Legislature(2019 - 2020)
2020-03-26 House Journal
Full Journal pdf2020-03-26 House Journal Page 2103 SB 241 The following was read the second time: 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." (HCR 20 – title change resolution) with the: Journal Page RLS RPT HCS(RLS) NT 2DP 4NR 2097 FN1: ZERO(GOV) 2097 2020-03-26 House Journal Page 2104 FN5: INDETERMINATE(MVA) 2097 FN6: ZERO(DPS) 2097 FN9: ZERO(CED) 2097 FN10: (REV) 2097 FN11: ZERO(REV) 2097 FN12: ZERO(DHS) 2097 FN13: ZERO(DHS) 2097 FN14: ZERO(GOV) 2097 FN15: ZERO(CED) 2097 FN16: ZERO(GOV) 2097 Representative Thompson moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 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." There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representatives Fields, Spohnholz, LeDoux, Merrick, Ortiz, Hopkins, Wool, Shaw, Drummond, and Tuck: Page 1, line 8, following "deadlines;" (title amendment): Insert "relating to the Alaska regional economic assistance program;" 2020-03-26 House Journal Page 2105 Page 10, following line 17: 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: ALASKA REGIONAL ECONOMIC ASSISTANCE PROGRAM. (a) Notwithstanding AS 44.33.896, the Department of Commerce, Community, and Economic Development may make grants to organizations for distribution as financial assistance to businesses to assist a business in paying employees to avoid workforce reductions. The Department of Commerce, Community, and Economic Development shall distribute grants under this subsection among qualified organizations based on regional population. (b) An organization that receives a grant under (a) of this section shall (1) develop an application procedure for a business to apply for financial assistance; (2) determine the amount of financial assistance for distribution to a business based on the size, assets, resources, financial history, and needs of the business; and (3) provide information requested by the Department of Commerce, Community, and Economic Development for purposes of the report compiled under AS 44.33.896(e). (c) In this section, "organization" has the meaning given in AS 44.33.896." Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 14" Representative Fields moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Prax objected. Amendment No. 1 to Amendment No. 2 was offered by Representative LeDoux: 2020-03-26 House Journal Page 2106 Page 1, line 11: Delete "to assist a business in paying employees to avoid workforce reductions" Insert "with operating expenses during the COVID-19 disaster" Representative LeDoux moved and asked unanimous consent that Amendment No. 1 to Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 to Amendment No. 2 was adopted. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) Second Reading Amendment No. 2 as amended YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Jackson Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Kreiss-Tomkins Jackson changed from "YEA" to "NAY" And so, Amendment No. 2 as amended was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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 2020-03-26 House Journal Page 2107 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; relating to the Alaska regional economic assistance program; and providing for an effective date." Amendment No. 3 was not offered. Amendment No. 4 was offered by Representatives Spohnholz, Kopp, and Zulkosky: Page 7, lines 23 - 24: Delete "an audio-visual, real-time, two-way interactive communication system" Insert "telehealth as defined in AS 47.05.270(e)" Representative Spohnholz moved and asked unanimous consent that Amendment No. 4 be adopted. There was objection. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 4 YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Eastman, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Kreiss-Tomkins And so, Amendment No. 4 was adopted. 2020-03-26 House Journal Page 2108 Amendment No. 5 was offered by Representatives Josephson, Kopp, and Tuck: Page 1, line 8, following "deadlines;" (title amendment): Insert "establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers;" Page 10, following line 17: 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: WORKERS' COMPENSATION PRESUMPTION OF COMPENSABILITY. (a) Notwithstanding AS 23.30.121, 23.30.395(2), and 23.30.395(24), an employee who contracts the novel coronavirus disease (COVID-19) is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if, during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, the employee (1) is employed as a firefighter, emergency medical technician, paramedic, peace officer, or health care provider; (2) is exposed to COVID-19 in the course of employment; and (3) receives a (A) COVID-19 diagnosis by a physician; (B) presumptive positive COVID-19 test result; or (C) laboratory-confirmed COVID-19 diagnosis. (b) In this section, (1) "emergency medical technician" has the meaning given in AS 18.08.200; (2) "firefighter" means (A) a person employed by a state or municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal; or (B) a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department; (3) "health care provider" has the meaning given in 2020-03-26 House Journal Page 2109 AS 13.52.390; (4) "paramedic" has the meaning given in AS 12.55.185; (5) "peace officer" has the meaning given in AS 11.81.900." Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 14" Page 10, lines 26 - 27: Delete all material and insert: "RETROACTIVITY. (a) If secs. 1 - 13 of this Act take effect after April 10, 2020, secs. 1 - 13 of this Act are retroactive to April 10, 2020. (b) Section 14 of this Act is retroactive to March 11, 2020." Representative Josephson moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Prax objected. Representative Eastman moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 5 YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Prax 2020-03-26 House Journal Page 2110 Excused: Lincoln, Neuman, Rasmussen, Rauscher And so, Amendment No. 5 was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; and providing for an effective date." Amendment No. 6 was offered by Representatives Tarr, Tuck, and Drummond: Page 9, line 3, following "regulations.": Insert "The director shall inform Alaskans on how the 2020 elections will be conducted. The director may use mail, email, phone calls, social media, public service announcements, radio advertisements, television advertisements, or web announcements to meet this requirement." Representative Tarr moved and asked unanimous consent that Amendment No. 6 be adopted. There was objection. Representative Tarr moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. 2020-03-26 House Journal Page 2111 Amendment No. 7 was offered by Representative Pruitt: Page 10, line 7: Delete "AS 10.06" Insert "AS 10.20" Representative Pruitt moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 7 was adopted. The Speaker ruled that no further amendments will be accepted past the 15 that have been submitted. There being no objection, it was so ordered. Amendment No. 8 was offered by Representatives Kopp and Tuck: Page 1, line 8, following "deadlines;" (title amendment): Insert "relating to allowable absences for the permanent fund dividend;" Page 10, following line 17: 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: ALLOWABLE ABSENCE FOR THE PERMANENT FUND DIVIDEND. Notwithstanding AS 43.23.005(a)(4) and 43.23.008(d), during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, a high-risk individual otherwise eligible for a permanent fund dividend remains eligible to receive a permanent fund dividend if the only reason the individual would be ineligible to receive a permanent fund dividend is that the individual was absent from the state because of the individual's compliance with recommendations of the Centers for Disease Control and Prevention, United States Department of Health and Human Services, regarding nonessential travel. In this section, "high-risk individual" means an individual 65 years of age or older or an individual of any age who has a serious chronic medical condition." 2020-03-26 House Journal Page 2112 Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 14" Representative Kopp moved and asked unanimous consent that Amendment No. 8 be adopted. There was objection. Amendment No. 1 to Amendment No. 8 was offered by Representatives Tuck, Vance, Spohnholz, Kopp, Talerico, LeDoux, and Eastman: Page 1, lines 8 - 17: Delete all material and insert: "ALLOWABLE ABSENCE FOR THE PERMANENT FUND DIVIDEND. Notwithstanding AS 43.23.005(a)(4) and 43.23.008(d), during the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, an individual otherwise eligible for a permanent fund dividend who has notified the commissioner of revenue or the commissioner's designee that the individual expects to be absent from the state for a continuous period beginning on or after March 11, 2020, remains eligible to receive a permanent fund dividend if the only reason the individual would be ineligible to receive a permanent fund dividend is that the individual was absent from the state because of conduct, including maintaining a voluntary or compulsory quarantine, related to avoiding or preventing the spread of the novel coronavirus disease (COVID-19)." Representative Tuck moved and asked unanimous consent that Amendment No. 1 to Amendment No. 8 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 to Amendment No. 8 was adopted. The question being: "Shall Amendment No. 8 as amended be adopted?" The roll was taken with the following result: 2020-03-26 House Journal Page 2113 HCS CSSB 241(RLS) am H Second Reading Amendment No. 8 as amended YEAS: 33 NAYS: 1 EXCUSED: 4 ABSENT: 2 Yeas: Claman, Drummond, Eastman, Edgmon, Fields, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Knopp Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Carpenter, Foster And so, Amendment No. 8 as amended was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; relating to allowable absences for the permanent fund dividend; and providing for an effective date." Amendment No. 9 was not offered. 