Legislature(2021 - 2022)

2021-03-25 House Journal

Full Journal pdf

2021-03-25                     House Journal                      Page 0421
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                        THIRTY-SECOND LEGISLATURE                                                                            
                                                                                                                                
                              FIRST SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday                March 25, 2021                                                       
                                                                                                                                
                             Sixty-sixth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Stutes at 10:17 a.m.                                                                                                            
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, Representative Eastman.                                                             
Representative Thompson moved and asked unanimous consent that                                                                  
the invocation be spread on the journal. There being no objection, it                                                           
was so ordered.                                                                                                                 
                                                                                                                                
     The Cadet Prayer from West Point. Please bow with me if that                                                               
     is your custom:                                                                                                            
                                                                                                                                
     O God, our Father, thou searcher of human hearts, help us to                                                               
     draw near to thee in sincerity and truth. May our religion be                                                              
     filled with gladness and may our worship of thee be natural.                                                               
                                                                                                                                
     Strengthen and increase our admiration for honest dealing and                                                              
     clean thinking, and suffer not our hatred of hypocrisy and                                                                 
     pretense ever to diminish. Encourage us in our endeavor to                                                                 
     live above the common level of life. Make us to choose the                                                                 
     harder right instead of the easier wrong, and never to be                                                                  
     content with a half truth when the whole can be won.                                                                       
                                                                                                                                
     Endow us with courage that is born of loyalty to all that is                                                               
     noble and worthy, that scorns to compromise with vice and                                                                  
     injustice and knows no fear when truth and right are in                                                                    
     jeopardy.                                                                                                                  

2021-03-25                     House Journal                      Page 0422
     Guard us against flippancy and irreverence in the sacred                                                                   
     things of life. Grant us new ties of friendship and new                                                                    
     opportunities of service. Kindle our hearts in fellowship with                                                             
     those of a cheerful countenance, and soften our hearts with                                                                
     sympathy for those who sorrow and suffer. Help us to                                                                       
     maintain the honor of the Corps untarnished and unsullied and                                                              
     to show forth in our lives the ideals of West Point in doing our                                                           
     duty to thee and to our country. All of which we ask in the                                                                
     name of the great friend and master of all. Amen.                                                                          
                                                                                                                                
The Pledge of Allegiance was led by Representative Hannan.                                                                      
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 65th legislative day be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                        MESSAGES FROM THE GOVERNOR                                                                           
                                                                                                                                
A letter dated March 24 was read stating that, in accordance with                                                               
AS 14.40.150 and art. VII, sec. 3, Constitution of the State of Alaska,                                                         
the Governor submits the following name for legislative confirmation                                                            
of appointment to the position noted.                                                                                           
                                                                                                                                
The Speaker referred the following to the Education Committee:                                                                  
                                                                                                                                
University of Alaska Board of Regents                                                                                         
John “Scott” Jepsen – Anchorage                                                                                                 
Appointed: 3/23/2021  Term Expires: 2/6/2023                                                                                    
                                                                                                                                
A resume for the appointment is on file in the Chief Clerk's office.                                                            
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 109                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 109                                                                                                         
     "An Act extending the termination date of the Board of Governors                                                           
     of the Alaska Bar Association; and providing for an effective                                                              
     date."                                                                                                                     

2021-03-25                     House Journal                      Page 0423
The report was signed by Representative Claman, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Drummond, Snyder, Kreiss-Tomkins, Claman                                                                          
                                                                                                                                
No recommendation (2):  Eastman, Vance                                                                                          
                                                                                                                                
Amend (1):  Kurka                                                                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Office of the Governor/Combined                                                                                       
                                                                                                                                
HB 109 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 121                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 121                                                                                                         
     "An Act relating to education tax credits for certain payments and                                                         
     contributions for child care and child care facilities; and providing                                                      
     for an effective date."                                                                                                    
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 121(L&C)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Spohnholz and Fields, Co-                                                              
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Snyder, McCarty, Spohnholz, Fields                                                                                
                                                                                                                                
Do not pass (1):  Nelson                                                                                                        
                                                                                                                                
No recommendation (1):  Kaufman                                                                                                 
                                                                                                                                
Amend (1):  Schrage                                                                                                             
                                                                                                                                
The following fiscal note(s) apply to CSHB 121(L&C):                                                                            

