Legislature(2021 - 2022)DAVIS 106
03/09/2021 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HSCR1 | |
| HB76 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 76 | TELECONFERENCED | |
| *+ | HSCR 1 | TELECONFERENCED | |
HB 76-EXTENDING COVID 19 DISASTER EMERGENCY
4:22:03 PM
CO-CHAIR ZULKOSKY announced that the final order of business
would be 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." [Before the committee was the
proposed committee substitute (CS) for HB 76, Version 32-
GH1011\B, Dunmire, 3/3/21, ("Version B"), adopted as a work
draft on 3/4/21.]
4:22:55 PM
CO-CHAIR ZULKOSKY specified that 18 amendments to Version B are
proposed for the committee's consideration today.
4:23:14 PM
The committee took an at-ease from 4:23 p.m. to 4:26 p.m.
4:26:11 PM
CO-CHAIR ZULKOSKY offered her appreciation for the committee
working its way through these big policy considerations.
4:26:21 PM
The committee took an at-ease from 4:26 p.m. to 4:27 p.m.
4:27:26 PM
REPRESENTATIVE MCCARTY stated he would not offer Amendment 1.
4:27:40 PM
CO-CHAIR ZULKOSKY asked whether Representative McCarty [would
not be offering] Amendments 2 through 16.
REPRESENTATIVE MCCARTY confirmed he [would not be offering]
Amendments 2 through 16.
4:27:50 PM
REPRESENTATIVE KURKA moved to adopt Amendment 17, [labeled 32-
GH1011\B.2, Dunmire, 3/5/21], which read:
Page 1, lines 8 - 9:
Delete "relating to personal objections to the
administration of COVID-19 vaccines;"
Insert "relating to the right to refuse
administration of COVID-19 vaccines;"
Page 10, lines 9 - 10:
Delete "PERSONAL OBJECTIONS TO THE ADMINISTRATION
OF COVID-19 VACCINES."
Insert "RIGHT TO REFUSE ADMINISTRATION OF COVID-
19 VACCINES. (a)"
Page 10, following line 15:
Insert new subsections to read:
"(b) Notwithstanding AS 14.07.020(a)(7) and
AS 14.30.125, a school may not require a child
attending the school to be immunized against COVID-19.
(c) A common carrier may not require a
passenger, as a condition of transport, to be
vaccinated against COVID-19. In this subsection,
"common carrier" has the meaning given in
AS 04.16.125(c).
(d) An employer may not require an employee, as
a condition of employment, to be vaccinated against
COVID-19. In this subsection, "employee" and
"employer" have the meanings given in AS 18.60.105(a).
(e) 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.
(f) 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."
4:27:50 PM
REPRESENTATIVE SPOHNHOLZ objected.
4:27:54 PM
REPRESENTATIVE KURKA explained Amendment 17 makes it clear that
Alaskans have the right to choose whether to receive the COVID-
19 vaccines. He stated that the vaccines have not gone through
the regular approval process at the Food and Drug Administration
(FDA) and have been rushed. In a time of extraordinary fear
around COVID, he opined, it is important to make it clear that
health care choice is a freedom and people can choose which
immunizations they do or don't want to take.
4:28:46 PM
REPRESENTATIVE SPOHNHOLZ offered her understanding that nobody
is being forced to take a vaccine and that vaccines are totally
optional right now with the exception that potentially some
employers might require them, particularly in the health care
arena which she would consider to be a personal responsibility.
She further offered her understanding that the approval of the
COVID-19 vaccines did go through the traditional FDA process and
what happened was that the research and development process was
accelerated because everybody in health care science dropped
everything else and collaborated. She maintained her objection
to Amendment 17.
4:30:16 PM
CO-CHAIR ZULKOSKY stated that Section 11 includes protections
that an individual may object to the administration of a COVID-
19 vaccine and that there is no requirement that anybody provide
justification for declination. There is no force of law that is
requiring the COVID-19 vaccine, she continued, so Amendment 17
seems redundant. She asked Representative Kurka whether she is
misinterpreting that.
REPRESENTATIVE KURKA replied that Amendment 17 leaves most of
the language in place but makes the language stronger and very
clear that Alaskans have the right to choose whether to receive
the vaccine. For example, he explained, on page 1, lines 8-9,
"personal objections" would be deleted and replaced with "the
right to refuse administration of COVID-19 vaccines because he
believes it is a right to choose whether to receive the vaccine
and is not just about personal objection.
4:32:15 PM
REPRESENTATIVE PRAX agreed with Amendment 17's sentiment that no
one should be required to accept a vaccine but maintained that
[citizens] have the constitutional right to not be forced to do
that in the first place. He concurred it is in Section 11, but
said he is uncomfortable about precedents that get set. He
stated he doesn't want people to get the idea that their right
to something comes from the government, the government should
just be recognizing rights, which is being done at this point.
