Legislature(2019 - 2020)DAVIS 106
03/25/2020 01:00 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| SB241 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 241 | TELECONFERENCED | |
| += | HB 311 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
March 25, 2020
6:14 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
OTHER LEGISLATORS PRESENT
Representative Grier Hopkins
Representative Ivy Spohnholz
Representative Andy Josephson
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 241(RLS) AM
"An Act extending the March 11, 2020, governor's declaration of
a public health disaster emergency in response to the novel
coronavirus disease (COVID-19) pandemic; relating to the COVID-
19 outbreak; relating to a financing plan; relating to standing
orders of the chief medical officer; relating to occupational
and professional licensing; relating to telemedicine and
telehealth; relating to fingerprinting requirements; relating to
elections in calendar year 2020; relating to permanent fund
dividend applications; relating to automatic voter registration;
relating to tax filings, payments, and penalties; relating to
shareholder meetings; relating to the teachers' retirement
system and the Public Employees' Retirement System of Alaska;
providing for electronic and videoconference notification,
verification, and acknowledgment of documents; and providing for
an effective date."
- MOVED HCS CSSB 241(RLS) AM OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 241
SHORT TITLE: EXTENDING COVID 19 DISASTER EMERGENCY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/22/20 (S) READ THE FIRST TIME - REFERRALS
03/22/20 (S) RLS
03/23/20 (S) RLS WAIVED PUBLIC HEARING NOTICE,RULE
23 & UR 24B
03/23/20 (S) RLS RPT CS 4DP 1AM NEW TITLE
03/23/20 (S) DP: COGHILL, GIESSEL, HOFFMAN, VON
IMHOF
03/23/20 (S) AM: BEGICH
03/23/20 (S) RLS AT 11:15 AM BUTROVICH 205
03/23/20 (S) Moved CSSB 241(RLS) Out of Committee
03/23/20 (S) MINUTE(RLS)
03/25/20 (H) RLS AT 1:00 PM DAVIS 106
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, described the changes to
CSSB 241(RLS) am, identified as Version U.A. of the bill, and
answered questions.
ERROL CHAMPION, Real Estate Broker; Chair
Legislative Issues Committee
Alaska Association of Realtors
Juneau, Alaska
POSITION STATEMENT: Proposed an amendment during the hearing on
CSSB 241(RLS) am.
NILS ANDREASSEN, Executive Director
Alaska Municipal League
Juneau, Alaska
POSITION STATEMENT: Requested an amendment and answered a
question during the hearing on CSSB 241(RLS) am.
CORI MILLS, Senior Assistant Attorney General
Labor and State Affairs Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 241(RLS) am.
GAIL FENUMIAI, Director
Central Office
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered a question during the hearing on
CSSB 241(RLS) am.
ACTION NARRATIVE
6:14:11 PM
CHAIR CHUCK KOPP called the House Rules Standing Committee
meeting to order at 6:14 p.m. Representatives Pruitt, Stutes,
Edgmon, Johnston, Thompson, Johnson, and Kopp were present at
the call to order. Also present were Representatives Hopkins,
Spohnholz, and Josephson.
SB 241-EXTENDING COVID 19 DISASTER EMERGENCY
6:14:53 PM
CHAIR KOPP announced the only order of business would be CS FOR
SENATE BILL NO. 241(RLS) am, "An Act extending the March 11,
2020, governor's declaration of a public health disaster
emergency in response to the novel coronavirus disease (COVID-
19) pandemic; relating to the COVID-19 outbreak; relating to a
financing plan; relating to standing orders of the chief medical
officer; relating to occupational and professional licensing;
relating to telemedicine and telehealth; relating to
fingerprinting requirements; relating to elections in calendar
year 2020; relating to permanent fund dividend applications;
relating to automatic voter registration; relating to tax
filings, payments, and penalties; relating to shareholder
meetings; relating to the teachers' retirement system and the
Public Employees' Retirement System of Alaska; providing for
electronic and videoconference notification, verification, and
acknowledgment of documents; and providing for an effective
date."
