00 Enrolled SB 241 01 Extending the March 11, 2020, governor's declaration of a public health disaster emergency in 02 response to the novel coronavirus disease (COVID-19) pandemic; providing for a financing 03 plan; making temporary changes to state law in response to the COVID-19 outbreak in the 04 following areas: standing orders of the chief medical officer; occupational and professional 05 licensing, practice, and billing; telehealth; fingerprinting requirements for health care 06 providers; elections in calendar year 2020; permanent fund dividend applications and 07 eligibility; state tax filings, payments, and penalties; corporations; state and municipal 08 government deadlines; the Alaska regional economic assistance program; Medicaid and 09 public assistance; workers' compensation; sanitation standards for retail sellers; actions by the 10 Regulatory Commission of Alaska; utilities and residential utility service; power cost 11 equalization; forbearance of specified state loans; foreclosures; evictions; wills; repossessions; 01 access to federal stabilization funds; seafood purchase and distribution; homelessness; 02 administrative hearings; and liability for issuing, providing, or manufacturing personal 03 protective equipment; and providing for an effective date. 04 _______________ 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 FINDINGS. (a) The legislature finds that 08 (1) in December 2019, a novel coronavirus known as severe acute respiratory 09 syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan, Hubei province, 10 People's Republic of China, leading to outbreaks of novel coronavirus disease (COVID-19) 11 that have now spread globally; 12 (2) on January 31, 2020, the United States Secretary of Health and Human 13 Services declared a public health emergency under 42 U.S.C. 247d (Public Health Service 14 Act); 15 (3) to date, 50 states have confirmed cases of COVID-19, including 16 confirmation of community transmission of COVID-19; 17 (4) on March 11, 2020, the commissioner of health and social services 18 certified to the governor that there is a high probability that COVID-19 presents a credible 19 threat of an imminent outbreak of the disease in the state, meeting the definition of disaster 20 under AS 26.23.900(2)(E); 21 (5) on March 11, 2020, the governor issued a declaration of a public health 22 disaster emergency under AS 26.23.020 in anticipation of the spread of COVID-19 to the 23 state; 24 (6) in the disaster declaration issued March 11, 2020, the governor found that 25 a statewide response under AS 18.15.390 is required to address the public health disaster 26 emergency and authorized the commissioner of health and social services and the adjutant 27 general of military and veterans' affairs to take all actions necessary to address the public 28 health disaster emergency; 29 (7) on March 12, 2020, the Department of Health and Social Services and the 30 governor announced that the first case of COVID-19 was diagnosed in an individual in 01 Anchorage; 02 (8) additional cases of COVID-19 are being diagnosed across the state; 03 (9) the chief medical officer in the Department of Health and Social Services 04 and the commissioner of health and social services have determined that it will take months of 05 monitoring and active public health management, including closing public facilities, limiting 06 public events, and establishing quarantine and isolation protocols and enforcement under 07 AS 18.15.390, to contain the spread of COVID-19; 08 (10) the adjutant general of the Alaska organized militia has determined that it 09 may be necessary for the Department of Military and Veterans' Affairs, under the guidance of 10 the commissioner of health and social services, to use personnel and other resources of the 11 Department of Health and Social Services to institute actions under AS 26.23.020, including 12 provisions to perform or facilitate performance of disaster emergency services. 13 (b) Based on the findings in (a) of this section, the legislature finds that it is in the 14 best interest of the state to extend the public health disaster emergency declaration issued by 15 the governor on March 11, 2020, and all the powers granted under AS 18.15.390 and 16 AS 26.23.020, to November 15, 2020. 17 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 PUBLIC HEALTH DISASTER EMERGENCY; EXTENSION OF DISASTER 20 EMERGENCY. (a) Under AS 26.23.020(c), the Alaska State Legislature extends to 21 November 15, 2020, the declaration of a public health disaster emergency issued by the 22 governor on March 11, 2020. The extension under this subsection includes an order, 23 proclamation, or regulation issued under AS 26.23.020 and an action taken by the Department 24 of Health and Social Services under the authority granted to the Department of Health and 25 Social Services under AS 18.15.390. 26 (b) Notwithstanding (a) of this section, if the commissioner of health and social 27 services certifies to the governor that there is no longer a present outbreak of novel 28 coronavirus disease (COVID-19) or a credible threat of an imminent outbreak of COVID-19, 29 the governor shall issue a proclamation that the public health disaster emergency identified in 30 the declaration issued by the governor on March 11, 2020, no longer exists as of a date 31 determined by the governor. The certification must be based on specific information received 01 from a state or federal agency or another source that the commissioner determines to be 02 reliable. 03 (c) The governor shall submit a proclamation issued under (b) of this section to the 04 revisor of statutes, the president of the senate, the speaker of the house of representatives, and 05 the lieutenant governor. 