2021-03-25                     House Journal                      Page 0424
1. Indeterminate, Dept. of Commerce, Community, & Economic                                                                      
 Development                                                                                                                    
2. Indeterminate, Dept. of Revenue                                                                                              
                                                                                                                                
HB 121 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 132                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 132                                                                                                         
     "An Act relating to technical education and apprenticeships;                                                               
     relating to concurrent vocational education, training, and on-the-                                                         
     job trade experience programs for students enrolled in public                                                              
     secondary schools; relating to child labor; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 132(L&C)                                                                                             
     "An Act relating to technical education and registered                                                                     
     apprenticeships."                                                                                                          
                                                                                                                                
The report was signed by Representatives Spohnholz and Fields, Co-                                                              
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Snyder, Schrage, McCarty, Spohnholz, Fields                                                                       
                                                                                                                                
Amend (1):  Nelson                                                                                                              
                                                                                                                                
The following fiscal note(s) apply to CSHB 132(L&C):                                                                            
                                                                                                                                
1.  Zero, Dept. of Labor & Workforce Development                                                                                
2.  Zero, Dept. of Labor & Workforce Development                                                                                
3.  Indeterminate, Dept. of Revenue                                                                                             
4.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
HB 132 was referred to the Education Committee.                                                                                 
                                                                                                                                
HB 133                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      

2021-03-25                     House Journal                      Page 0425
     HOUSE BILL NO. 133                                                                                                         
     "An Act relating to the Alaska savings program for eligible                                                                
     individuals; relating to education savings programs; relating to the                                                       
     Education Trust of Alaska; relating to the Alaska advance college                                                          
     tuition savings fund; relating to the Alaska education savings                                                             
     program for children; and relating to the Governor's Council on                                                            
     Disabilities and Special Education."                                                                                       
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 133(L&C)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Spohnholz and Fields, Co-                                                              
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (6):  Snyder, Schrage, McCarty, Nelson, Spohnholz, Fields                                                               
                                                                                                                                
No recommendation (1):  Kaufman                                                                                                 
                                                                                                                                
The following fiscal note(s) apply to CSHB 133(L&C):                                                                            
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
2.  Zero, University of Alaska                                                                                                  
                                                                                                                                
HB 133 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Michaela Goade                                                                                                       
By Representatives Kreiss-Tomkins, Story                                                                                        
                                                                                                                                
Honoring - Josephine Tatauq Bourdon                                                                                             
By Representative Foster; Senator Olson                                                                                         
                                                                                                                                
Honoring - Alaska's Principals & Assistant Principals                                                                           
By Senator Stevens; Representative Story                                                                                        

2021-03-25                     House Journal                      Page 0426
In Memoriam - Annette Harpster                                                                                                  
By Representative Rauscher                                                                                                      
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
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.                                                                             
                                                                                                                                
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 1:17 p.m.                                                                         
                                                                                                                                
Representative Edgmon requested that members stand for a moment of                                                              
silence to honor the life of Gail Phillips, former Speaker of the House.                                                        
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 76                                                                                                                         
CSHB 76(FIN) was before the House in second reading.                                                                            
                                                                                                                                
Amendment No. 3 was offered  by Representatives Kurka and                                                                        
Eastman:                                                                                                                        

2021-03-25                     House Journal                      Page 0435
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to civil rights;"                                                                                       
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 18.80.210 is amended to read:                                                                                  
         Sec. 18.80.210. Civil rights. The opportunity to obtain                                                              
     employment, credit and financing, public accommodations,                                                                   
     housing accommodations, and other property without                                                                         
     discrimination because of sex, physical or mental disability,                                                              
     marital status, changes in marital status, pregnancy, parenthood,                                                          
     race, religion, color, [OR] national origin, or COVID-19                                                               
     vaccination status is a civil right. In this section, "COVID-19"                                                   
     means the novel coronavirus disease caused by the severe                                                               
         acute respiratory syndrome coronavirus 2 (SARS-CoV-2)."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
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 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0436
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Patkotak, Prax, Rasmussen, Rauscher,                                                                    
Shaw, Thompson, Tilton, Vance                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Nelson, Ortiz,                                                                     
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
Ad so, Amendment No. 3 was not adopted.                                                                                         
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to a declaration of a disaster emergency;"                                                              
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. 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                                                               
     disaster emergency remains in effect until the governor or the                                                         
     legislature 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                                                              
     or the legislature may terminate the disaster emergency by a                                                           
     majority vote of the members in joint session or by a                                                                  
     concurrent resolution. A proclamation of disaster emergency                                                            
     may not remain in effect longer than 30 days unless extended by a                                                      
     majority of the members of the legislature in joint session or 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                                                      

