Legislature(2021 - 2022)
2021-09-10 Senate Journal
Full Journal pdf2021-09-10 Senate Journal Page 1431 SB 3006 Senator Wilson offered Amendment No. 2 : Page 1, line 3, following "checks;": Insert: "relating to certificates of need;" Page 3, following line 8: Insert a new bill section to read: "* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: WAIVER OF CERTIFICATE OF NEED REQUIREMENTS. Notwithstanding any other provision of law, a person is not required to obtain a certificate of need under AS 18.07 for an expenditure that is made between the effective date of this Act and June 30, 2022." Renumber the following bill sections accordingly. Senator Wilson moved for the adoption of Amendment No. 2. Senator Begich objected, then withdrew his objection. There being no further objection, Amendment No. 2 was adopted. Senator Myers offered Amendment No. 3 : Page 1, line 1, following "Act": Insert "relating to immunization rights;" 2021-09-10 Senate Journal Page 1432 Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 18.09 is amended by adding new sections to read: Article 2A. Immunization Rights. Sec. 18.09.270. Employment discrimination based on vaccination status. (a)It is unlawful discrimination for an employer to require an individual to receive a vaccination as a condition of employment unless the business conducted by the employer or the duties of the position are medical in nature. An employer that requires an individual to receive a vaccination under this section shall allow an individual to refuse the vaccine for a medical reason, including pregnancy. (b) Notwithstanding AS 09.50.250 and AS 09.65.070, an employer that requires an individual to receive a vaccination as a condition of employment under (a) of this section is civilly liable to the individual for damages sustained by the individual that result from the required vaccination. Sec. 18.09.280. Access to public spaces and services. A state agency or political subdivision of the state may not require an individual to receive a vaccination against the novel coronavirus disease (COVID-19) or a variant of COVID-19 as a condition of accessing a publicly available service, event, or facility. Notwithstanding AS 09.50.250 and AS 09.65.070, an individual may maintain an action against a state agency or political subdivision of the state that violates this section." Renumber the following bill sections accordingly. Page 2, following line 2: Insert a new bill section to read: "* Sec. 4. 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 18.09.270 or 18.09.280." Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 5 and 6" 2021-09-10 Senate Journal Page 1433 Senator Myers moved for the adoption of Amendment No. 3. Senator Begich objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 3? YEAS: 8 NAYS: 9 EXCUSED: 3 ABSENT: 0 Yeas: Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Stedman, Stevens, Wielechowski Excused: Olson, Shower, von Imhof and so, Amendment No. 3 failed. Senator Reinbold offered Amendment No. 4 : Page 1, line 1, following "Act": Insert "relating to personal objections to the administration of COVID-19 vaccines;" Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 18.09 is amended by adding a new section to read: Article 2A. Immunization Rights. Sec. 18.09.270. Personal objections to the administration of COVID-19 vaccines. An individual may object to the administration of a COVID-19 vaccine based on religious, medical, or other grounds. A parent or guardian of a minor child may object to the administration of a COVID-19 vaccine to the minor child based on religious, medical, or other grounds. A person may not require an individual to provide justification or documentation to support the individual's decision to decline a COVID-19 vaccine or to decline a COVID-19 vaccine for a minor child." 2021-09-10 Senate Journal Page 1434 Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 4 and 5" Senator Reinbold moved for the adoption of Amendment No. 4. Senator Begich objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 4? YEAS: 9 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak, Wielechowski, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Stedman, Stevens Excused: Olson, Shower, von Imhof and so, Amendment No. 4 was adopted. Senator Reinbold offered Amendment No. 5 : Page 1, line 1, following "Act": Insert "relating to COVID-19 immunization rights;" Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 18.09 is amended by adding new sections to read: Article 2A. COVID-19 Immunization Rights. Sec. 18.09.270. Access to areas and services. A business, state agency, or political subdivision of the state may not require an individual to be vaccinated against COVID-19 for the individual to access an area or service that is open to the public. In this subsection, "business" has the meaning given in AS 18.35.399. 