM
REPRESENTATIVE KOPP noted other issues have been raised related
to the permanent fund dividend (PFD) such as, Alaskans who are
out of state need to return in order to comply with residency
requirements. He said he was unsure as to whether these issues
could be addressed by the administration during its review of
PFD applications or should be addressed by the disaster
declaration.
4:46:11 PM
CHAIR KOPP opened public testimony on HB 311. After
ascertaining no one wished to testify, he closed public
testimony.
[HB 311 was held over.]
4:47:55 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 4:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0311 ver A.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-1-2-032320-CED-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-2-2-032320-CED-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-3-2-032320-GOV-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-4-2-032320-GOV-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-5-2-032320-DHS-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-6-2-032320-DHS-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-7-2-032320-DPS-N.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-8-2-032320-REV-Y.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-9-2-032320-MVA-Y.PDF |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311 Section Leads and Points of Contact.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311 Sectional Analysis.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311 Transmittal Letter.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311-10-2-032320-DOR-N.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB 311 Letter of Support Fresenius 3.24.20.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB 311 Summary of Changes House Rules CS Version M.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB0311 House Rules CS Version M.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB 311 Sectional Analysis to Version M.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB 311 Letter Alaska State Medical Association 3.24.20.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |
| HB 311 Letter Alaska Realtors Association 3.24.20.pdf |
HRLS 3/24/2020 3:00:00 PM |
HB 311 |