06 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 PUBLIC HEALTH DISASTER EMERGENCY; FINANCING PLAN. (a) Under 09 AS 26.23.020(k), the Alaska State Legislature approves this financing plan for the declaration 10 of a public health disaster emergency issued by the governor on March 11, 2020, as extended 11 by sec. 2 of this Act, and provides that the following appropriations and authorizations may be 12 used to cope with the public health disaster emergency: 13 (1) the appropriations made in sec. 8, ch. 2, SLA 2020; 14 (2) the appropriations made in sec. 10, SCS CSHB 234(FIN), Department of 15 Health and Social Services, Thirty-First Alaska State Legislature; 16 (3) the authorization made in sec. 1, CCS HB 205, Department of Health and 17 Social Services, Thirty-First Alaska State Legislature, allowing for up to $20,000,000 in 18 transfers between all appropriations made in the Department of Health and Social Services, 19 except for transfers from the Medicaid services appropriation; 20 (4) the appropriations made in CCS HB 205, Department of Health and Social 21 Services, Thirty-First Alaska State Legislature, 22 (A) of federal receipts received during the fiscal year ending June 30, 23 2021, for Medicaid services; and 24 (B) to the Department of Health and Social Services public health 25 emergency response for the purpose of responding to the novel coronavirus disease 26 (COVID-19) public health disaster emergency; and 27 (5) the appropriation made in CCS HB 205, Thirty-First Alaska State 28 Legislature, to the disaster relief fund under AS 26.23.300(a). 29 (b) The governor may not expend more than a cumulative total of $10,000,000 of the 30 assets of the disaster relief fund under AS 26.23.020(h) - (k) or 26.23.300(b) in response to 31 the declaration of a public health disaster emergency issued by the governor on March 11, 01 2020, as extended by sec. 2 of this Act. 02 (c) Notwithstanding AS 26.23.050(b), the expenditure of state funds to cope with the 03 effects of the declaration of a public health disaster emergency issued by the governor on 04 March 11, 2020, as extended by sec. 2 of this Act, is limited to the appropriations and 05 expenditure authority identified in (a) and (b) of this section. 06 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 STANDING ORDERS. (a) The chief medical officer in the Department of Health and 09 Social Services, or, if the chief medical officer is incapacitated, the chief medical officer's 10 designee, shall issue standing orders for public health agents and health care providers related 11 to essential public health services and functions and in response to conditions of public health 12 importance that are related to novel coronavirus disease (COVID-19). Standing orders shall 13 be effective until retracted or for the duration of the public health disaster emergency 14 declaration issued by the governor on March 11, 2020, as extended by sec. 2 of this Act. 15 (b) The chief medical officer in the Department of Health and Social Services is not 16 liable for civil damages resulting from an act or omission in issuing a standing order 17 authorized under this section if 18 (1) the standing order 19 (A) is issued to health care providers; 20 (B) is required to mitigate the COVID-19 public health disaster 21 emergency; and 22 (C) contains sufficient information in support of the need for a 23 standing order; and 24 (2) the chief medical officer provides sufficient education or training required 25 to properly implement the standing order, including training manuals, video recordings, and 26 other reasonable means of implementing the standing order. 27 (c) Except as provided in (d) of this section, a public health agent or health care 28 provider who takes action based on a standing order issued by the chief medical officer is not 29 liable for civil damages resulting from an act or omission in implementing the standing order. 30 (d) Nothing in this section precludes liability for civil damages as a result of gross 31 negligence, recklessness, or intentional misconduct. 01 (e) In this section, "essential public health services and functions," "health care 02 provider," and "public health agent" have the meanings given in AS 18.15.395. 03 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 REPORTS. Beginning May 1, 2020, the governor shall electronically submit, on the 06 first day of each month, a report to the president of the senate and the speaker of the house of 07 representatives that lists the expenditures used to cope with the public health disaster 08 emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, 09 and identifies all actions taken by the governor, the Department of Health and Social Services, 10 the Department of Military and Veterans' Affairs, and other state agencies directly related to 11 the prevention, control, and status of novel coronavirus disease (COVID-19) cases in the 12 state. The report must include an explanation, made without disclosing information that would 13 identify individuals, of any activities related to the isolation or quarantine of individuals to 14 contain the spread of COVID-19. The governor shall submit a final report not later than 15 January 15, 2021, or 60 days after the date the governor determines, under sec. 2 of this Act, 16 that the public health disaster emergency no longer exists, whichever is earlier. Each report 17 submitted under this section must include cumulative information. 18 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 PROFESSIONAL AND OCCUPATIONAL LICENSING. (a) Notwithstanding any 21 other provision of law, during the novel coronavirus disease (COVID-19) public health 22 disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this 23 Act, a professional or occupational licensing board listed in AS 08.01.010, or the director, 24 with respect to a profession regulated by the Department of Commerce, Community, and 25 Economic Development, 26 (1) may not increase licensing fees; and 27 (2) may grant a license, permit, or certificate on an expedited basis to an 28 individual who holds a corresponding license, permit, or certificate in good standing in 29 another jurisdiction to the extent necessary to respond to the public health disaster emergency; 30 a license expedited under this section expires on the earlier of 31 (A) November 15, 2020; or 01 (B) the date the governor determines, under sec. 2 of this Act, that the 02 public health disaster emergency no longer exists. 03 (b) Notwithstanding any other provision of law and to the extent necessary to respond 04 to the public health disaster emergency, a board listed in AS 08.01.010, the commissioner of 05 commerce, community, and economic development, or the director, as applicable, may take 06 additional action necessary to protect public health, safety, and welfare, including 07 (1) temporarily waiving or modifying the continuing education requirements 08 required for licensees to renew a professional license, permit, or certificate in calendar year 09 2020; 10 (2) regulating the scope and duration of any license, permit, or certificate 11 issued under this section; 12 (3) requiring any individual granted a license, permit, or certificate under this 13 section to arrange and agree to supervision, in person or by other means, by an individual who 14 holds a license, permit, or certificate in good standing for the applicable profession or by an 15 administrator of a facility licensed under AS 47.32. 