Legislature(2021 - 2022)

2021-03-25 House Journal

Full Journal pdf

2021-03-25                     House Journal                      Page 0426
HB 76                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 76                                                                                                          
     "An Act extending the January 15, 2021, governor's declaration of                                                          
     a public health disaster emergency in response to the novel                                                                
     coronavirus disease (COVID-19) pandemic; providing for a                                                                   
     financing plan; making temporary changes to state law in response                                                          
     to the COVID-19 outbreak in the following areas: occupational                                                              
     and professional licensing, practice, and billing; telehealth;                                                             
     fingerprinting requirements for health care providers; charitable                                                          
     gaming and online ticket sales; access to federal stabilization                                                            
     funds; wills; unfair or deceptive trade practices; and meetings of                                                         
     shareholders; and providing for an effective date."                                                                        
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 HSS RPT CS(HSS) NT 4DP 2DNP 1NR 299                                                                                            
 FN1: ZERO(CED) 299                                                                                                             
 FN2: ZERO(DHS) 299                                                                                                             
 FN3: ZERO(DPS) 299                                                                                                             
 FN4: INDETERMINATE(MVA) 299                                                                                                    
 FN5: INDETERMINATE(REV) 299                                                                                                    
 FIN RPT CS(FIN) NT 5DP 3DNP 3NR 410                                                                                            
 FN1: ZERO(CED) 410                                                                                                             
 FN2: ZERO(DHS) 410                                                                                                             
 FN3: ZERO(DPS) 410                                                                                                             
 FN4: INDETERMINATE(MVA) 410                                                                                                    
 FN5: INDETERMINATE(REV) 410                                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                

2021-03-25                     House Journal                      Page 0427
     CS FOR HOUSE BILL NO. 76(FIN)                                                                                              
     "An Act extending the January 15, 2021, governor's declaration of                                                          
     a public health disaster emergency in response to the novel                                                                
     coronavirus disease (COVID-19) pandemic; approving and                                                                     
     ratifying declarations of a public health disaster emergency;                                                              
     providing for a financing plan; making temporary changes to state                                                          
     law in response to the COVID-19 outbreak in the following areas:                                                           
     occupational and professional licensing, practice, and billing;                                                            
     telehealth; fingerprinting requirements for health care providers;                                                         
     charitable gaming and online ticket sales; access to federal                                                               
     stabilization funds; wills; unfair or deceptive trade practices;                                                           
     meetings of shareholders; and school operating funds; relating to                                                          
     informed consent for COVID-19 vaccines; relating to personal                                                               
     objections to the administration of COVID-19 vaccines; providing                                                           
     immunity from liability and disciplinary action for occupational                                                           
     licensees for exposure of clients to COVID-19; providing                                                                   
     immunity from liability for persons engaging in business and their                                                         
     employees for exposure of customers to COVID-19; and                                                                       
     providing for an effective date."                                                                                          
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representative Thompson:                                                                         
                                                                                                                                
Page 1, line 1, through page 2, line 1 (title amendment):                                                                       
     Delete all material and insert:                                                                                            
     ""An Act relating to the state's response to and recovery from                                                           
the novel coronavirus disease (COVID-19) pandemic; making                                                                     
temporary changes to state law in response to the COVID-19                                                                    
outbreak in the following areas: powers delegated to the                                                                      
Department of Health and Social Services; powers delegated to the                                                             
Department of Military and Veterans' Affairs; occupational and                                                                
professional licensing, practice, and billing; telehealth;                                                                    
fingerprinting requirements for health care providers; charitable                                                             
gaming and online ticket sales; access to federal stabilization                                                               
funds; wills; unfair or deceptive trade practices; and meetings of                                                            
shareholders; relating to informed consent for COVID-19                                                                       
vaccines; relating to personal objections to the administration of                                                            
COVID-19 vaccines; providing immunity from liability and                                                                      
disciplinary action for occupational licensees for exposure of                                                                

2021-03-25                     House Journal                      Page 0428
clients to COVID-19; providing immunity from liability for                                                                    
persons engaging in business and their employees for exposure of                                                              
customers to COVID-19; relating to civil and criminal liability;                                                              
and providing for an effective date.""                                                                                        
                                                                                                                                