2020-03-26 House Journal Page 2114 Amendment No. 10 was offered by Representative Eastman: Page 9, line 6, following "APPLICATIONS.": Insert "An otherwise eligible individual who failed to file a timely application for a 2019 permanent fund dividend shall, upon submission of their application for a 2019 permanent fund dividend, be considered eligible for any benefit, stimulus, or rebate for which eligibility for a 2019 permanent fund dividend is a prerequisite." Representative Eastman moved and asked unanimous consent that Amendment No. 10 be adopted. There was objection. Representative Tuck moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 10 YEAS: 13 NAYS: 22 EXCUSED: 4 ABSENT: 1 Yeas: Eastman, Gillis, Jackson, Johnson, Kopp, LeBon, LeDoux, Spohnholz, Sullivan-Leonard, Talerico, Tilton, Tuck, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, Merrick, Ortiz, Prax, Pruitt, Shaw, Story, Stutes, Tarr, Thompson, Wool, Zulkosky Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Carpenter And so, Amendment No. 10 was not adopted. 2020-03-26 House Journal Page 2115 Amendment No. 11 was offered by Representative Talerico: Page 1, line 8, following "deadlines;" (title amendment): Insert "relating to self-quarantine of out-of-state workers;" Page 10, following line 17: Insert a new bill section to read: "* Sec. 14. SELF-QUARANTINE OF OUT-OF-STATE WORKERS. A person who travels to the state from outside the state on or after the effective date of this Act to engage in employment in the state and who is required to self-quarantine under a standing order issued by the chief medical officer in the Department of Health and Social Services (1) shall self-quarantine in Ketchikan, Juneau, Anchorage, or Fairbanks; (2) must remain under the supervision of the person's employer during the period of self-quarantine; and (3) may not proceed to the person's job site or place of work until the period of self-quarantine has expired." Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 14" Representative Talerico moved and asked unanimous consent that Amendment No. 11 be adopted. There was objection. Amendment No. 1 to Amendment No. 11 was offered by Representatives LeDoux and Hopkins: Page 1, line 10, following "self-quarantine": Delete "in Ketchikan, Juneau, Anchorage, or Fairbanks" Insert "in the place that they have first arrived in the state." Representative LeDoux moved and asked unanimous consent that Amendment No. 1 to Amendment No. 11 be adopted. 2020-03-26 House Journal Page 2116 Representative Knopp objected. Representative Talerico moved and asked unanimous consent to withdraw Amendment No. 11. There being no objection, it was so ordered. Amendment No. 12 was offered by Representative Kopp: Page 1, line 8, following "meetings;" (title amendment): Insert "relating to corporations;" Page 9, line 23, following the second occurrence of "MEETINGS": Insert "; CORPORATIONS" Representative Kopp moved and asked unanimous consent that Amendment No. 12 be adopted. There was objection. Amendment No. 1 to Amendment No. 12 was not offered. Amendment No. 2 to Amendment No. 12 was offered by Representative Spohnholz: Page 1, following line 5: Insert new material to read: Page 10, line 2: Delete "electronic communication" Insert "telecommunication" Page 10, line 3: Delete "authorizes and adopts guidelines to govern" Insert "adopts or amends bylaws to allow for" Representative Spohnholz moved and asked unanimous consent that Amendment No. 2 to Amendment No. 12 be adopted. There was objection. The question being: "Shall Amendment No. 2 to Amendment No. 12 be adopted?" The roll was taken with the following result: 2020-03-26 House Journal Page 2117 HCS CSSB 241(RLS) am H Second Reading Amendment No. 2 to Amendment No. 12 YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Carpenter, Claman, Drummond, Eastman, Edgmon, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Fields, Foster And so, Amendment No. 2 to Amendment No. 12 was adopted. Amendment No. 3 to Amendment No. 12 was offered by Representatives