16 (c) An individual seeking or holding an expedited license, permit, or certificate under 17 this section who travels to the state from outside the state must comply with travel restrictions 18 ordered or guidelines recommended by the Centers for Disease Control and Prevention, 19 United States Department of Health and Human Services, that are in effect at the time the 20 individual arrives in the state. 21 (d) In this section, "director" means the director of the division in the Department of 22 Commerce, Community, and Economic Development responsible for business and 23 professional licensing. 24 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of 27 law, during the novel coronavirus disease (COVID-19) public health disaster emergency 28 declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of 29 this Act, the provisions of AS 08.64.170 and AS 08.68.160 do not apply to a health care 30 provider who is providing treatment, rendering a diagnosis, or prescribing, dispensing, or 31 administering a prescription, excluding a controlled substance listed under AS 11.71.140 - 01 11.71.190, through telehealth as defined in AS 47.05.270(e), without first conducting an in- 02 person physical examination, if 03 (1) the health care provider is licensed, permitted, or certified to provide 04 health care services in another jurisdiction and is in good standing in the jurisdiction that 05 issued the license, permit, or certification; 06 (2) the health care services provided without an in-person physical 07 examination are within the provider's authorized scope of practice in the jurisdiction that 08 issued the provider's license, permit, or certification; 09 (3) in the event that the health care provider determines that the encounter will 10 extend beyond the scope of practice or scope of services described in this section, the health 11 care provider advises the patient that the health care provider is not authorized to provide the 12 services to the patient, recommends that the patient contact a health care provider licensed in 13 the state, and terminates the encounter. 14 (b) The amount charged by a health care provider for services provided under this 15 section must be reasonable and consistent with the ordinary fees typically charged for that 16 service and may not be more than five percent above the ordinary fees typically charged for 17 that service. A health care provider who is required to terminate an encounter under (a)(3) of 18 this section may not charge for any services provided during the encounter. 19 (c) Notwithstanding any other provision of law, during the COVID-19 public health 20 disaster emergency, the commissioner of health and social services may waive any state law 21 or regulation if compliance would substantially prevent or impede the provision of health care 22 services under this section. Nothing in this subsection may be construed to abrogate authority 23 granted to the commissioner of health and social services under AS 18.15.390. 24 (d) In this section, "health care provider" has the meaning given in AS 18.15.395. 25 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 FINGERPRINTING. For the duration of the novel coronavirus disease (COVID-19) 28 public health disaster emergency declaration issued by the governor on March 11, 2020, as 29 extended by sec. 2 of this Act, the Department of Commerce, Community, and Economic 30 Development shall coordinate with the Department of Health and Social Services and the 31 Department of Public Safety to expedite the process for applicants under AS 08.29, AS 08.36, 01 AS 08.64, AS 08.68, AS 08.71, AS 08.72, AS 08.80, AS 08.84, and AS 08.86 to submit 02 fingerprints. 03 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 ELECTIONS: LIEUTENANT GOVERNOR. (a) Notwithstanding any provision in 06 AS 15.15 or AS 15.20 to the contrary, for the duration of the novel coronavirus disease 07 (COVID-19) public health disaster emergency declaration issued by the governor on 08 March 11, 2020, as extended by sec. 2 of this Act, the director of the division of elections may 09 conduct all elections in the same manner as an election by mail under AS 15.20.800. 10 (b) The director of the division of elections may adopt regulations necessary to 11 implement this section, including emergency regulations. The director shall inform the public 12 if the elections held in calendar year 2020 will be held in the same manner as an election by 13 mail under AS 15.20.800. The director shall inform the public by means including mail, 14 electronic mail, telephone, social media, public service announcements, radio advertisements, 15 television advertisements, web announcements, or print media. 16 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 PERMANENT FUND DIVIDENDS: APPLICATIONS. Notwithstanding 19 AS 43.23.011(a), the application period for a 2020 permanent fund dividend ends April 30, 20 2020. 21 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TAX FILINGS, PAYMENTS, AND PENALTIES. Except for any tax return, report, 24 or payment required under AS 43.55 or AS 43.56, a taxpayer required to file a tax return, 25 including an amended return or an information return or report, to the Department of Revenue 26 or to make a payment to the Department of Revenue for a tax, fee, or other charge under 27 AS 05.15, AS 16.10.455, AS 16.51, or AS 43, on or after the effective date of this Act and 28 before July 15, 2020, shall automatically receive an extension of time until July 15, 2020, to 29 file the return or report, or to make the payment. Because of the application of the extensions 30 in this section, a penalty or interest will not be assessed if the taxpayer complies with the 31 filing and payment requirements on or before July 15, 2020. An extension under this section 01 does not apply to a taxpayer for any return or report required to be filed before the effective 02 date of this Act and any payment of tax, interest, penalty, or other charge due before the 03 effective date of this Act. 04 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 MEETINGS OF SHAREHOLDERS; NOTICE OF SHAREHOLDER MEETINGS; 07 CORPORATIONS. (a) Notwithstanding AS 10.06.405, a meeting of shareholders may be 08 held by electronic communication to the extent the corporation's board authorizes and adopts 09 guidelines to govern an electronic meeting. 