6:15:36 PM
GRACE ERVINE, Staff, Representative Chuck Kopp, Alaska State
Legislature, directed attention to a document included in the
committee packet, entitled "Sectional Summary for CS for SB 241
version U.A: Extending COVID-19 Disaster Emergency," in which
amendments that were made by the Senate were highlighted. She
pointed out in Section 4, a change was made to include orders
establishing retail sanitation procedures to the standing orders
of the chief medical officer. In Section 6, a change was made
that allows the director of boards and commissions to prevent
increases to licensing fees during the emergency declaration
period. In Section 10, a change was made to the permanent fund
dividend (PFD) application deadline. Ms. Ervine explained that
previous versions of the bill disallowed the automatic voter
registration process through the proposed PFD application
extended deadline of April 30, 2020; the provision was removed
by a Senate floor amendment thus directing that the automatic
voter registration would continue through April 30, 2020. In
Section 12, the title [was changed from Shareholder Meetings to
Electronic and Videoconference Communications], and a provision
was added to allow electronic notarization of documents.
Finally, new Section 13 was added, which read [original
punctuation provided]:
Section 13 Cost of Living Adjustments under PERS and
TRS
Allows for retirees under PERS and TRS to continue to
receive their cost of living allowance if notification
is given to the Department of Administration that they
will be absent longer than 90-days. The notification
would need to include rationale that the absence is
based on protective measures, quarantine, or otherwise
related to preventing the spread of COVID-19.
6:18:52 PM
CHAIR KOPP opened public testimony on CSSB 241(RLS) am.
6:19:09 PM
ERROL CHAMPION, Real Estate Broker; Chair, Legislative Issues
Committee, Alaska Association of Realtors, proposed an amendment
to the bill on page 10, following line 9, from which he read as
follows [document not provided]:
Insert a new subsection to read: "(c) Notwithstanding
AS 10.20.061-10.20.076, a meeting of the members of a
nonprofit corporation organized under AS 10.20,
including meeting notice and determination of a
quorum, may be held by electronic communication to the
extent of the corporation's board authorization and
adopts guidelines to govern an electronic meeting."
MR. CHAMPION said the purpose of the [amendment] is to avoid the
requirement for travel for nonprofit corporations, such as the
Alaska Association of Realtors, and thus avoid congregations of
large numbers of people while still encouraging participation by
members from across the state.
6:21:11 PM
NILS ANDREASSEN, Executive Director, Alaska Municipal League,
requested an amendment to the bill to provide flexibility to
municipal governments so they can focus on their responses to
the coronavirus. Mr. Andreassen said the amendment should allow
municipalities to extend deadlines and requirements under [AS
29. Municipal Government. (AS 29.)], such as property tax
notices, budgets, mill levies, administrative hearing deadlines,
and expirations of licensing permits and registrations. He
pointed out at this time local government managers are focused
on response and compliance with state actions.
CHAIR KOPP supported the need for municipal governments to waive
municipal deadlines.
6:23:54 PM
CHAIR KOPP, after ascertaining no one further wished to testify,
closed public testimony on CSSB 241(RLS) am.
6:24:22 PM
CHAIR KOPP moved to adopt Amendment 1, labeled 31-GS2260\U.A.16,
Marx, 3/25/20, which read:
Page 1, lines 9 - 10:
Delete "providing for electronic and
videoconference notification, verification, and
acknowledgment of documents;"
Page 10, lines 2 - 3:
Delete "ELECTRONIC AND VIDEOCONFERENCE
COMMUNICATIONS AUTHORIZED."
Insert "MEETINGS OF SHAREHOLDERS; NOTICE OF
SHAREHOLDER MEETINGS."
Page 10, lines 10 - 23:
Delete all material.
REPRESENTATIVE JOHNSTON objected for discussion purposes.
MS. ERVINE explained Amendment 1 would remove the provision
related to electronic notarization of documents [Section 12].
The Department of Law expressed concerns that electronic
notarization of documents would fail to provide adequate
consumer protection or prevent fraud. In addition, should the
committee seek to provide for electronic notarization of
documents, she advised HB 124, currently awaiting transmittal to
the governor, addressed this issue.
REPRESENTATIVE PRUITT asked why the provision for electronic
notarization was included in the bill.
MS. ERVINE said the electronic notarization portion was added by
the Senate.
6:26:42 PM
CORI MILLS, Senior Assistant Attorney General, Labor and State
Affairs Section, Department of Law (DOL), explained the original
bill did not include a provision for electronic notarization.
After review of the amendment that added the provision for
electronic notarization, DOL determined the provision could
allow fraud and potential litigation related to verification of
documents and identification of signatories. However, [House
Bill 124, passed in the Thirty-first Alaska State Legislature]
included many security measures to ensure electronic
notarization and acknowledgements are executed appropriately.