2021-03-25                     House Journal                      Page 0437
        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."                                                                                 
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Spohnholz objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  21   EXCUSED:  1   ABSENT:  1                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw,                                                                           
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Drummond, Edgmon, Fields, Foster, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Rasmussen,                                                                 
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
Absent:  Claman                                                                                                                 
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                

2021-03-25                     House Journal                      Page 0438
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to COVID-19 vaccine inquiries;"                                                                         
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 18.09 is amended by adding a new section to read:                                                              
   Article 2A. COVID-19 Immunization Rights.                                                                                  
         Sec. 18.09.250. Vaccination inquiries and lists. An                                                                  
     employee of the state or an employee of a political subdivision of                                                         
     the state may not ask an individual whether that individual has                                                            
     been vaccinated against COVID-19. A state agency or a political                                                            
     subdivision of the state may not create, maintain, or possess a list                                                       
     of individuals who have or have not been vaccinated against                                                                
     COVID-19. In this section, "COVID-19" means the novel                                                                      
     coronavirus disease caused by the severe acute respiratory                                                                 
     syndrome coronavirus 2 (SARS-CoV-2)."                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
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 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Patkotak objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                

2021-03-25                     House Journal                      Page 0439
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. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was not offered.                                                                                                
                                                                                                                                
Amendment No. 7 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 11, following "COVID-19;" (title amendment):                                                                     
     Insert "relating to the civil liability of employers;"                                                                   
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 14. AS 09.65 is amended by adding a new section to read:                                                              
         Sec. 09.65.355. Liability of employers who encourage                                                                 
     health-related actions. Notwithstanding AS 09.50.250 and AS                                                              
     09.65.070, an employer who incentivizes, induces, or encourages                                                            
     an employee to receive a medical intervention, or penalizes an                                                             
     employee for not receiving a medical intervention, is civilly liable                                                       
     for any damages incurred by the employee as the result of an                                                               
     adverse reaction to the medical intervention. In this section,                                                             
     "medical intervention" includes a treatment, procedure,                                                                    
     vaccination, countermeasure, or other action taken to prevent or                                                           
     treat disease or improve health.                                                                                           
   * Sec. 15. 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."                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0440
Page 12, line 13:                                                                                                               
     Delete "14"                                                                                                                
     Insert "16"                                                                                                                
                                                                                                                                
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 16 - 20 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Prax, Rauscher, Shaw, Thompson, Tilton,                                                                 
Vance                                                                                                                           
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Nelson, Ortiz,                                                                     
Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                           
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 8 (title amendment):                                                                                               
     Delete "and school operating funds;"                                                                                     
     Insert "school operating funds; and exposure of a natural                                                              
person to COVID-19;"                                                                                                          
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0441
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:                                                                                                   
     LIABILITY FOR EXPOSURE TO COVID-19. (a)                                                                                    
Notwithstanding another provision of law to the contrary and subject                                                            
to (b) of this section and AS 23.30, a natural person, a corporation, a                                                         
nonprofit corporation, a partnership, a limited liability company, an                                                           
association, a joint venture, a trust, an estate, a municipal school                                                            
district, a regional educational attendance area, a church or religious                                                         
organization, a municipality, a college, university, or other institution                                                       
of higher education, the Alaska Railroad, a public corporation or                                                               
authority, and the executive, legislative, and judicial branches of state                                                       
government are immune from civil liability for sickness, death,                                                                 
economic loss, and other damages resulting from exposure of a natural                                                           
person to COVID-19.                                                                                                             
     (b)  The immunity provided under (a) of this section does not                                                              
apply to exposure to COVID-19 resulting from gross negligence,                                                                  
recklessness, or intentional misconduct.                                                                                        
     (c)  The immunity provided under (a) of this section is in addition                                                        
to any other immunity from liability provided under state or federal                                                            
law."                                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, lines 13 - 14:                                                                                                         
     Delete all material and insert:                                                                                            
     "APPLICABILITY. (a) Section 13 of this Act applies to novel                                                                
coronavirus disease (COVID-19) exposure occurring on or after the                                                               
effective date of sec. 13 of this Act.                                                                                          
     (b) Sections 14 and 15 of this Act apply to novel coronavirus                                                              
disease (COVID-19) exposure occurring on or after February 15,                                                                  
2021.                                                                                                                           
     (c)  Nothing in sec. 13 of this Act modifies the application of AS                                                         
23.30."                                                                                                                         
                                                                                                                                