10 (b) Notwithstanding AS 10.06.410, a corporation that has distributed or is planning to 11 distribute, on the effective date of this Act, a proxy statement and notice of annual meeting to 12 its shareholders may renotice or notice the annual meeting so that the annual meeting may be 13 held by electronic communication authorized under (a) of this section. 14 (c) Notwithstanding AS 10.20.061 - 10.20.076, a meeting of the members of a 15 nonprofit corporation organized under AS 10.20, including meeting notice and determination 16 of a quorum, may be held by telecommunication to the extent the corporation's board adopts 17 or amends bylaws to allow for an electronic meeting. 18 (d) Notwithstanding (a) - (c) of this section and a provision of AS 10.06 or AS 10.20 19 to the contrary, a meeting, including the notice of the meeting and determination of a quorum, 20 of the shareholders of a Native corporation organized under AS 10.06 or the members of a 21 Native corporation organized under AS 10.20 may be held by electronic communication or 22 telecommunication to the extent the corporation's board of directors authorizes holding 23 meetings by electronic communication or telecommunication and adopts guidelines to govern 24 a meeting held by electronic communication or telecommunication. In this subsection, 25 "Native corporation" means a corporation organized under 43 U.S.C. 1601 et seq. (Alaska 26 Native Claims Settlement Act). 27 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 MUNICIPAL GOVERNMENT DEADLINES. Notwithstanding any provision in 30 AS 29 to the contrary, a deadline established under AS 29 that occurs on or after the effective 31 date of this Act is extended until the earlier of 01 (1) November 15, 2020; or 02 (2) the date the governor determines, under sec. 2 of this Act, that the public 03 health disaster emergency no longer exists. 04 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 ALASKA REGIONAL ECONOMIC ASSISTANCE PROGRAM. (a) 07 Notwithstanding AS 44.33.896, the Department of Commerce, Community, and Economic 08 Development may make grants to organizations for distribution as financial assistance to 09 businesses for operating expenses during the novel coronavirus disease (COVID-19) public 10 health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 11 of this Act. The Department of Commerce, Community, and Economic Development shall 12 distribute grants under this subsection among qualified organizations based on regional 13 population. 14 (b) An organization that receives a grant under (a) of this section shall 15 (1) develop an application procedure for a business to apply for financial 16 assistance; 17 (2) determine the amount of financial assistance for distribution to a business 18 based on the size, assets, resources, financial history, and needs of the business; and 19 (3) provide information requested by the Department of Commerce, 20 Community, and Economic Development for purposes of the report compiled under 21 AS 44.33.896(e). 22 (c) In this section, "organization" has the meaning given in AS 44.33.896. 23 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 WORKERS' COMPENSATION PRESUMPTION OF COMPENSABILITY. (a) 26 Notwithstanding AS 23.30.121, 23.30.395(2), and 23.30.395(24), an employee who contracts 27 the novel coronavirus disease (COVID-19) is conclusively presumed to have contracted an 28 occupational disease arising out of and in the course of employment if, during the public 29 health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 30 of this Act, the employee 31 (1) is employed as a firefighter, emergency medical technician, paramedic, 01 peace officer, or health care provider; 02 (2) is exposed to COVID-19 in the course of employment as a firefighter, 03 emergency medical technician, paramedic, peace officer, or health care provider; and 04 (3) receives a 05 (A) COVID-19 diagnosis by a physician; 06 (B) presumptive positive COVID-19 test result; or 07 (C) laboratory-confirmed COVID-19 diagnosis. 08 (b) In this section, 09 (1) "emergency medical technician" has the meaning given in AS 18.08.200; 10 (2) "firefighter" means 11 (A) a person employed by a state or municipal fire department or who 12 is a member of a volunteer fire department registered with the state fire marshal; or 13 (B) a person registered for purposes of workers' compensation with the 14 state fire marshal as a member of a volunteer fire department; 15 (3) "health care provider" has the meaning given in AS 13.52.390; 16 (4) "paramedic" has the meaning given in AS 12.55.185; 17 (5) "peace officer" has the meaning given in AS 11.81.900. 18 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 ALLOWABLE ABSENCE FOR THE PERMANENT FUND DIVIDEND. 21 Notwithstanding AS 43.23.005(a)(4) and 43.23.008(d), during the novel coronavirus disease 22 (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, 23 as extended by sec. 2 of this Act, an individual otherwise eligible for a permanent fund 24 dividend who has notified the commissioner of revenue or the commissioner's designee that 25 the individual expects to be absent from the state for a continuous period on or after 26 March 11, 2020, remains eligible to receive a permanent fund dividend if the only reason the 27 individual would be ineligible to receive a permanent fund dividend is that the individual was 28 absent from the state because of conduct, including maintaining a voluntary or compulsory 29 quarantine, related to avoiding or preventing the spread of COVID-19. 30 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 31 read: 01 DEPARTMENT OF HEALTH AND SOCIAL SERVICES; RETAIL SELLERS. 02 Notwithstanding any other provision of law, for the duration of the novel coronavirus disease 03 (COVID-19) public health disaster emergency declared by the governor under AS 26.23.020 04 on March 11, 2020, as extended by sec. 2 of this Act, the Department of Health and Social 05 Services may, in coordination with the Department of Military and Veterans' Affairs, establish 06 sanitation procedures for retail sellers. In this section, "retail seller" includes a market, 07 grocery store, convenience store, drug store, or similar establishment that 08 (1) is located in a permanent building; and 09 (2) sells to consumers household supplies, perishable items, or food 10 merchandise, including meat, produce, dairy products, or snack foods. 