She restated that deletion of the provision addresses DOL's
concerns about videoconferencing notarizations.
6:28:05 PM
REPRESENTATIVE JOHNSTON removed her objection. There being no
further objection, Amendment 1 was adopted.
6:28:37 PM
REPRESENTATIVE KOPP moved to adopt Amendment 2, labeled 31-
GS2260\U.A.6, Fisher/Marx, 3/25/20, which read:
Page 1, lines 8 - 9:
Delete "relating to the teachers' retirement
system and the Public Employees' Retirement System of
Alaska;"
Page 10, line 24, through page 11, line 16:
Delete all material.
Renumber the following bill sections accordingly.
Page 11, line 17:
Delete "6 - 13"
Insert "6 - 12"
REPRESENTATIVE JOHNSTON objected for discussion purposes.
MS. ERVINE explained Amendment 2 removes the provision to
provide retirees of the Teachers' Retirement System (TRS) and
the Public Employees' Retirement System (PERS) the ability to
extend their allowable absence and still receive a cost of
living allowance (COLA). She said the [Division of Retirement
and Benefits (DRB)], Department of Administration (DOA),
currently works with retirees' individual circumstances, and she
directed attention to a document, included in the committee
packet and provided by DOA, which further explains the
department's position in detail. As indicated by DOA, the
provision would create confusion and would not assist DRB in its
tasks.
6:29:59 PM
REPRESENTATIVE JOHNSTON removed her objection. There being no
further objection, Amendment 2 was adopted.
6:30:22 PM
CHAIR KOPP moved to adopt Amendment 3, labeled 31-GS2260\U.A.7,
Fisher/Marx, 3/25/20, which read:
Page 5, lines 7 - 8:
Delete "The chief medical officer may issue
standing orders establishing sanitation procedures for
retail sellers."
Page 5, line 30:
Delete "(1)"
Page 5, line 31:
Delete ";"
Insert "."
Page 6, lines 1 - 5:
Delete all material.
REPRESENTATIVE JOHNSTON objected for discussion purposes.
MS. ERVINE explained that Amendment 3 removes a provision [in
Section 4]. The Department of Health and Social Services (DHSS)
has provided clarification that it currently holds statutory
authority to perform certain sanitation functions; further, DHSS
expressed concerns the provision may expand the role of the
chief medical officer in an unforeseen manner.
6:31:30 PM
REPRESENTATIVE JOHNSTON removed her objection. There being no
further objection, Amendment 3 was adopted.
REPRESENTATIVE PRUITT suggested a change in the order of
proposed amendments.
REPRESENTATIVE EDGMON moved to adopt [Amendment 4, labeled 31-
GS2260\U.A.13, Marx, 3/25/20, identified on the audio recording
as Amendment 7] which read:
Page 3, line 11:
Delete "September 1"
Insert "November 15"
Page 3, line 16:
Delete "September 1"
Insert "November 15"
Page 6, line 18:
Delete "November 1, 2020"
Insert "January 15, 2021"
Page 7, line 1:
Delete "September 1"
Insert "November 15"
Page 11, line 18 :
Delete "September 1"
Insert "November 15"
Page 11, line 22:
Delete "November 2, 2020"
Insert "January 16, 2021"
REPRESENTATIVE JOHNSTON objected for discussion purposes.
REPRESENTATIVE EDGMON said the purpose of Amendment [4] was to
extend the public health disaster declaration from September 1,
2020, to November 15, 2020, as well as to the dates for reports
and findings in the licensing section of the bill. He cautioned
that due to possible quarantine, the legislature may be unable
to return to the State Capitol prior to September 1 to extend
the declaration, and thus the provisions in the bill would be
lost. Representative Edgmon explained the amendment would give
the legislature additional time from September 1 to November 15
to reconvene, or convene in a special session, to address issues
related to the coronavirus.
REPRESENTATIVE JOHNSTON directed attention to the bill on page
9, lines 7-11, which read:
ELECTIONS: LIEUTENANT GOVERNOR. (a) Notwithstanding
any provision in AS 15.15 or AS 15.20 to the contrary,
the lieutenant governor may, after consultation with
the commissioner of health and social services, direct
that a primary or statewide special election to be
held in the state in calendar year 2020 be held in the
same manner as an election by mail under AS 15.20.800.
REPRESENTATIVE JOHNSTON asked whether the extension of the date
would grant the Division of Elections, Office of the Lieutenant
Governor, the authority to direct a general election to be held
by mail.