Spohnholz and Pruitt: Page 1, following line 5: Insert new material to read: "Page 10, lines 7 - 8, following "electronic communication": Insert "and telecommunication"" Representative Spohnholz moved and asked unanimous consent that Amendment No. 3 to Amendment No. 12 be adopted. There being no objection, Amendment No. 3 to Amendment No. 12 was adopted. The question being: "Shall Amendment No. 12 as amended be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 12 as amended YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Eastman, Edgmon, Fields, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky 2020-03-26 House Journal Page 2118 Nays: Knopp Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Foster And so, Amendment No. 12 as amended was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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 corporations; relating to municipal government deadlines; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; relating to allowable absences for the permanent fund dividend; and providing for an effective date." Amendment No. 13 was offered by Representative Kopp: Page 1, line 8, following "deadlines;" (title amendment): Insert "relating to the Department of Health and Social Services; relating to retail sellers;" Page 10, following line 17: 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: DEPARTMENT OF HEALTH AND SOCIAL SERVICES; RETAIL SELLERS. Notwithstanding any other provision of law, for 2020-03-26 House Journal Page 2119 the duration of the public health disaster emergency declared by the governor under AS 26.23.020 on March 11, 2020, as extended by sec. 2 of this Act, the Department of Health and Social Services may, in coordination with the Department of Military and Veterans' Affairs, establish sanitation procedures for retail sellers. In this section, "retail seller" includes a market, grocery store, convenience store, drug store, or similar establishment that (1) is located in a permanent building; and (2) sells to consumers household supplies, perishable items, or food merchandise, including meat, produce, dairy products, or snack foods." Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 14" Representative Kopp moved and asked unanimous consent that Amendment No. 13 be adopted. There was objection. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 13 YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman, Knopp Excused: Lincoln, Neuman, Rasmussen, Rauscher 2020-03-26 House Journal Page 2120 Absent: Foster And so, Amendment No. 13 was adopted, and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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 corporations; relating to municipal government deadlines; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; relating to allowable absences for the permanent fund dividend; relating to the Department of Health and Social Services; relating to retail sellers; and providing for an effective date." Amendment No. 14 was offered by Representatives Spohnholz, Fields, Kopp, Stutes, and Tarr: Page 1, line 8, following "deadlines;" (title amendment): Insert "tolling deadlines for action by the Regulatory Commission of Alaska; relating to disconnection of utility service for nonpayment; relating to power cost equalization; relating to regulatory assets of a utility; relating to evictions;" Page 10, following line 17: Insert new bill sections to read: "* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to read: TOLLING DEADLINES FOR ACTION BY THE REGULATORY COMMISSION OF ALASKA DURING THE 2020-03-26 House Journal Page 2121 COVID-19 OUTBREAK. Notwithstanding a contrary provision of AS 42, including a provision of AS 42.05 or AS 42.08, during the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, all statutory and regulatory deadlines for action by the Regulatory Commission of Alaska are tolled and failure by the Regulatory Commission of Alaska to act on a filing does not constitute approval or dismissal by the commission. This section does not apply to a statutory or regulatory deadline extended by the commission before March 11, 2020, for good cause under AS 42.05.175(f). * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to read: MORATORIUM ON DISCONNECTION OF RESIDENTIAL UTILITY SERVICE. (a) During the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, a public utility as defined in AS 42.05.990 may not disconnect for nonpayment the residential utility service of a person experiencing financial hardship related to the COVID-19 public health disaster emergency. A public utility shall make reasonable efforts to reconnect utility service to a dwelling that is occupied by a person experiencing financial hardship related to