Page 2, line 3, through page 5, line 25:                                                                                        
     Delete all material and insert:                                                                                            
"* Section 1. The uncodified law of the State of Alaska is amended                                                            
by adding a new section to read:                                                                                                
     LEGISLATIVE INTENT: COVID-19 PANDEMIC RESPONSE.                                                                            
It is the intent of the legislature that                                                                                        
         (1)  certain limited authority be granted to the Department of                                                         
Health and Social Services, the Department of Military and Veterans'                                                            
Affairs, and the Department of Commerce, Community, and                                                                         
Economic Development to implement the state's response to the                                                                   
ongoing pandemic related to the novel coronavirus disease (COVID-                                                               
19); and                                                                                                                        
         (2)  the governor is authorized to communicate to federal                                                              
agencies that the authorities granted by this Act are in response to the                                                        
ongoing pandemic and statewide public health emergency posed by                                                                 
COVID-19 and tied to the federal public health emergency and major                                                              
disaster declarations.                                                                                                          
   * Sec. 2. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
     POWERS OF THE DEPARTMENT OF HEALTH AND                                                                                     
SOCIAL SERVICES. Notwithstanding any other provision of law, the                                                                
Department of Health and Social Services may                                                                                    
         (1)  coordinate, allocate, distribute, and manage the state's                                                          
vaccination and therapeutic response to the novel coronavirus disease                                                           
(COVID-19) pandemic; and                                                                                                        
         (2)  continue cooperating with the federal government on                                                               
              (A)  emergency allotments under the Supplemental                                                                  
     Nutritional Assistance Program;                                                                                            
              (B)  blanket waivers enacted by the United States                                                                 
     Department of Health and Human Services, Centers for Medicare                                                              
     and Medicaid Services;                                                                                                     
              (C)  waivers under section 1135 of the Social Security                                                            
     Act; and                                                                                                                   
              (D)  waivers under section 1915(c) of the Social Security                                                         
     Act, including Appendix K.                                                                                                 
   * Sec. 3. The uncodified law of the State of Alaska is amended by                                                          

2021-03-25                     House Journal                      Page 0429
adding a new section to read:                                                                                                   
     POWERS OF THE DEPARTMENT OF MILITARY AND                                                                                   
VETERANS' AFFAIRS. (a) The Department of Military and Veterans'                                                                 
Affairs may                                                                                                                     
         (1)  support and assist the Department of Health and Social                                                            
Services in implementing the provisions of sec. 2 of this Act;                                                                  
         (2)  receive delegations of authority from the governor                                                                
allowing activation of the Alaska organized militia under                                                                       
AS 26.05.070 to respond to, and aid in the recovery from, the novel                                                             
coronavirus disease (COVID-19) pandemic; and                                                                                    
         (3)  coordinate with the Federal Emergency Management                                                                  
Agency to maintain or increase funding for non-congregate shelters                                                              
providing temporary quarantine and isolation for the following:                                                                 
              (A)  a first responder or health care worker who must                                                             
     quarantine to prevent exposure to family members;                                                                          
              (B)  members of a homeless family residing in a                                                                   
     congregate shelter if at least one member of the family tested                                                             
     positive for COVID-19 and requires isolation;                                                                              
              (C)  a homeless individual who has tested positive for                                                            
     COVID-19 or who has been exposed to COVID-19 and requires                                                                  
     isolation while awaiting test results;                                                                                     
              (D)  a homeless shelter occupant;                                                                                 
              (E)  an individual living with a certain underlying medical                                                       
     condition identified by the Centers for Disease Control and                                                                
     Prevention, United States Department of Health and Human                                                                   
     Services, that places the individual at increased risk of severe                                                           
     illness from COVID-19, including cancer, chronic kidney disease,                                                           
     chronic obstructive pulmonary disease, Down syndrome, heart                                                                
     conditions, an immunocompromised state resulting from solid                                                                
     organ transplant, obesity, severe obesity, pregnancy, sickle cell                                                          
     disease, smoking, and type 2 diabetes mellitus.                                                                            
     (b)  In this section, "non-congregate shelter" includes hotels,                                                            
college and university dormitories, and properly modified                                                                       
nontraditional structures."                                                                                                     
                                                                                                                                
Page 6, lines 5 - 6:                                                                                                            
     Delete ", or 60 days after the date the governor determines, under                                                         
sec. 2 of this Act, that the public health disaster emergency no longer                                                         
exists, whichever is earlier"                                                                                                   
                                                                                                                                

2021-03-25                     House Journal                      Page 0430
Page 6, lines 10 - 12:                                                                                                          
     Delete "during the novel coronavirus disease (COVID-19) public                                                             
health disaster emergency declared by the governor on January 15,                                                               
2021, as extended by sec. 2 of this Act,"                                                                                       
                                                                                                                                
Page 6, line 18:                                                                                                                
     Delete "public health disaster emergency"                                                                                  
     Insert "novel coronavirus disease (COVID-19) pandemic"                                                                     
                                                                                                                                
Page 6, line 19:                                                                                                                
     Delete "the earlier of"                                                                                                    
     Insert "September 30, 2021."                                                                                               
                                                                                                                                
Page 6, lines 20 - 22:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Page 6, line 24:                                                                                                                
     Delete "public health disaster emergency"                                                                                  
     Insert "novel coronavirus disease (COVID-19) pandemic"                                                                     
                                                                                                                                
Page 7, lines 16 - 18:                                                                                                          
     Delete "during the novel coronavirus disease (COVID-19) public                                                             
health disaster emergency declared by the governor under                                                                        
AS 26.23.020 on January 15, 2021, as extended by sec. 2 of this Act,"                                                           
                                                                                                                                
Page 8, lines 8 - 9:                                                                                                            
     Delete "COVID-19 public health disaster emergency"                                                                         
     Insert "novel coronavirus disease (COVID-19) pandemic"                                                                     
                                                                                                                                