Page 12, following line 20:                                                                                                     
     Insert a new subsection to read:                                                                                           
     "(c)  Section 13 of this Act is repealed August 31, 2025."                                                                 
                                                                                                                                

2021-03-25                     House Journal                      Page 0442
Page 12, line 23:                                                                                                               
     Delete "Except as provided in (b) of this section, this Act is"                                                            
   Insert "Sections 1, 2(b) - (d), 3 - 12, and 14 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  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                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 8 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 10, following "vaccines;"(title amendment):                                                                      
     Insert "relating to COVID-19 immunization rights;"                                                                       
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. 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                                                                    

2021-03-25                     House Journal                      Page 0443
     individual to access an area or service that is open to the public. In                                                     
     this subsection, "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)."                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 15"                                                                                                         
                                                                                                                                
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 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Fields objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Nelson, Patkotak, Prax, Rasmussen,                                                                      
Rauscher, Shaw, Thompson, Tilton, Vance                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0444
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage,                                                                    
Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky                                                                    
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 10 was offered  by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 11, following "COVID-19;"(title amendment):                                                                      
     Insert "relating to the civil liability of common carriers and                                                           
transportation network companies;"                                                                                            
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert a new bill section to read:                                                                                         
"* Sec. 14. AS 09.65 is amended by adding a new section to read:                                                              
         Sec. 09.65.360. Liability of common carriers and                                                                     
     transportation network companies. (a) Notwithstanding                                                                    
     AS 09.50.250 and AS 09.65.070, a common carrier or                                                                         
     transportation network company that requires its passengers, as a                                                          
     condition of transport, to receive a medical intervention is civilly                                                       
     liable for any damages incurred by the passenger that are the result                                                       
     of an adverse reaction to the medical intervention.                                                                        
         (b)  A common carrier or transportation network company is                                                             
     not liable for civil damages under (a) of this section that a                                                              
     passenger incurs from an adverse reaction to a medical                                                                     
     intervention required by the common carrier or transportation                                                              
     network company as a condition of transport if the person                                                                  
     knowingly received a medical intervention to which the person is                                                           
     allergic.                                                                                                                  
         (c)  In this section,                                                                                                  
              (1)  "common carrier" has the meaning given in                                                                    
     AS 04.16.125(c);                                                                                                           
              (2)  "knowingly" has the meaning given in AS 09.58.100;                                                           
              (3)  "medical intervention" includes a treatment,                                                                 
     procedure, vaccination, countermeasure, or other action taken to                                                           
     prevent or treat disease, or improve health;                                                                               
              (4)  "transportation network company" has the meaning                                                             
     given in AS 28.23.180."                                                                                                    
                                                                                                                                

2021-03-25                     House Journal                      Page 0445
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "14"                                                                                                                
     Insert "15"                                                                                                                
                                                                                                                                
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 15 - 19 of this Act are"                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 10 be adopted.                                                                                                    
                                                                                                                                
Representative Claman objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 10 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 10                                                                                                                
                                                                                                                                
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, McCabe,                                                                
McCarty, McKay, Patkotak, Prax, Rasmussen, Rauscher, Shaw,                                                                      
Thompson, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Nelson, Ortiz,                                                              
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 10 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 11 was offered  by Representatives Johnson, Eastman,                                                               
and Rauscher:                                                                                                                   
                                                                                                                                
Page 12, following line 1:                                                                                                      
  Insert a new bill section to read:                                                                                            
 "* Sec 15. The uncodified law of the State of Alaska is amended                                                              