11 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TOLLING DEADLINES FOR ACTION BY THE REGULATORY COMMISSION 14 OF ALASKA. Notwithstanding a contrary provision of AS 42, including a provision of 15 AS 42.05 or AS 42.08, during the novel coronavirus disease (COVID-19) public health 16 disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this 17 Act, all statutory and regulatory deadlines for action by the Regulatory Commission of Alaska 18 are tolled and failure by the Regulatory Commission of Alaska to act on a filing does not 19 constitute approval or dismissal by the commission. This section does not apply to a statutory 20 or regulatory deadline extended by the commission before March 11, 2020, for good cause 21 under AS 42.05.175(f). 22 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 MORATORIUM ON DISCONNECTION OF RESIDENTIAL UTILITY SERVICE. 25 (a) During the novel coronavirus disease (COVID-19) public health disaster emergency 26 declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, a public utility 27 as defined in AS 42.05.990 may not disconnect for nonpayment the residential utility service 28 of a person experiencing financial hardship related to the COVID-19 public health disaster 29 emergency. A public utility shall make reasonable efforts to reconnect utility service to a 30 dwelling that is occupied by a person experiencing financial hardship related to the COVID- 31 19 public health disaster emergency and that is disconnected for nonpayment on or after 01 March 11, 2020. 02 (b) A person seeking protection under (a) of this section shall, before the date the 03 governor determines, under sec. 2 of this Act, that the COVID-19 public health disaster 04 emergency no longer exists, or before November 15, 2020, whichever is earlier, 05 (1) provide to the public utility a signed statement, sworn under penalty of 06 perjury, that the person is experiencing financial hardship related to the COVID-19 public 07 health disaster emergency; and 08 (2) negotiate and agree to a deferred payment agreement with the utility. 09 (c) This section does not relieve a public utility customer of the obligation to pay for 10 utility service or restrict a public utility's ability to recover an amount due. 11 (d) A utility shall offer a person receiving protection under (a) of this section a 12 deferred payment agreement allowing repayment over a period of time not shorter than the 13 period of time of the public health disaster emergency declared by the governor on March 11, 14 2020, as extended by sec. 2 of this Act. The utility may not impose interest or late fees on a 15 person receiving protection under (a) of this section who fulfills the terms of a deferred 16 payment agreement. 17 (e) Notwithstanding any contrary provision of law, the Regulatory Commission of 18 Alaska and the Alaska Energy Authority may not deny a utility otherwise eligible to receive 19 power cost equalization payments on behalf of a utility customer power cost equalization 20 payments for customers receiving protection under (a) of this section. 21 (f) In this section, 22 (1) "financial hardship" means that a person's liquid assets from any source, 23 including payments from the state or federal government because of the COVID-19 public 24 health disaster emergency or a state or national disaster declaration related to COVID-19, 25 when combined, would be insufficient to pay the reasonable cost of food, housing, health 26 care, and other goods and services vital to the health and wellness of the person and the 27 person's spouse and dependents; in this paragraph, "dependent" has the meaning given in 28 AS 23.20.350(g); 29 (2) "person" means a natural person. 30 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 31 read: 01 REGULATORY ASSETS FOR UNPAID UTILITY BILLS AND 02 EXTRAORDINARY EXPENSES. A utility certificated under AS 42.05 may record 03 regulatory assets, to be recovered through future rates, for uncollectable residential utility bills 04 and extraordinary expenses that result from the novel coronavirus disease (COVID-19) public 05 health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 06 of this Act. The determination as to whether an extraordinary expense resulted from the 07 COVID-19 public health disaster emergency and the amortization periods for the regulatory 08 assets are subject to approval by the Regulatory Commission of Alaska before recovery 09 occurs through future rates. In this section, an "uncollectable residential utility bill" does not 10 include a debt paid under a deferred payment agreement under sec. 19 of this Act. 11 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 MORATORIUM ON EVICTIONS FOR NONPAYMENT OF RENT. (a) Until the 14 date the governor determines, under sec. 2 of this Act, that the novel coronavirus disease 15 (COVID-19) public health disaster emergency no longer exists, or until June 30, 2020, 16 whichever is earlier, the statutory cause of action for forcible entry and detainer for 17 nonpayment of rent under AS 09.45 and any other statutory cause of action that could be used 18 to evict or otherwise eject a person who is a residential tenant for nonpayment of rent, 19 including for nonpayment of rent for a storage unit for personal property, is suspended as 20 applied to a person experiencing financial hardship related to the COVID-19 public health 21 disaster emergency. 22 (b) A person seeking protection under (a) of this section shall, before June 30, 2020, 23 provide to the landlord a signed statement, sworn under penalty of perjury, that the person is 24 experiencing financial hardship related to the COVID-19 public health disaster emergency. 25 (c) Nothing in this section 26 (1) prevents evictions for misconduct, violations of law, or violations of 27 contracts outside of inability to pay rent; 28 (2) may be construed to increase civil liability of a landlord. 29 (d) This section does not relieve a person of the obligation to pay rent or restrict a 30 landlord's ability to recover rent due. 31 (e) In this section, 01 (1) "financial hardship" means that a person's liquid assets from any source, 02 including payments from the state or federal government because of the COVID-19 public 03 health disaster emergency or a state or national disaster declaration related to COVID-19, 04 when combined, would be insufficient to pay the reasonable cost of food, housing, health 05 care, and other goods and services vital to the health and wellness of the person and the 06 person's spouse and dependents; in this paragraph, "dependent" has the meaning given in 07 AS 23.20.350(g); 08 (2) "person" means a natural person. 