HCS CSSB 241(RLS): "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 municipal government deadlines; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) 01 "An Act extending the March 11, 2020, governor's declaration of a public health 02 disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; 03 relating to the COVID-19 outbreak; relating to a financing plan; relating to standing 04 orders of the chief medical officer; relating to occupational and professional licensing; 05 relating to telemedicine and telehealth; relating to fingerprinting requirements; relating 06 to elections in calendar year 2020; relating to permanent fund dividend applications; 07 relating to automatic voter registration; relating to tax filings, payments, and penalties; 08 relating to shareholder meetings; relating to municipal government deadlines; and 09 providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read:
01 FINDINGS. (a) The legislature finds that 02 (1) in December 2019, a novel coronavirus known as severe acute respiratory 03 syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan, Hubei province, 04 People's Republic of China, leading to outbreaks of novel coronavirus disease (COVID-19) 05 that have now spread globally; 06 (2) on January 31, 2020, the United States Secretary of Health and Human 07 Services declared a public health emergency under 42 U.S.C. 247d (Public Health Service 08 Act); 09 (3) to date, 50 states have confirmed cases of COVID-19, including 10 confirmation of community transmission of COVID-19; 11 (4) on March 11, 2020, the commissioner of health and social services 12 certified to the governor that there is a high probability that COVID-19 presents a credible 13 threat of an imminent outbreak of the disease in the state, meeting the definition of disaster 14 under AS 26.23.900(2)(E); 15 (5) on March 11, 2020, the governor issued a declaration of a public health 16 disaster emergency under AS 26.23.020 in anticipation of the spread of COVID-19 to the 17 state; 18 (6) in the disaster declaration issued March 11, 2020, the governor found that 19 a statewide response under AS 18.15.390 is required to address the public health disaster 20 emergency and authorized the commissioner of health and social services and the adjutant 21 general of military and veterans' affairs to take all actions necessary to address the public 22 health disaster emergency; 23 (7) on March 12, 2020, the Department of Health and Social Services and the 24 governor announced that the first case of COVID-19 was diagnosed in an individual in 25 Anchorage; 26 (8) additional cases of COVID-19 are being diagnosed across the state; 27 (9) the chief medical officer in the Department of Health and Social Services 28 and the commissioner of health and social services have determined that it will take months of 29 monitoring and active public health management, including closing public facilities, limiting 30 public events, and establishing quarantine and isolation protocols and enforcement under 31 AS 18.15.390, to contain the spread of COVID-19;
01 (10) the adjutant general of the Alaska organized militia has determined that it 02 may be necessary for the Department of Military and Veterans' Affairs, under the guidance of 03 the commissioner of health and social services, to use personnel and other resources of the 04 Department of Health and Social Services to institute actions under AS 26.23.020, including 05 provisions to perform or facilitate performance of disaster emergency services. 06 (b) Based on the findings in (a) of this section, the legislature finds that it is in the 07 best interest of the state to extend the public health disaster emergency declaration issued by 08 the governor on March 11, 2020, and all the powers granted under AS 18.15.390 and 09 AS 26.23.020, until November 15, 2020. 10 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 PUBLIC HEALTH DISASTER EMERGENCY; EXTENSION OF DISASTER 13 EMERGENCY. (a) Under AS 26.23.020(c), the Alaska State Legislature extends to 14 November 15, 2020, the declaration of a public health disaster emergency issued by the 15 governor on March 11, 2020. The extension under this subsection includes an order, 16 proclamation, or regulation issued under AS 26.23.020 and an action taken by the Department 17 of Health and Social Services under the authority granted to the Department of Health and 18 Social Services under AS 18.15.390. 19 (b) Notwithstanding (a) of this section, if the commissioner of health and social 20 services certifies to the governor that there is no longer a present outbreak of novel 21 coronavirus disease (COVID-19) or a credible threat of an imminent outbreak of COVID-19, 22 the governor shall issue a proclamation that the public health disaster emergency identified in 23 the declaration issued by the governor on March 11, 2020, no longer exists as of a date 24 determined by the governor. The certification must be based on specific information received 25 from a state or federal agency or another source that the commissioner determines to be 26 reliable. 27 (c) The governor shall submit a proclamation issued under (b) of this section to the 28 revisor of statutes, the president of the senate, the speaker of the house of representatives, and 29 the lieutenant governor. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 PUBLIC HEALTH DISASTER EMERGENCY; FINANCING PLAN. (a) Under 02 AS 26.23.020(k), the Alaska State Legislature approves this financing plan for the declaration 03 of a public health disaster emergency issued by the governor on March 11, 2020, as extended 04 by sec. 2 of this Act, and provides that the following appropriations and authorizations may be 05 used to cope with the public health disaster emergency: 06 (1) the appropriations made in sec. 8, ch. 2, SLA 2020; 07 (2) the appropriations made in sec. 10, SCS CSHB 234(FIN), Department of 08 Health and Social Services, Thirty-First Alaska State Legislature; 09 (3) the authorization made in sec. 1, CCS HB 205, Department of Health and 10 Social Services, Thirty-First Alaska State Legislature, allowing for up to $20,000,000 in 11 transfers between all appropriations made in the Department of Health and Social Services, 12 except for transfers from the Medicaid services appropriation; 13 (4) the appropriations made in CCS HB 205, Department of Health and Social 14 Services, Thirty-First Alaska State Legislature, 15 (A) of federal receipts received during the fiscal year ending June 30, 16 2021, for Medicaid services; and 17 (B) to the Department of Health and Social Services public health 18 emergency response for the purpose of responding to the COVID-19 public health 19 disaster emergency; and 20 (5) the appropriation made in CCS HB 205, Thirty-First Alaska State 21 Legislature, to the disaster relief fund under AS 26.23.300(a). 22 (b) The governor may not expend more than a cumulative total of $10,000,000 of the 23 assets of the disaster relief fund under AS 26.23.020(h) - (k) or 26.23.300(b) in response to 24 the declaration of a public health disaster emergency issued by the governor on March 11, 25 2020, as extended by sec. 2 of this Act. 26 (c) Notwithstanding AS 26.23.050(b), the expenditure of state funds to cope with the 27 effects of the declaration of a public health disaster emergency issued by the governor on 28 March 11, 2020, as extended by sec. 2 of this Act, is limited to the appropriations and 29 expenditure authority identified in (a) and (b) of this section. 30 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 STANDING ORDERS. (a) The chief medical officer in the Department of Health and 02 Social Services, or, if the chief medical officer is incapacitated, the chief medical officer's 03 designee, shall issue standing orders for public health agents and health care providers related 04 to essential public health services and functions and in response to conditions of public health 05 importance that are related to novel coronavirus disease (COVID-19). Standing orders shall 06 be effective until retracted or for the duration of the public health disaster emergency 07 declaration issued by the governor on March 11, 2020, as extended by sec. 2 of this Act. 08 (b) The chief medical officer in the Department of Health and Social Services is not 09 liable for civil damages resulting from an act or omission in issuing a standing order 10 authorized under this section if 11 (1) the standing order 12 (A) is issued to health care providers; 13 (B) is required to mitigate the novel coronavirus disease (COVID-19) 14 public health disaster emergency; and 15 (C) contains sufficient information in support of the need for a 16 standing order; and 17 (2) the chief medical officer provides sufficient education or training required 18 to properly implement the standing order, including training manuals, video recordings, and 19 other reasonable means of implementing the standing order. 20 (c) Except as provided in (d) of this section, a public health agent or health care 21 provider who takes action based on a standing order issued by the chief medical officer is not 22 liable for civil damages resulting from an act or omission in implementing the standing order. 23 (d) Nothing in this section precludes liability for civil damages as a result of gross 24 negligence, recklessness, or intentional misconduct. 25 (e) In this section, "essential public health services and functions," "health care 26 provider," and "public health agent" have the meanings given in AS 18.15.395. 27 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 REPORTS. Beginning May 1, 2020, the governor shall electronically submit, on the 30 first day of each month, a report to the president of the senate and the speaker of the house of 31 representatives that lists the expenditures used to cope with the public health disaster