2021-03-25                     House Journal                      Page 0446
by adding a new section to read:                                                                                                
 No money received under the CARES, CRSSA or American                                                                           
Rescue Plan Act may be expended for an abortion that is not                                                                     
mandatory under AS 47.07.030(a). Money may only be expended                                                                     
under this chapter for mandatory services required under Title XIX of                                                           
the Social Security Act and for optional services offered by the state                                                          
plan for medical assistance that has been approved by the United                                                                
States Department of Health and Human Services."                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Johnson moved and asked unanimous consent that                                                                   
Amendment No. 11 be adopted.                                                                                                    
                                                                                                                                
Representative Spohnholz objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 11 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cronk, Eastman, Gillham, Johnson, Kaufman, Kurka, LeBon,                                                                 
McCabe, McCarty, McKay, Merrick, Nelson, Patkotak, Prax,                                                                        
Rasmussen, Rauscher, Shaw, Thompson, Tilton, Tuck, Vance                                                                        
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, Ortiz, Schrage, Snyder,                                                                     
Spohnholz, Story, Stutes, Tarr, Wool, Zulkosky                                                                                  
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 11 was adopted.                                                                                           
                                                                                                                                
Amendment No. 12 was offered  by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 11, following "COVID-19;":                                                                                       
     Insert "relating to martial law;"                                                                                        
                                                                                                                                
                                                                                                                                

2021-03-25                     House Journal                      Page 0447
Page 3, following line 23:                                                                                                      
     Insert a new subsection to read:                                                                                           
     "(c)  The legislature does not find that proclaiming martial law is                                                        
in the best interest of the state. Nothing in this Act shall be construed                                                       
to authorize the proclamation of martial law."                                                                                  
                                                                                                                                
Page 11, following line 17:                                                                                                     
     Insert new bill sections to read:                                                                                          
"* Sec. 14. AS 26.05.090 is amended to read:                                                                                  
         Sec. 26.05.090. Proclamations of martial law. The governor                                                           
     may proclaim martial law when the public safety requires it in                                                             
     case of rebellion or actual or imminent invasion, and may order all                                                        
     or any part of the organized militia into active state service to                                                          
     enforce the proclamation. The militia shall assume only those                                                              
     functions of civil government specified by the governor, or those                                                          
     that, in the discretion of the militia commander, must be assumed                                                          
     in order to accomplish a specific mission assigned by the                                                                  
     governor. Martial law may not continue for longer than 20 days                                                             
     without the approval of a majority of the members of the                                                                   
     legislature in joint session. In this section, "martial law" means                                                     
     the suspension of a civil law or a civil lawmaking process, but                                                        
     does not include the suspension of a law under                                                                         
     AS 26.23.020(g)(1).                                                                                                    
   * Sec. 15. AS 26.23.200 is amended to read:                                                                                
         Sec. 26.23.200. Limitations. Nothing in AS 26.23.010 -                                                               
     26.23.220                                                                                                                  
              (1)  interferes with or allows interference with the course                                                       
     or conduct of a labor dispute, except that actions otherwise                                                               
     authorized by AS 26.23.010 - 26.23.220 or other laws may be                                                                
     taken when necessary to forestall or mitigate imminent or existing                                                         
     danger to public health or safety;                                                                                         
              (2)  interferes with or allows interference with                                                                  
     dissemination of news or comment on public affairs; but any                                                                
     communications facility or organization, including but not limited                                                         
     to radio and television stations, wire services, and newspapers,                                                           
     may be requested to transmit or print public service messages                                                              
     furnishing information or instructions in connection with a                                                                
     disaster emergency, in a manner that encroaches as little as                                                               
        possible on [UPON] the normal functions of the news media;                                                         
              (3)  affects the jurisdiction or responsibilities of police                                                       

2021-03-25                     House Journal                      Page 0448
     forces, firefighting forces, units of the armed forces of the United                                                       
     States, or of any personnel of them, when on active duty; but state,                                                       
     local, and interjurisdictional disaster emergency plans shall place                                                        
     reliance on [UPON] the forces available for performance of                                                             
     functions related to disaster emergencies;                                                                                 
              (4)  limits, modifies, or abridges the authority of the                                                           
     governor to proclaim martial law, or exercise any other powers                                                             
     vested in the governor under the constitution, statutes, or common                                                         
     law of this state independent of, or in conjunction with, any                                                              
     provision of AS 26.23.010 - 26.23.220; in this paragraph,                                                              
         "martial law" has the meaning given in AS 26.05.090; or                                                           
              (5)  authorizes the confiscation of a firearm lawfully                                                            
     owned, possessed, or carried by a law-abiding citizen."                                                                    
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 12, line 13:                                                                                                               
     Delete "13 and 14"                                                                                                         
     Insert "13 and 16"                                                                                                         
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 12 be adopted.                                                                                                    
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
The question being:  "Shall Amendment No. 12 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 76(FIN) am                                                                                                                 
Second Reading                                                                                                                  
Amendment No. 12                                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  21   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  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                                                                                                                        
                                                                                                                                