09 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 INCOME DETERMINATIONS FOR PUBLIC ASSISTANCE. (a) Notwithstanding 12 AS 43.23.240(a), until the date the governor determines, under sec. 2 of this Act, that the 13 novel coronavirus disease (COVID-19) public health disaster emergency no longer exists, or 14 until November 15, 2020, whichever is earlier, in determining the eligibility of an individual 15 under a public assistance program administered by the Department of Health and Social 16 Services in which eligibility for assistance is based on financial need, the Department of 17 Health and Social Services may not consider a permanent fund dividend or money paid to the 18 individual by another state or federal program because of the COVID-19 outbreak as income 19 or resources received by the recipient of public assistance or by a member of the recipient's 20 household unless required to do so by federal law or regulation. 21 (b) Notwithstanding AS 43.23.240(b), and to the extent consistent with federal law, 22 until the date the governor determines, under sec. 2 of this Act, that the COVID-19 public 23 health disaster emergency no longer exists, or until November 15, 2020, whichever is earlier, 24 when determining the eligibility of an individual for medical assistance under 42 U.S.C. 1396 25 - 1396p (Social Security Act, Title XIX), the individual is entitled to receive the same level of 26 medical assistance as the individual would have received under 42 U.S.C. 1396 - 1396p 27 (Social Security Act, Title XIX) had there been no Alaska permanent fund dividend program 28 and no money paid to the individual by another state or federal program because of the 29 COVID-19 outbreak. 30 (c) Notwithstanding AS 43.23.240(c) and the limit in AS 47.25.130, and to the extent 31 consistent with federal law, until the date the governor determines, under sec. 2 of this Act, 01 that the COVID-19 public health disaster emergency no longer exists, or until November 15, 02 2020, whichever is earlier, when determining the eligibility of an individual for financial 03 assistance under AS 47.25.120 - 47.25.300 (general relief assistance program), the individual 04 is entitled to receive the same amount as the individual would have received under other 05 public assistance programs had there been no Alaska permanent fund dividend program and 06 no money paid to the individual by another state or federal program because of the COVID-19 07 outbreak. 08 (d) Notwithstanding AS 43.23.250, until the date the governor determines, under sec. 09 2 of this Act, that the COVID-19 public health disaster emergency no longer exists, or until 10 November 15, 2020, whichever is earlier, a program administered by the state or any of its 11 instrumentalities or municipalities, the eligibility for which is based on financial need, may 12 not consider a permanent fund dividend or money paid to the individual by another state or 13 federal program because of the COVID-19 outbreak as income or resources unless required to 14 do so by federal law or regulation. 15 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 FORBEARANCE OF STATE LOANS. (a) Notwithstanding any provision of state 18 law and to the extent consistent with federal law, until the date the governor determines, under 19 sec. 2 of this Act, that the novel coronavirus disease (COVID-19) public health disaster 20 emergency no longer exists, or until November 15, 2020, whichever is earlier, if a borrower 21 experiences financial hardship related to the COVID-19 public health disaster emergency, the 22 state, as a lender or the administrator of a loan, may not find the borrower in default, ask a 23 court or an arbitrator to find the borrower in default, or seize or otherwise obtain collateral 24 that is in the possession or control of the borrower. 25 (b) A borrower seeking protection under (a) of this section shall, before the date the 26 governor determines, under sec. 2 of this Act, that the COVID-19 public health disaster 27 emergency no longer exists, or November 15, 2020, whichever is earlier, provide to the lender 28 or administrator of the loan a signed statement, sworn under penalty of perjury, that the 29 borrower is experiencing financial hardship related to the COVID-19 public health disaster 30 emergency. 31 (c) This section does not relieve a person of the obligation to pay a debt or restrict a 01 creditor's ability to recover an amount due. 02 (d) In this section, 03 (1) "financial hardship" means that a person's liquid assets from any source, 04 including payments from the state or federal government because of the COVID-19 public 05 health disaster emergency or a state or national disaster declaration related to COVID-19, 06 when combined, would be insufficient to pay the reasonable cost of food, housing, health 07 care, and other goods and services vital to the health and wellness of the person and the 08 person's spouse and dependents; in this paragraph, "dependent" has the meaning given in 09 AS 23.20.350(g); 10 (2) "person" means a natural person; 11 (3) "state" means the State of Alaska, the Alaska Industrial Development and 12 Export Authority, the Alaska Commission on Postsecondary Education, and agencies or 13 programs that lend, or enter into agreement to lend, money for or on behalf of the State of 14 Alaska, except for the 15 (A) Alaska Housing Finance Corporation, when the corporation is 16 providing a loan that is not a single family residential mortgage loan or public housing 17 assistance; 18 (B) Alaska Permanent Fund Corporation; 19 (C) Alaska Mental Health Trust Authority; 20 (D) Alaska Municipal Bond Bank; 21 (E) Alaska Retirement Management Board; or 22 (F) Department of Revenue, treasury division. 23 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 MORATORIUM ON FORECLOSURES. (a) Until the date the governor determines, 26 under sec. 2 of this Act, that the novel coronavirus disease (COVID-19) public health disaster 27 emergency no longer exists, or until June 30, 2020, whichever is earlier, the statutory cause of 28 action for foreclosure under AS 09.45 and any other statutory cause of action that could be 29 used to foreclose on real property is suspended as applied to a person experiencing financial 30 hardship related to the COVID-19 public health disaster emergency. 31 (b) A person seeking protection under (a) of this section shall, before June 30, 2020, 01 provide to the creditor seeking foreclosure a signed statement, sworn under penalty of perjury, 02 that the person is experiencing financial hardship related to the COVID-19 public health 03 disaster emergency. 