6:36:43 PM
CHAIR KOPP pointed out the bill speaks to only a primary or
statewide special election.
MS. ERVINE acknowledged a previous version of the bill included
general elections and was amended to apply to primary elections.
REPRESENTATIVE JOHNSTON restated her question.
6:37:53 PM
GAIL FENUMIAI, director, Central Office, Division of Elections
("division"), Office of the Lieutenant Governor, opined as
currently written the bill would not include the general
election because the extension period for the bill is through
September 1, [2020]. She deferred to DOL.
REPRESENTATIVE KOPP clarified Representative Johnston's
question:
It's not just about the extension of the declaration
of emergency from September first to November
fifteenth, specifically, because language in the bill
now only speaks to vote-by-mail in primary and special
elections. If the date is extended to November
fifteenth, could it be interpreted that this would
include general election also?
MS. MILLS confirmed that the version of the bill introduced by
the governor included primary or general election; she pointed
out that statewide special elections can already be done by mail
at the discretion of the division and the lieutenant governor.
In a subsequent version of the bill, the date for the disaster
declaration was changed to September 1, [2020], and general
election was removed and replaced by statewide special election;
in the current version, if Amendment [4, labeled U.A.13] is
adopted to extend the date, the division would hold the general
election in person as per its normal procedure, and the
lieutenant governor would not have the discretion to allow a
general election to be held by mail.
REPRESENTATIVE EDGMON urged the committee to support the
amendment.
CHAIR KOPP directed attention to the bill on page 6, lines [17
and 18], which read [in part]:
The governor shall submit a final report not later
than November 1, 2020, or 60 days after the date the
governor determines under sec. 2 of this Act
CHAIR KOPP noted the amendment would also affect when the
aforementioned report from the governor's office is due to the
legislature.
REPRESENTATIVE EDGMON advised the amendment moves the final
report from November 1, 2020, to January 15, 2021.
6:42:14 PM
REPRESENTATIVE JOHNSTON removed her objection. There being no
further objection, Amendment [4] was adopted.
6:42:41 PM
REPRESENTATIVE KOPP moved to adopt [Amendment 5, labeled 31-
GH2260\U.A.10, Bruce/Marx, 3/25/20, identified on the audio
recording as Amendment 4] which read:
Page 1, line 10, following "documents;":
Insert "relating to municipal government
deadlines;"
Page 11, following line 16:
Insert a new bill section to read:
"* Sec. 14. The uncodified law of the State of
Alaska is amended by adding a new section to read:
MUNICIPAL GOVERNMENT DEADLINES. Notwithstanding
any provision in AS 29 to the contrary, a deadline
established under AS 29 that occurs on or after the
effective date of this Act is extended until the
earlier of
(1) September 1, 2020; or
(2) the date the governor determines, under
sec. 2 of this Act, that the public health disaster
emergency no longer exists."
Renumber the following bill sections accordingly.
Page 11, line 17:
Delete "6 - 13"
Insert "6 - 14"
REPRESENTATIVE THOMPSON objected for discussion purposes.
MS. ERVINE explained the intent of the amendment was to allow
municipalities to extend deadlines that fall under [AS 29.].
6:43:33 PM
REPRESENTATIVE PRUITT questioned whether the [September 1,
2020,] date reflected in the amendment should be changed to
[November 15, 2020,] in order to conform to the changes made by
the adoption of [Amendment 4, labeled 31-GS2260\U.A.13].
REPRESENTATIVE KOPP asked Mr. Andreassen whether the Alaska
Municipal League would support extending the [AS 29.] deadline
waivers to November 15, 2020.
MR. ANDREASSEN said extending the deadline would be helpful to
local governments' preparation, response, and recovery efforts,
and an extension into November would make a lot of sense from a
municipal perspective.
6:45:08 PM
REPRESENTATIVE PRUITT moved to adopt Conceptual Amendment 1 to
Amendment [5], that would delete September 1, [2020,] and insert
November 15, [2020].
REPRESENTATIVE KOPP objected for discussion purposes.
REPRESENTATIVE PRUITT added that the change brought about by the
conceptual amendment would be to the bill on page 11. In
response to Representative Edgmon, he clarified the changes
would be made by a new section added to the bill.
CHAIR KOPP removed his objection.
[The committee treated Conceptual Amendment 1 to Amendment 5 as
adopted.]