2021-03-25                     House Journal                      Page 0449
Excused:  Carpenter                                                                                                             
                                                                                                                                
And so, Amendment No. 12 was not adopted.                                                                                       
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSHB
76(FIN) am be considered engrossed, advanced to third reading, and                                                              
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 76(FIN) am will advance to third reading on tomorrow's                                                                     
calendar.                                                                                                                       
                                                                                                                                
                       HOUSE BILLS IN THIRD READING                                                                          
                                                                                                                                
HB 36                                                                                                                         
The following, which was held in third reading from the March 24                                                                
calendar (page 415), was before the House:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 36                                                                                                          
     "An Act relating to an application for a license to operate as a                                                           
     dealer in motor vehicles; and requiring a dealer in motor vehicles                                                         
     to maintain liability and property insurance."                                                                             
                                                                                                                                
Representative Eastman moved and asked unanimous consent that HB
36 be returned to second reading for the specific purpose of                                                                    
considering Amendment No. 1.                                                                                                    
                                                                                                                                
Objection was heard and withdrawn. There being no further objection                                                             
it was so ordered.                                                                                                              
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 2 (title amendment):                                                                                               
     Delete the first occurrence of "and"                                                                                     
     Following "insurance":                                                                                                   
         Insert "; and relating to the definition of motor vehicle                                                            
     dealer"                                                                                                                  
                                                                                                                                
Page 3, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         

2021-03-25                     House Journal                      Page 0450
"* Sec. 4. AS 08.66.350 is amended to read:                                                                                   
     Sec. 08.66.350. Definitions. In this chapter,                                                                            
              (1)  "buyer's agent" means a person who does business in                                                          
     the state by negotiating on behalf of a buyer the purchase of a                                                            
     motor vehicle from a motor vehicle dealer;                                                                                 
              (2)  "department" means the Department of                                                                         
     Administration;                                                                                                            
              (3)  "motor vehicle" means a motor vehicle that is                                                                
     required to be registered under AS 28.10;                                                                                  
              (4)  "motor vehicle dealer" or "dealer"                                                                           
                  (A)  means                                                                                                    
                       (i)  a buyer's agent; or                                                                                 
                       (ii)  a person, other than a manufacturer, who                                                           
              sells, leases, solicits, or arranges for the sale or lease of                                                     
              12 [FIVE] or more motor vehicles in any 12 consecutive                                                        
               months, regardless of who owns the vehicles;                                                                    
                  (B)  does not include                                                                                         
                       (i)  a receiver, a trustee, an administrator, an                                                         
              executor, a guardian, or another person appointed by a                                                            
              court or a person performing duties as a public officer;                                                          
                       (ii)  a person disposing of a motor vehicle                                                              
              acquired and actually used for the person's own use or for                                                        
              the use of a family member of the person, or acquiring a                                                          
              motor vehicle for the person's own use or for the use of a                                                        
              family member of the person if the vehicle is acquired                                                            
              and used in good faith and not for the purpose of avoiding                                                        
              the provisions of this chapter;                                                                                   
                       (iii)  a person who sells motor vehicles as an                                                           
              incident of the person's principal business but who is not                                                        
              engaged primarily in the selling of motor vehicles;                                                               
                       (iv)  an employee of an organization arranging                                                           
              for the purchase or lease by the organization of a vehicle                                                        
              for use in the organization's business;                                                                           
                       (v)  a publication, broadcast, or other                                                                  
              communications media when engaged in the business of                                                              
              advertising, but not otherwise arranging for the sale of a                                                        
              motor vehicle owned by another person."                                                                           
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     