04 (c) This section does not relieve a person of the obligation to pay a debt or restrict a 05 creditor's ability to recover an amount due. 06 (d) This section does not apply to real property that is vacant or abandoned. 07 (e) In this section, 08 (1) "financial hardship" means that a person's liquid assets from any source, 09 including payments from the state or federal government because of the COVID-19 public 10 health disaster emergency or a state or national disaster declaration related to COVID-19, 11 when combined, would be insufficient to pay the reasonable cost of food, housing, health 12 care, and other goods and services vital to the health and wellness of the person and the 13 person's spouse and dependents; in this paragraph, "dependent" has the meaning given in 14 AS 23.20.350(g); 15 (2) "person" means a natural person. 16 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 WITNESSING OF WILL SIGNING BY VIDEOCONFERENCE. (a) 19 Notwithstanding AS 13.12.502, for the duration of the novel coronavirus disease (COVID-19) 20 public health disaster emergency declared by the governor on March 11, 2020, as extended by 21 sec. 2 of this Act, and for 10 days thereafter, a will may be signed or witnessed by 22 videoconference by one or more of the witnesses required, if the will contains a statement 23 substantially similar to the following: 24 Under penalty of perjury, I assert that I am a member of a group that has been 25 declared by the World Health Organization or the United States Centers for 26 Disease Control and Prevention to be at higher risk for severe illness from 27 novel coronavirus disease (COVID-19), or I have been advised by a health care 28 provider or a state, local, or federal agency that being in the physical presence 29 of others may expose me or others to a health risk related to novel coronavirus 30 disease (COVID-19). 31 (b) Within 60 days after the execution of a will by videoconference under (a) of this 01 section, each person who witnessed the will by videoconference shall sign and attach to the 02 will, or an exact facsimile of the will, a statement substantially similar to the following: 03 Under penalty of perjury, I assert that (1) the testator has informed me that the 04 testator is a member of a group that has been declared by the World Health 05 Organization or the United States Centers for Disease Control and Prevention 06 to be at higher risk for severe illness from novel coronavirus disease (COVID- 07 19), or I have been advised by a health care provider or a state, local, or federal 08 agency that being in the physical presence of others may expose me or others 09 to a health risk related to novel coronavirus disease (COVID-19); and (2) I am 10 satisfied that the will to which this statement is attached is either the original 11 will signed by the testator or is an exact facsimile of the original will. 12 (c) In this section, "videoconference" means a conference using technology that 13 enables the testator, notary, or the person making the acknowledgment and the person 14 executing the document and witnesses to, while in different locations, simultaneously 15 communicate orally and maintain visual contact. 16 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 UNFAIR OR DECEPTIVE TRADE PRACTICES. A person that charges more than 19 10 percent over the price charged for supplies in this state in the normal course of business 20 before the start of the novel coronavirus disease (COVID-19) public health disaster 21 emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, 22 commits an unfair or deceptive act or practice under AS 45.50.471 - 45.50.561 (Alaska Unfair 23 Trade Practices and Consumer Protection Act), unless the charge that exceeds 10 percent is 24 caused by an increased cost for the seller to purchase the supplies or, for a person in the 25 business of selling fuel, caused by normal fluctuations in the market for fuel based on supply 26 and demand. This section applies regardless of whether the person was in the business of 27 selling supplies before March 11, 2020. In this section, "supplies" means 28 (1) food; 29 (2) medicine; 30 (3) medical equipment; 31 (4) fuel; 01 (5) sanitation products; 02 (6) hygiene products; 03 (7) essential household supplies; and 04 (8) other essential goods. 05 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 MORATORIUM ON REPOSSESSION OF MOTOR VEHICLES. (a) 08 Notwithstanding another provision of law to the contrary, a creditor or person acting on behalf 09 of a creditor may not repossess or otherwise take possession of a motor vehicle, aircraft, or 10 watercraft until the date the governor determines, under sec. 2 of this Act, that the novel 11 coronavirus disease (COVID-19) public health disaster emergency no longer exists, or until 12 June 30, 2020, whichever is earlier, if a person is experiencing financial hardship related to 13 the COVID-19 public health disaster emergency and is unable to make a loan or other agreed- 14 on payment that is owed on a motor vehicle, aircraft, or watercraft under a loan or security 15 agreement. In this subsection, 16 (1) "aircraft" has the meaning given in AS 02.15.260; 17 (2) "motor vehicle" has the meaning given in AS 28.90.990; and 18 (3) "watercraft" has the meaning given in AS 11.46.360. 19 (b) A person seeking protection under (a) of this section shall, before June 30, 2020, 20 provide to the creditor a signed statement, sworn under penalty of perjury, that the person is 21 experiencing financial hardship related to the COVID-19 public health disaster emergency. 22 (c) This section does not relieve a person of the obligation to pay a debt or restrict a 23 creditor's ability to recover an amount due. 24 (d) In this section, 25 (1) "financial hardship" means that a person's liquid assets from any source, 26 including payments from the state or federal government because of the COVID-19 public 27 health disaster emergency or a state or national disaster declaration related to COVID-19, 28 when combined, would be insufficient to pay the reasonable cost of food, housing, health 29 care, and other goods and services vital to the health and wellness of the person and the 30 person's spouse and dependents; in this paragraph, "dependent" has the meaning given in 31 AS 23.20.350(g); 01 (2) "person" means a natural person. 