REPRESENTATIVE JOHNSON returned attention to the adopted
Amendment [4].
6:47:18 PM
The committee took a brief at-ease.
REPRESENTATIVE JOHNSON asked when the next legislature would be
seated and if the dates in the proposed bill and amendments
would affect the next legislative session.
MS. ERVINE said the next legislature would convene on 1/19/21
thus, at this point, none of the provisions adopted in Amendment
[4] would interfere; in fact, the reporting requirements were
originally drafted to 60 days after the disaster declaration
sunset and the language in the amendment was drafted to conform.
REPRESENTATIVE EDGMON further explained the report [from the
governor] would be presented to the legislature 1/15/21, four
days before the new legislature convenes.
6:49:28 PM
REPRESENTATIVE THOMPSON removed his objection to Amendment [5].
There being no further objection, Amendment [5], as amended, was
adopted.
6:50:03 PM
REPRESENTATIVE KOPP moved to adopt [Amendment 6, labeled 31-
GS2260\U.A.9, Bannister/Marx, 3/25/20 and referred to in the
audio recording as Amendment 5] which read:
Page 10, following line 9:
Insert a new subsection to read:
"(c) Notwithstanding AS 10.20.061 - 10.20.076, a
meeting of the members of a nonprofit corporation
organized under AS 10.20, including meeting notice and
determination of a quorum, may be held by electronic
communication to the extent the corporation's board
authorizes and adopts guidelines to govern an
electronic meeting."
Reletter the following subsections accordingly.
Page 10, line 20:
Delete "(c) and (d)"
Insert "(d) and (e)"
REPRESENTATIVE THOMPSON objected for discussion purposes.
MS. ERVINE explained [CSSB 241(RLS) am] currently allows for-
profit corporations to provide electronic notice and
participation; the amendment would expand that provision to
nonprofit corporations operating under [AS 10.20: Alaska
Nonprofit Corporation Act].
REPRESENTATIVE EDGMON pointed out the provision for both for-
profit and nonprofit corporations would be limited to the period
of the disaster declaration.
MS. ERVINE confirmed the provision would exist solely within the
confines of the disaster declaration.
6:51:34 PM
REPRESENTATIVE THOMPSON removed his objection. There being no
further objection, Amendment [6] was adopted.
6:51:49 PM
REPRESENTATIVE PRUITT moved to adopt [Amendment 7, labeled 31-
GS2260\U.A.14, Bannister, 3/25/20, identified on the audio
recording as Amendment 6], which read:
Page 10, following line 9:
Insert a new subsection to read:
"(c) Notwithstanding AS 10.20.061 - 10.20.076, a
meeting, including the notice of the meeting and
determination of a quorum, of the members of a
corporation subject to AS 10.20, including a village
corporation organized under 43 U.S.C. 1601 et seq.
(Alaska Native Claims Settlement Act) and a Native
corporation formed under AS 10.06, may be held by
electronic communication to the extent the
corporation's board authorizes and adopts guidelines
to govern an electronic meeting."
Reletter the following subsections accordingly.
Page 10, line 20:
Delete "(c) and (d)"
Insert "(d) and (e)"
REPRESENTATIVE THOMPSON objected for discussion purposes.
REPRESENTATIVE PRUITT explained that governance of Alaska Native
corporations falls under statutes separate from those that apply
to for-profit and nonprofit corporations; Amendment 7 would also
allow Alaska Native corporations to decide whether to [adopt
guidelines to govern electronic meetings] during the present
crisis.
REPRESENTATIVE THOMPSON pointed out [the adopted Amendment 6 and
the proposed Amendment 7] would make changes to the bill on page
10, following line 9. He surmised the amendments would be
drafted to conform with the bill.
MS. ERVIN confirmed that if the bill was moved from committee,
then with permission, Legislative Legal Services would make
conforming changes to the bill.
6:53:08 PM
The committee took a brief at-ease at 6:53 p.m.
REPRESENTATIVE THOMPSON removed his objection. There being no
further objection, Amendment [7] was adopted.
CHAIR KOPP noted additional amendments to the bill would be
addressed on the House floor.
6:54:29 PM
REPRESENTATIVE THOMPSON moved to report CSSB 241(RLS) am, as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 241(RLS) was reported from the House Rules Standing
Committee.
CHAIR KOPP stated that Legislative Legal Services is granted
authority to make conforming and technical changes to the
language in the bill.
6:55:50 PM
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 6:56 p.m.