He said it is for that reason that the committee should vote
against Amendment 17.
4:33:16 PM
The committee took an at-ease from 4:33 p.m. to 4:40 p.m.
4:40:48 PM
CO-CHAIR ZULKOSKY reminded members that Representative Spohnholz
had previously maintained her objection.
4:40:58 PM
REPRESENTATIVE KURKA spoke further to Amendment 17. He said
Section 11 of Version B "lists personal objections and lists who
may not be required, but it doesn't clarify who they might not
be required by,and it could be interpreted that it may not be
required by the state. He specified that the proposed new
subsections in Amendment 17 - (b), (c), (d), and (e) - clarify
employers may not require this as a condition of employment. He
added that he isn't concerned about this administration which
has made it clear that it is not going to require vaccination,
only encourage it strongly; his concern is that other actors
outside the administration will, and he wants to ensure that the
right to decline a vaccine is upheld.
4:42:08 PM
REPRESENTATIVE SPOHNHOLZ maintained her objection.
4:42:18 PM
A roll call vote was taken. Representatives Kurka and McCarty
voted in favor of adopting Amendment 17. Representatives
Spohnholz, Fields, Prax, Zulkosky, and Snyder voted against it.
Therefore, Amendment 17 failed by a vote of 2-5.
4:43:13 PM
REPRESENTATIVE KURKA moved to adopt Amendment 18, [labeled 32-
GH1011\B.1, Dunmire, 3/4/21], which read:
Page 1, line 7, following "shareholders;":
Insert "relating to the powers of the governor
during a disaster emergency; relating to the powers of
municipalities;"
Page 10, following line 21:
Insert new bill sections to read:
"* Sec. 13. 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. 14. AS 26.23.020 is amended by adding new
subsections to read:
(l) The governor may not issue an order,
proclamation, or regulation that
(1) requires an individual to stay at home
or shelter in place;
(2) prohibits or restricts the operations
of a business or a place of worship; or
(3) declares a person or a business as
essential or nonessential based on the trade or
occupation of the person or business.
(m) In this section, "business" has the meaning
given in AS 18.35.399.
* Sec. 15. 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 11, line 7:
Delete "this Act is"
Insert "secs. 1 - 12 and 16 - 18 of this Act are"
4:43:21 PM
REPRESENTATIVE FIELDS objected.
4:43:22 PM
REPRESENTATIVE KURKA explained that Amendment 18 addresses the
issue of government shutdowns and what he calls a clear
violation of the Constitution of the State of Alaska ("Alaska
Constitution") in terms of religious liberty. He read from
Article I, Section 1, of the Alaska Constitution which states
that the constitution "is dedicated to the principles that all
persons have a natural right to life, liberty, the pursuit of
happiness, and the enjoyment of the rewards of their own
industry". Over the last year, he opined, that was violated in
a way never seen by this country and he wants to make it clear
that it's not going to happen again with an executive order. He
said he has many concerns about [HB 76] and any extension of the
governor's executive orders.
4:44:26 PM
REPRESENTATIVE FIELDS spoke to his objection. He related that
the businesses in his district have been affected by capacity
limits and other emergency orders, which are local government
decisions, not state decisions. He stated that HB 76 does not
impose such limitations, nor impose new limits on municipal
power, and he is concerned about the bill being used to impose
new limits on municipal power and he isn't a fan of unfunded
mandates. This bill, he added, is focused on efficient vaccine
distribution, and maintaining testing at airports for incoming
travelers, which businesses in his district tell him is
important. He said he wants Anchorage to be able to continue
pulling back on capacity limits and letting businesses function
at full capacity which is much more likely to continue if there
is testing and efficient vaccine distribution to help keep
variants out of Alaska. While he understands the sentiments of
Amendment 18, he continued, it isn't what the underlying bill
deals with, and he doesn't want to go down the road of
relitigating state and municipal power as it relates to public
health emergencies. He said he will maintain his objection.
4:46:46 PM
A roll call vote was taken. Representatives Prax and Kurka
voted in favor of adopting Amendment 18. Representatives
Spohnholz, Fields, McCarty, Zulkosky, and Snyder voted against
it. Therefore, Amendment 18 failed by a vote of 2-5.
4:46:56 PM
The committee took a brief at-ease.
4:47:42 PM
CO-CHAIR ZULKOSKY opened public testimony on HB 76, Version B.
4:48:01 PM
FRANCINE REUTER stated she is not in favor of continuing the
emergency order.