2021-03-25                     House Journal                      Page 0451
Representative Hannan objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 36                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
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. 1 was not adopted.                                                                                        
                                                                                                                                
HB 36 was automatically in third reading.                                                                                       
                                                                                                                                
The question being:  "Shall HB 36 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HB 36                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan,                                                                 
Hopkins, Johnson, Josephson, Kreiss-Tomkins, LeBon, McCarty,                                                                    
Merrick, Nelson, Ortiz, Patkotak, Rasmussen, Rauscher, Schrage,                                                                 
Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool,                                                                   
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Eastman, Gillham, Kaufman, Kurka, McCabe, McKay, Prax,                                                                   
Shaw, Tilton, Vance                                                                                                             
                                                                                                                                
Excused:  Carpenter                                                                                                             
                                                                                                                                

2021-03-25                     House Journal                      Page 0452
And so, HB 36 passed the House and was referred to the Chief Clerk                                                              
for engrossment.                                                                                                                
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Delaina Rachelle Pugh                                                                                                
By Representative Tilton                                                                                                        
                                                                                                                                
Honoring - Jane Angvik & Vic Fischer                                                                                            
By Representatives Josephson, Fields, Claman                                                                                    
                                                                                                                                
Honoring - 2021 Top Five Kuskokwim 300 Finishers                                                                                
By Senator Hoffman; Representative Zulkosky                                                                                     
                                                                                                                                
In Memoriam - Dale C. Haggard                                                                                                   
By Representative McCabe; Senator Wilson                                                                                        
                                                                                                                                
In Memoriam - Dr. John Sackett                                                                                                  
By Senators Hoffman, Olson, Bishop                                                                                              
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Vance – from 1:00 p.m., March 26 to 2:00 p.m.,                                                                   
March 30                                                                                                                        
                                                                                                                                
Representative Rauscher – from 1:00 p.m., April 2 to 10:00 p.m.,                                                                
April 4                                                                                                                         
                                                                                                                                
Representative Patkotak – from 6:00 am, April 1 to 6:00 p.m., April 4                                                           
                                                                                                                                
Representative Johnson – from noon, March 26 to 6:00 p.m.,                                                                      
March 28                                                                                                                        

2021-03-25                     House Journal                      Page 0453
HB 4                                                                                                                          
Representative LeBon added as a cosponsor to:                                                                                   
                                                                                                                                
     HOUSE BILL NO. 4                                                                                                           
     "An Act 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."                                                                            
                                                                                                                                
HB 5                                                                                                                          
Representative Hopkins added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 5                                                                                                           
     "An Act relating to sexual abuse of a minor; relating to sexual                                                            
     assault; relating to the code of military justice; relating to consent;                                                    
     relating to the testing of sexual assault examination kits; and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
HB 60                                                                                                                         
Representative McCarty added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 60                                                                                                          
     "An Act relating to mental health education."                                                                              
                                                                                                                                
HB 88                                                                                                                         
Representative Hopkins added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 88                                                                                                          
     "An Act relating to an annual report concerning the payment of                                                             
     equal pay for comparable work; increasing the minimum wage;                                                                
     and providing for an effective date."                                                                                      
                                                                                                                                
HB 89                                                                                                                         
Representative Hopkins added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 89                                                                                                          
     "An Act relating to disclosure of employee compensation; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                

2021-03-25                     House Journal                      Page 0454
HB 91                                                                                                                         
Representative Hopkins added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 91                                                                                                          
     "An Act exempting veterinarians from the requirements of the                                                               
     controlled substance prescription database."                                                                               
                                                                                                                                
HB 150                                                                                                                        
Representative Kurka added as a cosponsor to:                                                                                   
                                                                                                                                
     HOUSE BILL NO. 150                                                                                                         
     "An Act providing immunity from liability for exposure of a                                                                
     natural person to COVID-19; and providing for an effective date."                                                          
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HB 36                                                                                                                         
HB 36 was engrossed, signed by the Speaker and Chief Clerk, and                                                                 
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Finance Committee                                            CANCELED                                                           
                                                                                                                                
State Affairs Committee                                      CANCELED                                                           
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:30 a.m., March 26.  There being no objection,                                                            
the House adjourned at 4:12 p.m.                                                                                                
                                                                                                                                
                                             Crystaline Jones                                                                   
                                             Chief Clerk