Legislature(2021 - 2022)
2021-04-19 House Journal
Full Journal pdf2021-04-19 House Journal Page 0651 HB 3 The following was read the second time: HOUSE BILL NO. 3 "An Act relating to the definition of 'disaster.'" with the: Journal Page STA RPT CS(STA) 1DP 1NR 5AM 288 FN1: ZERO(ADM) 288 JUD RPT CS(JUD) 5DP 2AM 375 FN1: ZERO(ADM) 375 Representative Claman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 3(JUD) (same title) There being no objection, it was so ordered. **The presence of Representative Kreiss-Tomkins was noted. Amendment No. 1 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to a declaration of a disaster emergency; and" Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 26.23.020(c) is amended to read: (c) If the governor finds that a disaster has occurred or that a disaster is imminent or threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The 2021-04-19 House Journal Page 0652 disaster emergency remains in effect until the governor finds that the danger has passed or the disaster has been dealt with so that the emergency no longer exists. The governor may terminate the disaster emergency by proclamation. A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster under (i) or (j) of this section. Unless authorized by a majority of the members of the legislature in joint session or by concurrent resolution, the governor may not declare a condition of disaster emergency (1) while a declared condition of disaster emergency remains in effect; and (2) related to a condition of disaster emergency previously declared by that governor." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Representative Eastman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Johnson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 3(JUD) Second Reading Amendment No. 1 YEAS: 6 NAYS: 30 EXCUSED: 4 ABSENT: 0 Yeas: Eastman, Gillham, Kurka, McKay, Rauscher, Vance 2021-04-19 House Journal Page 0653 Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, McCabe, McCarty, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Wool, Zulkosky Excused: Kaufman, LeBon, Thompson, Tuck And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "Act" (title amendment): Insert "relating to the powers of the governor during a disaster emergency; relating to the powers of municipalities; and" Page 1, following line 2: Insert new bill sections to read: "* Section 1. 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. 2. AS 26.23.020 is amended by adding new subsections to read: (l) The governor 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. (m) In this section, "business" has the meaning given in AS 18.35.399. * Sec. 3. 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, 2021-04-19 House Journal Page 0654 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." Page 1, line 3: Delete "Section 1" Insert "Sec. 4" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 3(JUD) Second Reading Amendment No. 2 YEAS: 8 NAYS: 28 EXCUSED: 4 ABSENT: 0 Yeas: Carpenter, Eastman, Gillham, Kurka, McCarty, McKay, Rauscher, Vance Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, McCabe, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Wool, Zulkosky Excused: Kaufman, LeBon, Thompson, Tuck And so, Amendment No. 2 was not adopted. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Eastman: 2021-04-19 House Journal Page 0655 Page 1, line 1, following "Act" (title amendment): Insert "relating to the civil liability of employers; and" Page 1, following line 2: Insert new bill sections to read: "* Section 1. AS 09.65 is amended by adding a new section to read: Sec. 09.65.355. Liability of employers who encourage the administration of a COVID-19 vaccine. Notwithstanding AS 09.50.250 and AS 09.65.070, an employer who incentivizes, induces, or encourages an employee to accept administration of a vaccine for novel coronavirus disease (COVID-19), or penalizes or threatens to penalize an employee for not receiving a COVID-19 vaccine, is civilly liable for any damages incurred by the employee as the result of an adverse reaction to the COVID-19 vaccine, to the extent permitted by federal law. * Sec. 2. AS 23.30.055 is amended by adding a new subsection to read: (b) Notwithstanding (a) of this section or AS 23.30.045, this chapter does not apply to a claim arising under AS 09.65.355." Page 1, line 3: Delete "Section 1" Insert "Sec. 3" Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Johnson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 3(JUD) Second Reading Amendment No. 4 YEAS: 3 NAYS: 33 EXCUSED: 4 ABSENT: 0 Yeas: Eastman, Kurka, McKay Nays: Carpenter, Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, 2021-04-19 House Journal Page 0656 Kreiss-Tomkins, McCabe, McCarty, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Vance, Wool, Zulkosky Excused: Kaufman, LeBon, Thompson, Tuck And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 1, line 1, following "'disaster'" (title amendment): Insert "and relating to COVID-19 immunization rights." Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 18.09 is amended by adding new sections to read: Article 2A COVID-19 immunization rights. Sec. 18.09.270 Access to areas and services. A business, state, agency, or political subdivision of the state may not require an individual to be vaccinated against COVID-19 for the individual to access an area or service that is open to the public. In this section, "business" has the meaning given in AS 18.35.399. Sec. 18.09.280. Exercise of rights and access to benefits. A state agency or political subdivision of the state may not adopt or issue a regulation, ordinance, order, or similar policy that requires an individual to be vaccinated against COVID-19 for the individual to exercise a right or receive a benefit that is available to the public. Sec. 18.09.290. Definition. In AS 18.09.270-18.09.290, "COVID-19" means the novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2(SARS-CoV-2)." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Prax objected. 2021-04-19 House Journal Page 0657 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 3(JUD) Second Reading Amendment No. 5 YEAS: 6 NAYS: 30 EXCUSED: 4 ABSENT: 0 Yeas: Carpenter, Eastman, Kurka, McCabe, McKay, Vance Nays: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, McCarty, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Wool, Zulkosky Excused: Kaufman, LeBon, Thompson, Tuck And so, Amendment No. 5 was not adopted. Representative Claman moved and asked unanimous consent that CSHB 3(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 3(JUD) was read the third time. The question being: "Shall CSHB 3(JUD) pass the House?" The roll was taken with the following result: CSHB 3(JUD) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kreiss-Tomkins, McCabe, McCarty, McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tilton, Vance, Wool, Zulkosky Nays: Carpenter, Eastman, Kurka 2021-04-19 House Journal Page 0658 Excused: Kaufman, LeBon, Thompson, Tuck And so, CSHB 3(JUD) passed the House and was referred to the Chief Clerk for engrossment.