2021-09-10 Senate Journal Page 1435 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 3, line 9: Delete "Sections 3 and 4" Insert "Sections 4 and 5" Senator Reinbold moved for the adoption of Amendment No. 5. Senator Begich objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 5? YEAS: 9 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak, Wielechowski, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Stedman, Stevens Excused: Olson, Shower, von Imhof and so, Amendment No. 5 was adopted. Senator Reinbold offered Amendment No. 6 : Page 2, lines 5 - 21: Delete all material and insert: "TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of law, a person licensed under AS 08.64.170 or AS 08.68.160 may provide treatment, render a diagnosis, or prescribe, 2021-09-10 Senate Journal Page 1436 dispense, or administer a prescription, excluding a controlled substance listed in AS 11.71.140 - 11.71.190, through telehealth as defined in AS 47.05.270(e), without first conducting an in-person physical examination, if (1) the licensee is in good standing to provide health care services in this state; (2) the health care services provided are within the licensee's authorized scope of practice; (3) in the event that the licensee determines that the encounter will extend beyond the scope of practice or scope of services described in this section, the licensee advises the patient that the licensee is not authorized to provide the services to the patient, recommends that the patient contact another health care provider licensed in this state, and terminates the encounter." Senator Reinbold moved for the adoption of Amendment No. 6. Senator Kiehl objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 6? YEAS: 3 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Kawasaki, Reinbold, Stedman Nays: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Holland, Hughes, Kiehl, Micciche, Myers, Revak, Stevens, Wielechowski, Wilson Excused: Olson, Shower, von Imhof and so, Amendment No. 6 failed. Senator Reinbold offered Amendment No. 7 : Page 1, line 1, following "Act": Insert "relating to COVID-19 immunization rights and personal objections to the administration of COVID-19 vaccines;" 2021-09-10 Senate Journal Page 1437 Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 18.09 is amended by adding new sections to read: Article 2A. COVID-19 Immunization Rights; Discrimination. Sec. 18.09.300. Discrimination based on vaccination status. (a) Except as provided in (b) and (c) of this section, it is unlawful discrimination for (1) a person or a governmental entity to refuse, withhold from, or deny to an individual any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the individual's vaccination status or whether the individual has an immunity passport; (2) an employer to refuse employment to an individual, to bar an individual from employment, or to discriminate against an individual in compensation or in a term, condition, or privilege of employment based on the individual's vaccination status or whether the individual has an immunity passport; or (3) a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against an individual based on the individual's vaccination status or whether the individual has an immunity passport. (b) This section does not apply to a vaccination requirement imposed by a (1) school or day care facility; or (2) health care facility if the health care facility (A) asks an employee to volunteer the employee's vaccination or immunization status for the purpose of determining whether the health care facility should implement reasonable accommodations to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases; a health care facility may consider an employee to be nonvaccinated or nonimmune if the employee declines to provide the employee's vaccination or immunization status to the health care facility for the purpose of determining whether reasonable accommodations should be implemented; and (B) implements reasonable accommodations for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the safety and health of 2021-09-10 Senate Journal Page 1438 employees, patients, visitors, and other persons from communicable diseases. (c) A recommendation by a person, governmental entity, or employer that an employee receive a vaccine is not unlawful discrimination under this section. (d) A person, governmental entity, or employer may not require an individual to receive a vaccine the use of which is allowed only under an emergency use authorization or a vaccine undergoing safety trials. Sec. 18.09.310. Objection to the administration of COVID-19 vaccine. An individual may object to the administration of a COVID-19 vaccine to that person based on religious, medical, or other grounds. A parent or guardian of a minor child may object to the administration of a COVID-19 vaccine to the minor child based on religious, medical, or other grounds. A person may not require an individual to provide justification or documentation to support the individual's decision to decline a COVID-19 vaccine or to decline a COVID-19 vaccine for a minor child." Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 4 and 5" Senator Reinbold moved for the adoption of Amendment No. 7. Senator Wilson objected. Senator Wilson moved and asked unanimous consent to table Amendment No. 7. Senator Reinbold objected. The question being: "Shall Amendment No. 7 be tabled?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Table Amendment No. 7? YEAS: 11 NAYS: 6 EXCUSED: 3 ABSENT: 0 2021-09-10 Senate Journal Page 1439 Yeas: Begich, Bishop, Costello, Gray-Jackson, Hoffman, Kawasaki, Micciche, Myers, Revak, Wielechowski, Wilson Nays: Holland, Hughes, Kiehl, Reinbold, Stedman, Stevens Excused: Olson, Shower, von Imhof and so, Amendment No. 7 was tabled. Amendment No. 8 was not offered. Senator Hughes offered Amendment No. 9 : Page 1, line 1, following "Act": Insert "relating to civil liability of employers;" Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 09.65 is amended by adding a new section to read: Sec. 09.65.355. Employer liability for COVID-19 vaccine damages. Notwithstanding AS 09.50.250 and AS 09.65.070, an employer that requires an individual to receive a COVID-19 vaccination or booster shot as a condition of employment is civilly liable to the individual for damages sustained by the individual that result from the required COVID-19 vaccination or booster shot if the individual received the COVID-19 vaccination or booster shot after the employer instituted the vaccination requirement as a condition of employment." Renumber the following bill section accordingly. Page 2, following line 2: Insert a new bill section to read: "* Sec. 4. 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. 2021-09-10 Senate Journal Page 1440 Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 5 and 6" Senator Hughes moved for the adoption of Amendment No. 9. Senator Kiehl objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 9? YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Costello, Holland, Hughes, Myers, Reinbold, Stedman, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Micciche, Revak, Stevens, Wielechowski Excused: Olson, Shower, von Imhof and so, Amendment No. 9 failed. Senator Hughes offered Amendment No. 10 : Page 1, line 1, following "Act": Insert "relating to immunization rights;" Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. AS 18.09 is amended by adding a new section to read: Article 2A. COVID-19 Immunization Rights. Sec. 18.09.270. Employment termination based on COVID-19 vaccination status. If an employer requires an individual to receive a COVID-19 vaccination or booster shot as a condition of employment and the employer terminates an employee because the employee refused for any reason to receive a COVID-19 vaccination or booster shot, the employer shall pay to the employee an amount equal to two months of that employee's wages." 2021-09-10 Senate Journal Page 1441 Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 4 and 5" Senator Hughes moved for the adoption of Amendment No. 10. Senator Stevens objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 3006(L&C) am Second Reading Amendment No. 10? YEAS: 8 NAYS: 9 EXCUSED: 3 ABSENT: 0 Yeas: Bishop, Hughes, Micciche, Myers, Reinbold, Revak, Stedman, Wielechowski Nays: Begich, Costello, Gray-Jackson, Hoffman, Holland, Kawasaki, Kiehl, Stevens, Wilson Excused: Olson, Shower, von Imhof and so, Amendment No. 10 failed. CS FOR SENATE BILL NO. 3006(L&C) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 3006(L&C) am "An Act relating to COVID-19 immunization and proof of vaccination; relating to personal objections to the administration of COVID-19 vaccines; relating to COVID-19 immunization rights; relating to utilization review requirements; making temporary changes to state law in response to the novel coronavirus disease; relating to telemedicine and telehealth; relating to background checks; relating to certificates of need; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 3006(L&C) am Third Reading - Final Passage 2021-09-10 Senate Journal Page 1442 YEAS: 9 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Costello, Holland, Hughes, Micciche, Myers, Reinbold, Revak, Wielechowski, Wilson Nays: Begich, Bishop, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Stedman, Stevens Excused: Olson, Shower, von Imhof and so, CS FOR SENATE BILL NO. 3006(L&C) am failed. Senator Hoffman gave notice of reconsideration.