01 emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, 02 and identifies all actions taken by the governor, the Department of Health and Social Services, 03 the Department of Military and Veterans' Affairs, and other state agencies directly related to 04 the prevention, control, and status of novel coronavirus disease (COVID-19) cases in the 05 state. The report must include an explanation, made without disclosing information that would 06 identify individuals, of any activities related to the isolation or quarantine of individuals to 07 contain the spread of COVID-19. The governor shall submit a final report not later than 08 January 15, 2021, or 60 days after the date the governor determines, under sec. 2 of this Act, 09 that the public health disaster emergency no longer exists, whichever is earlier. Each report 10 submitted under this section must include cumulative information. 11 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 PROFESSIONAL AND OCCUPATIONAL LICENSING. (a) Notwithstanding any 14 other provision of law, during the public health disaster emergency declared by the governor 15 under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a professional or 16 occupational licensing board listed in AS 08.01.010, or the director, with respect to a 17 profession regulated by the Department of Commerce, Community, and Economic 18 Development, may grant a license, permit, or certificate on an expedited basis to an individual 19 who holds a corresponding license, permit, or certificate in good standing in another 20 jurisdiction to the extent necessary to respond to the public health disaster emergency. A 21 license expedited under this section expires on the earlier of 22 (1) November 15, 2020; or 23 (2) the date the governor determines, under sec. 2 of this Act, that the public 24 health disaster emergency no longer exists. 25 (b) Notwithstanding any other provision of law and to the extent necessary to respond 26 to the public health disaster emergency, a board listed in AS 08.01.010, the commissioner of 27 commerce, community, and economic development, or the director, as applicable, may take 28 additional action necessary to protect public health, safety, and welfare, including 29 (1) temporarily waiving or modifying the continuing education requirements 30 required for licensees to renew a professional license, permit, or certificate in calendar year 31 2020;
01 (2) regulating the scope and duration of any license, permit, or certificate 02 issued under this section; 03 (3) requiring any individual granted a license, permit, or certificate under this 04 section to arrange and agree to supervision, in-person or by other means, by an individual who 05 holds a license, permit, or certificate in good standing for the applicable profession or by an 06 administrator of a facility licensed under AS 47.32; 07 (4) not increasing licensing fees. 08 (c) An individual seeking or holding an expedited license, permit, or certificate under 09 this section who travels to the state from outside the state must comply with travel restrictions 10 ordered or guidelines recommended by the Centers for Disease Control and Prevention, 11 United States Department of Health and Human Services that are in effect at the time the 12 individual arrives in the state. 13 (d) In this section, "director" means the director of the division in the Department of 14 Commerce, Community, and Economic Development responsible for business and 15 professional licensing. 16 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of 19 law, during the public health disaster emergency declared by the governor under 20 AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, the provisions of 21 AS 08.64.170 and AS 08.68.160 do not apply to a health care provider who is providing 22 treatment, rendering a diagnosis, or prescribing, dispensing, or administering a prescription, 23 excluding a controlled substance listed under AS 11.71.140 - 11.71.190, through an audio- 24 visual, real-time, two-way interactive communication system, without first conducting an in- 25 person physical examination, if 26 (1) the health care provider is licensed, permitted, or certified to provide 27 health care services in another jurisdiction and is in good standing in the jurisdiction that 28 issued the license, permit, or certification; 29 (2) the health care services provided without an in-person physical 30 examination are within the provider's authorized scope of practice in the jurisdiction that 31 issued the provider's license, permit, or certification;
01 (3) in the event that the health care provider determines that the encounter will 02 extend beyond the scope of practice or scope of services described in this section, the health 03 care provider advises the patient that the health care provider is not authorized to provide the 04 services to the patient, recommends that a patient contact a health care provider licensed in 05 the state, and terminates the encounter. 06 (b) The amount charged by a health care provider for services provided under this 07 section must be reasonable and consistent with the ordinary fees typically charged for that 08 service and may not be more than five percent above the ordinary fees typically charged for 09 that service. A health care provider who is required to terminate an encounter under (a)(3) of 10 this section may not charge for any services provided during the encounter. 11 (c) Notwithstanding any other provision of law, during the public health disaster 12 emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by 13 sec. 2 of this Act, the commissioner of health and social services may waive any state law or 14 regulation if compliance would substantially prevent or impede the provision of health care 15 services under this section. Nothing in this subsection may be construed to abrogate authority 16 granted to the commissioner of health and social services under AS 18.15.390. 