Page 8, lines 16 - 18:                                                                                                          
     Delete "For the duration of the novel coronavirus disease                                                                  
(COVID-19) public health disaster emergency declaration issued by                                                               
the governor on January 15, 2021, as extended by sec. 2 of this Act,                                                            
the"                                                                                                                            
     Insert "The"                                                                                                               
                                                                                                                                
Page 9, lines 18 - 20:                                                                                                          
     Delete "for the duration of the novel coronavirus disease (COVID-                                                          
19) public health disaster emergency declared by the governor under                                                             
AS 26.23.020 on January 15, 2021, as extended by sec. 2 of this Act,"                                                           

2021-03-25                     House Journal                      Page 0431
Page 11, following line 1:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 13. The uncodified law of the State of Alaska is amended by                                                        
adding a new section to read:                                                                                                   
     CIVIL AND CRIMINAL LIABILITY. (a) A state agency, or an                                                                    
employee or agent of the state acting in an official capacity for the                                                           
state, is immune from civil and criminal liability for acts performed in                                                        
good faith based on the authority granted by this Act.                                                                          
     (b)  A person is immune from civil and criminal liability for acts                                                         
performed in good faith at the request of a government agency acting                                                            
on the authority granted by this Act. This immunity does not apply to                                                           
an act or omission that constitutes gross negligence, reckless                                                                  
misconduct, or intentional misconduct."                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, lines 15 - 19:                                                                                                         
     Delete all material and insert:                                                                                            
"* Sec. 19. (a) Sections 1 - 3, 5 - 11, and 13 of this Act are repealed                                                       
September 30, 2021."                                                                                                            
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "(a) Except as provided in (b) of this section, this"                                                               
     Insert "This"                                                                                                              
                                                                                                                                
Page 12, line 25:                                                                                                               
     Delete all material.                                                                                                       
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Edgmon objected.                                                                                                 
                                                                                                                                
Representative Carpenter rose to a point of order regarding the                                                                 
relevance of the debate.                                                                                                        
                                                                                                                                
The Speaker cautioned members to refrain from referencing the                                                                   
Governor but allowed reference to his letter.                                                                                   
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0432
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman,                                                                    
Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen,                                                                  
Rauscher, Shaw, Thompson, Tilton, Vance                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
The Speaker stated that amendments to CSHB 76(FIN) are due to the                                                               
Chief Clerk's office by 1:00 p.m., today.                                                                                       
                                                                                                                                
Amendment No. 2 was offered  by Representatives Kurka and                                                                        
Eastman:                                                                                                                        
                                                                                                                                
Page 1, line 10, following "vaccines;" (title amendment):                                                                     
     Insert "relating to the powers of the governor during a disaster                                                         
emergency; relating to the powers of municipalities;"                                                                         
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 14. AS 26.23.020(b) is amended to read:                                                                               
         (b)  Except as provided in (l) of this section, the [THE]                                                        
     governor may issue orders, proclamations, and regulations                                                                  
     necessary to carry out the purposes of this chapter, and amend or                                                          
     rescind them. These orders, proclamations, and regulations have                                                            
     the force of law.                                                                                                          
   * Sec. 15. AS 26.23.020 is amended by adding new subsections to                                                            
read:                                                                                                                           
         (l)  The governor may not issue an order, proclamation, or                                                             
     regulation that                                                                                                            

2021-03-25                     House Journal                      Page 0433
              (1)  requires an individual to stay at home or shelter in                                                         
     place;                                                                                                                     
              (2)  prohibits or restricts the operations of a business or a                                                     
     place of worship; or                                                                                                       
              (3)  declares a person or a business as essential or                                                              
     nonessential based on the trade or occupation of the person or                                                             
     business.                                                                                                                  
         (m)  In this section, "business" has the meaning given in                                                              
     AS 18.35.399.                                                                                                              
   * Sec. 16. AS 26.23.140 is amended by adding new subsections to                                                            
read:                                                                                                                           
         (d)  Notwithstanding a local disaster emergency declared                                                               
     under (a) of this section, a municipality may not issue an order,                                                          
     proclamation, or regulation that                                                                                           
              (1)  requires an individual to stay at home or shelter in                                                         
     place;                                                                                                                     
              (2)  prohibits or restricts the operations of a business or a                                                     
     place of worship; or                                                                                                       
              (3)  declares a person or a business as essential or                                                              
     nonessential based on the trade or occupation of the person or                                                             
     business.                                                                                                                  
         (e)  In this section, "business" has the meaning given in                                                              
     AS 18.35.399."                                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "14"                                                                                                                
     Insert "17"                                                                                                                
                                                                                                                                
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 13, and 17 - 21 of this Act are"                                                        
                                                                                                                                
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0434
Representative Tuck moved and asked unanimous consent that                                                                      
Representative Carpenter be excused from a call of the House today.                                                             
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw,                                                                           
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck,                                                               
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
1:15 p.m.; and so, the House recessed at 12:11 p.m.