the COVID-19 public health disaster emergency and that is disconnected for nonpayment on or after March 11, 2020. (b) A person seeking protection under (a) of this section shall, before the emergency declaration expires, (1) provide to the public utility a signed statement, sworn under penalty of perjury, that the person is experiencing financial hardship related to the COVID-19 public health disaster emergency; and (2) negotiate and agree to a deferred payment arrangement with the utility. (c) This section does not relieve a public utility customer of the obligation to pay for utility service or restrict a public utility's ability to recover an amount due. (d) A utility shall offer a person receiving protection under (a) of this section a deferred payment option allowing repayment over a period of time not shorter than the period of time of the public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act. The utility may not impose interest or 2020-03-26 House Journal Page 2122 late fees on a person receiving protection under (a) of this section who fulfills the terms of a deferred payment agreement. (e) Notwithstanding any contrary provision of law, the Regulatory Commission of Alaska and the Alaska Energy Authority may not deny a utility otherwise eligible to receive power cost equalization payments on behalf of a utility customer power cost equalization payments for customers receiving protection under (a) of this section. (f) In this section, "person" means a natural person. * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to read: REGULATORY ASSETS FOR UNPAID UTILITY BILLS AND EXTRAORDINARY EXPENSES.A utility certificated under AS 42.05 may record regulatory assets, to be recovered through future rates, for uncollectable residential utility bills and extraordinary expenses that result from the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act. The determination as to whether an extraordinary expense resulted from the COVID-19 public health disaster emergency and the amortization periods for the regulatory assets are subject to approval by the Regulatory Commission of Alaska before recovery occurs through future rates. * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to read: MORATORIUM ON EVICTIONS FOR NONPAYMENT OF RENT. (a) During the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor on March 11, 2020, as extended by sec. 2 of this Act, the statutory cause of action for forcible entry and detainer for nonpayment of rent under AS 09.45 and any other statutory cause of action that could be used to evict or otherwise eject a person who is a residential tenant for nonpayment of rent is suspended as applied to a person experiencing financial hardship related to the COVID-19 public health disaster emergency. (b) A person seeking protection under (a) of this section shall, before the emergency declaration expires, provide to the landlord a signed statement, sworn under penalty of perjury, that the person is experiencing financial hardship related to the COVID-19 public health disaster emergency. (c) Nothing in this section prevents evictions for misconduct, violations of law, or violations of contracts outside of inability to pay 2020-03-26 House Journal Page 2123 rent; this section may not be construed to increase civil liability in a court of law. (d) This section does not relieve a person of the obligation to pay rent or restrict a landlord's ability to recover rent due. (e) In this section, "person" means a natural person." Renumber the following bill sections accordingly. Page 10, line 18: Delete "6 - 13" Insert "6 - 17" Representative Spohnholz moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Prax objected. Amendment No. 1 to Amendment No. 14 was offered by Representative Pruitt: Page 3, following line 21, insert new material: "*Sec. 18. Section 17 of this Act is repealed June 30, 2020." Representative Pruitt moved and asked unanimous consent that Amendment No. 1 to Amendment No. 14 be adopted. There was objection. Representatives LeDoux, Johnson, Pruitt, Knopp, Fields, Ortiz, Spohnholz, Drummond, Kreiss-Tomkins, Tuck, Thompson, Josephson, Wool, Stutes, Tilton, Merrick, Carpenter, and Prax moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and they were required to vote. The question being: "Shall Amendment No. 1 to Amendment No. 14 be adopted?" The roll was taken with the following result: 2020-03-26 House Journal Page 2124 HCS CSSB 241(RLS) am H Second Reading Amendment No. 1 to Amendment No. 14 YEAS: 31 NAYS: 4 EXCUSED: 4 ABSENT: 1 Yeas: Claman, Drummond, Edgmon, Fields, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux, Merrick, Ortiz, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Prax, Tarr Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Foster