17 (d) In this section, "health care provider" has the meaning given in AS 18.15.395. 18 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 FINGERPRINTING. For the duration of the public health disaster emergency 21 declaration issued by the governor on March 11, 2020, as extended by sec. 2 of this Act, the 22 Department of Commerce, Community, and Economic Development shall coordinate with the 23 Department of Health and Social Services and the Department of Public Safety to expedite the 24 process for applicants under AS 08.29, AS 08.36, AS 08.64, AS 08.68, AS 08.71, AS 08.72, 25 AS 08.80, AS 08.84, and AS 08.86 to submit fingerprints. 26 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 ELECTIONS: LIEUTENANT GOVERNOR. (a) Notwithstanding any provision in 29 AS 15.15 or AS 15.20 to the contrary, the lieutenant governor may, after consultation with the 30 commissioner of health and social services, direct that a primary or statewide special election 31 to be held in the state in calendar year 2020 be held in the same manner as an election by mail
01 under AS 15.20.800. 02 (b) The director of the division of elections may adopt regulations necessary to 03 implement this section, including emergency regulations. 04 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 PERMANENT FUND DIVIDENDS: APPLICATIONS. Notwithstanding 07 AS 43.23.011(a), the application period for a 2020 dividend ends April 30, 2020. 08 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TAX FILINGS, PAYMENTS, AND PENALTIES. Except for any tax return, report, 11 or payment required under AS 43.55 or AS 43.56, a taxpayer required to file a tax return, 12 including an amended return or an information return or report, to the Department of Revenue 13 or to make a payment to the Department of Revenue for a tax, fee, or other charge under 14 AS 05.15, AS 16.10.455, AS 16.51, or AS 43, on or after the effective date of this Act and 15 before July 15, 2020, shall automatically receive an extension of time until July 15, 2020, to 16 file the return, report, or payment. Because of the application of the extensions in this section, 17 a penalty or interest will not be assessed if the taxpayer complies with the filing and payment 18 requirements on or before July 15, 2020. An extension under this section does not apply to a 19 taxpayer for any return or report required to be filed before the effective date of this Act and 20 any payment of tax, interest, penalty, or other charge due before the effective date of this Act. 21 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 MEETINGS OF SHAREHOLDERS; NOTICE OF SHAREHOLDER MEETINGS. 24 (a) Notwithstanding AS 10.06.405, a meeting of shareholders may be held by electronic 25 communication to the extent the corporation's board authorizes and adopts guidelines to 26 govern an electronic meeting. 27 (b) Notwithstanding AS 10.06.410, a corporation that has or is planning to, on the 28 effective date of this Act, distribute a proxy statement and notice of annual meeting to its 29 shareholders may renotice or notice the annual meeting so that the annual meeting may be 30 held by electronic communication authorized under (a) of this section. 31 (c) Notwithstanding AS 10.20.061 - 10.20.076, a meeting of the members of a
01 nonprofit corporation organized under AS 10.20, including meeting notice and determination 02 of a quorum, may be held by electronic communication to the extent the corporation's board 03 authorizes and adopts guidelines to govern an electronic meeting. 04 (d) Notwithstanding AS 10.20.061 - 10.20.076, a meeting, including the notice of the 05 meeting and determination of a quorum, of the members of a corporation subject to AS 10.20, 06 including a village corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims 07 Settlement Act) and a Native corporation formed under AS 10.06, may be held by electronic 08 communication to the extent the corporation's board authorizes and adopts guidelines to 09 govern an electronic meeting. 10 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 MUNICIPAL GOVERNMENT DEADLINES. Notwithstanding any provision in 13 AS 29 to the contrary, a deadline established under AS 29 that occurs on or after the effective 14 date of this Act is extended until the earlier of 15 (1) November 15, 2020; or 16 (2) the date the governor determines, under sec. 2 of this Act, that the public 17 health disaster emergency no longer exists. 18 * Sec. 14. Sections 1 - 4 and 6 - 13 of this Act are repealed on the earlier of 19 (1) November 15, 2020; or 20 (2) the date the governor determines, under sec. 2 of this Act, that the public 21 health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, 22 as extended by sec. 2 of this Act, no longer exists. 23 * Sec. 15. Section 5 of this Act is repealed January 16, 2021. 24 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 RETROACTIVITY. If this Act takes effect after April 10, 2020, this Act is retroactive 27 to April 10, 2020. 28 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).