02 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 STATE ACCESS TO FEDERAL EDUCATION STABILIZATION FUNDS. The 05 governor shall apply to the United States Department of Education for any emergency funding 06 available to the state through the Education Stabilization Fund under the requirements 07 outlined in the Coronavirus Aid, Relief, and Economic Security Act, also known as the 08 CARES Act, enacted into law by the Second Session of the 116th Congress. The governor 09 shall make reasonable efforts to make assurances required for the state to receive the 10 maximum federal funding allocations allowable under the education stabilization provisions 11 of the CARES Act. 12 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 PURCHASE OF SEAFOOD FOR DISTRIBUTION. The Department of Commerce, 15 Community, and Economic Development is encouraged to issue a request for proposal for the 16 purchase of Alaska seafood from the seafood industry for distribution during the COVID-19 17 public health disaster emergency to food banks and soup kitchens in the state, Alaska Native 18 regional corporations, and Alaska Native regional nonprofit organizations for distribution 19 throughout the state. 20 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 FINANCIAL ASSISTANCE TO ADDRESS HOMELESSNESS. Until the date the 23 governor determines, under sec. 2 of this Act, that the novel coronavirus disease (COVID-19) 24 public health disaster emergency no longer exists, or until November 15, 2020, whichever is 25 earlier, subject to appropriation, the Alaska Housing Finance Corporation under AS 18.56.090 26 shall provide financial assistance on a statewide, regional, or community basis as necessary to 27 address or prevent homelessness caused by the COVID-19 public health disaster emergency. 28 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TOLLING OF OFFICE OF ADMINISTRATIVE HEARINGS DEADLINES. (a) 31 Notwithstanding a contrary provision of state law and to the extent consistent with federal 01 law, during the novel coronavirus disease (COVID-19) public health disaster emergency 02 declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, the office of 03 administrative hearings may toll a statutory or regulatory deadline occurring during the 04 COVID-19 public health disaster emergency for the duration of the emergency declaration, as 05 extended by sec. 2 of this Act, and 30 days thereafter, for 06 (1) the office of administrative hearings to take an action or make a decision 07 or proposed decision; 08 (2) a final decision maker to take an action on a proposed decision of the 09 office of administrative hearings; 10 (3) a party who is requesting the office of administrative hearings or a final 11 decision maker to take action or make a decision on a matter. 12 (b) Failure by the office of administrative hearings to take action or make a decision 13 on a matter by a statutory or regulatory deadline tolled under (a) of this section does not 14 constitute approval or denial of the matter. 15 (c) This section does not apply to 16 (1) a statutory or regulatory deadline occurring before March 11, 2020, or 17 after the public health disaster emergency ends; 18 (2) a deadline under AS 44.64.060 related to a matter referred to the office of 19 administrative hearings by the Department of Revenue or the Department of Health and 20 Social Services; 21 (3) a deadline for acting on a summary suspension of a facility or occupational 22 license. 23 (d) The office of administrative hearings shall continue to make reasonable efforts to 24 take action and issue decisions as soon as possible during the public health disaster 25 emergency and may not arbitrarily or unreasonably fail to act or make decisions. 26 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 LIABILITY: PERSONAL PROTECTIVE EQUIPMENT. (a) In addition to the 29 immunity available under AS 09.65.091, during the novel coronavirus disease (COVID-19) 30 public health disaster emergency declared by the governor on March 11, 2020, as extended by 31 sec. 2 of this Act, a health care provider or manufacturer of personal protective equipment is 01 not liable for civil damages resulting from an act or omission in issuing, providing, or 02 manufacturing personal protective equipment in the event of injury or death to the user of the 03 personal protective equipment if the personal protective equipment was issued, provided, or 04 manufactured in good faith to respond to the COVID-19 public health disaster emergency. 05 (b) Nothing in this section precludes liability for civil damages as a result of gross 06 negligence, recklessness, or intentional misconduct. 07 (c) A health care provider or manufacturer of personal protective equipment that 08 issues, provides, or manufactures personal protective equipment to respond to the COVID-19 09 public health disaster emergency declared by the governor on March 11, 2020, as extended by 10 sec. 2 of this Act, shall notify the user of the personal protective equipment that the equipment 11 may not meet established federal standards and requirements. 12 (d) In this section, "health care provider" has the meaning given in AS 18.15.395 and 13 a nursing home. 14 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: REGULATIONS. (a) The commissioner of health and social services 17 may adopt regulations necessary to implement sec. 22 of this Act. 18 (b) The commissioner of administration or the commissioner's designee may adopt 19 regulations necessary to implement sec. 23 of this Act. 20 (c) The regulations adopted under this section are not subject to AS 44.62 21 (Administrative Procedure Act). 22 * Sec. 34. Sections 1 - 4, 6 - 20, 22, 23, 30, and 32 of this Act are repealed on the earlier of 23 (1) November 15, 2020; or 24 (2) the date the governor determines, under sec. 2 of this Act, that the public 25 health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, 26 as extended by sec. 2 of this Act, no longer exists. 27 * Sec. 35. Section 5 of this Act is repealed January 16, 2021. 28 * Sec. 36. Sections 21, 24, and 27 of this Act are repealed June 30, 2020. 29 * Sec. 37. Sections 25, 26, 28, 29, and 31 of this Act are repealed March 11, 2021. 30 * Sec. 38. Regulations adopted under sec. 33 of this Act are annulled March 11, 2021. 31 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 RETROACTIVITY. (a) If secs. 1 - 14 and 16 - 21 of this Act take effect after 03 April 10, 2020, secs. 1 - 14 and 16 - 21 of this Act are retroactive to April 10, 2020. 04 (b) Sections 15 and 22 - 32 of this Act are retroactive to March 11, 2020. 05 * Sec. 40. This Act takes effect immediately under AS 01.10.070(c).