And so, Amendment No. 1 to Amendment No. 14 was adopted. The question being: "Shall Amendment No. 14 as amended be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 14 as amended YEAS: 20 NAYS: 15 EXCUSED: 4 ABSENT: 1 Yeas: Claman, Drummond, Fields, Hannan, Hopkins, Jackson, Josephson, Knopp, Kreiss-Tomkins, LeDoux, Ortiz, Pruitt, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Carpenter, Eastman, Edgmon, Gillis, Johnson, Johnston, Kopp, LeBon, Merrick, Prax, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Foster Gillis changed from "YEA" to "NAY" Johnson changed from "YEA" to "NAY" And so, Amendment No. 14 as amended was adopted, and the new title follows: 2020-03-26 House Journal Page 2125 HOUSE CS FOR CS FOR SENATE BILL NO. 241(RLS) am H "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 corporations; relating to municipal government deadlines; relating to the Alaska regional economic assistance program; establishing a conclusive presumption that COVID-19 is an occupational disease for firefighters, emergency medical technicians, paramedics, peace officers, and health care providers; relating to allowable absences for the permanent fund dividend; relating to the Department of Health and Social Services; relating to retail sellers; tolling deadlines for action by the Regulatory Commission of Alaska; relating to disconnection of utility service for nonpayment; relating to power cost equalization; relating to regulatory assets of a utility; relating to evictions; and providing for an effective date." Amendment No. 15 was offered by Representatives Tarr and Drummond: Page 9, line 3, following "regulations": Insert "The director shall inform Alaskans if the calendar year 2020 elections will be held in the same manner as an election by mail under AS 15.20.800. The means to inform Alaskans include, but are not limited to, mail, email, phone calls, social media, public service announcements, radio advertisements, television advertisements, web announcements, or print media." Representative Tarr moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Carpenter objected. 2020-03-26 House Journal Page 2126 Representative Johnson moved and asked unanimous consent to limit debate to 2 minutes. There being no objection, it was so ordered. Amendment No. 1 to Amendment No. 15 was offered by Representative Tuck: Following the end of Amendment No. 15 insert the following: "Page 8, lines 29 - 31: Delete "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" Insert "for the duration of the public health disaster emergency declaration issued by the governor on March 11, 2020, the director of the division of elections may conduct all elections"" Representative Tuck moved and asked unanimous consent that Amendment No. 1 to Amendment No. 15 be adopted. There was objection. The question being: "Shall Amendment No. 1 to Amendment No. 15 be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 1 to Amendment No. 15 YEAS: 18 NAYS: 16 EXCUSED: 4 ABSENT: 2 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Knopp, LeDoux, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Carpenter, Eastman, Gillis, Jackson, Johnson, Johnston, Kopp, LeBon, Merrick, Prax, Pruitt, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Foster, Kreiss-Tomkins And so, Amendment No. 1 to Amendment No. 15 was adopted. 2020-03-26 House Journal Page 2127 The question being: "Shall Amendment No. 15 as amended be adopted?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Second Reading Amendment No. 15 as amended YEAS: 21 NAYS: 14 EXCUSED: 4 ABSENT: 1 Yeas: Claman, Drummond, Edgmon, Fields, Gillis, Hannan, Hopkins, Josephson, Knopp, Kreiss-Tomkins, LeDoux, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Jackson, Johnson, Johnston, Kopp, LeBon, Merrick, Prax, Pruitt, Shaw, Sullivan-Leonard, Talerico, Tilton Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Foster And so, Amendment No. 15 as amended was adopted. Representative Thompson moved and asked unanimous consent that HCS CSSB 241(RLS) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 241(RLS) am H was read the third time. The question being: "Shall HCS CSSB 241(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 241(RLS) am H Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, LeBon, LeDoux, Merrick, Ortiz, Prax, Pruitt, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Nays: Eastman 2020-03-26 House Journal Page 2128 Excused: Lincoln, Neuman, Rasmussen, Rauscher Absent: Kreiss-Tomkins And so, HCS CSSB 241(RLS) am H passed the House. Representative Thompson moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 241(RLS) am H was referred to the Chief Clerk for engrossment.