4:48:25 PM
CHANDRA CAFFROY recalled that on 2/14/[21] the governor stated
in a press release that he reserved the right to declare another
emergency if the data showed a need. She said the data shows a
decline in COVID-19 cases and deaths despite expiration of the
emergency order and that according to the governor there is no
need for another extension or declaration of emergency. She
said she represents 125 people meeting across Alaska and about
2,000 people in a Facebook group called Alaskans for
Constitutional Rights that oppose the governor's
unconstitutional mandates. She stated that in testimony before
a Senate committee in early February [2021], Commissioner Crum
admitted that none of the items in HB 76 require another
emergency order. She asserted that every item can be addressed
in separate legislation that does not give the governor
unnecessary powers to again trample constitutional rights and
circumvent the voice of the people through their elected
legislators. She stated that the same or higher value of
importance should be given to the will of the people as opposed
to the will of businesses and organizations that profit from the
continuation of emergency orders and spreading fear. She said
the testimony of doctors should not be given unfair weight
against the people and the people's inherent rights because
Alaskans can assess risk and make their own decisions. She
urged for other avenues to be pursued and asked that members
vote no on HB 76.
4:51:02 PM
HERMAN MORGAN urged committee members to vote no on the
governor's [proposed] extension. He stated that on 1/20/[21]
the World Health Organization reported that there were many
false positives, so a lot of people said to have COVID-19 didn't
have it. He asserted that a lot of deaths claimed to be from
COVID-19 were not. He related that he testified before the
Senate Health and Social Services Standing Committee a week and
a half ago where he urged a no vote on the emergency extensions.
He maintained that the infection numbers are inflated and that
medicines like Ivermectin cure COVID. He further maintained
that there is no concern for a hospital bed shortage, which is
the argument for emergency orders and lockdowns. He alleged
that this is all about receiving federal disaster money and said
it shouldn't be that way. He charged that extending the
emergency order is an acceptance of $530 million from the
federal government and that most of it goes to the teachers
union lobbyists while Alaska has the lowest scores in the
nation.
4:53:17 PM
KELSA BRANDENBURG testified in support of HB 76. She said she
loves that Alaska is leading the way for vaccination
distribution. She related that since January [2021] Dillingham
has had two mass vaccination events, vaccinating over 700
people, as well as ongoing vaccination appointments and home
visits. Dillingham schools were closed for about two weeks due
to potential exposure in February. Progress is being made but
nothing has really changed, she opined, in that there is still a
worldwide pandemic with people dying and getting sick every day
everywhere. This past summer Dillingham managed the spread of
COVID-19 with some strict ordinances, she stated. The fish
processing plant kept to itself, fishermen went directly to
their vessels, tourists went directly to their destinations, a
10-day quarantine is required upon arrival, and travel
notification forms and masks are required in businesses and
public places. To date Dillingham has had 76 positive cases
with zero deaths. She offered her belief that without the
governor's original declaration, the health mandates, and the
advisories, Dillingham and Alaska's positive COVID-19 cases
and mortality rates would be much higher. She said the
governor's declaration helped Dillingham and other communities
with guidance and assistance to protect themselves from the
pandemic; without it, communities would have been scrambling to
figure it out on their own. The pandemic cannot be controlled
but it can be managed, she continued, and with tourists and
fishing season right around the corner, now isn't the time to
relax. She urged diligence in continuing to slow the spread of
COVID-19 by extending the declaration through passage of HB 76.
4:55:31 PM
LOUIS IMBRIANI testified that whether HB 76 is passed or not, it
is still a Band-Aid that doesn't fix the problem. He said the
people who provided invited testimony identified some serious
issues with the state just on a regular basis. He asserted that
even if the emergency order goes away the people who need the
most help will still not have been helped people struggling
with drug and alcohol abuse, people who are hungry or homeless.
The red tape that government has put up in different sectors has
caused severe inequity to people around Alaska, he continued.
He stated he doesn't know what the final solution to the problem
is, but that allowing one person to make sweeping declarations
[doesn't help] places that might need more support, such as
Petersburg, or places like Anchorage that are being held down by
unconstitutional orders. He maintained that certain supports
are needed and have not been received.
4:57:06 PM
PAMELA FAMISH testified she was sad that Representative Kurka's
amendments failed because she feels he is proactive in
protecting Alaskans. She urged committee members to not support
HB 76 because everyone is "COVIDed out." She related that
business owners in Fairbanks have suffered so much, even without
lockdowns, and that there has been a mental health toll on the
people in her community. She said the federal money [that is
received] comes with rules that continue the lockdowns, masking,
and what she calls oppression. This perpetuates the problems,
she maintained, because the longer the lockdowns the less money
is made and then more money is needed from the federal
government, which continues the cycle. She urged a no vote on
HB 76 to set Alaskans free.
4:59:07 PM
MIKE COONS, President, Mat-Su Chapter, Association of Mature
American Citizens (AMAC) Action, testified that the Mat-Su
Chapter supported the emergency order originally, but the
emergency order has expired, and the governor has still gotten
the job done. He said seniors have still received vaccines and
the therapeutics of care needed are still being delivered. He
stated that the Senate is working on getting the non-COVID
issues within [Executive Order 119] done via legislation, which
his organization supports. He said the governor is showing
those cities that still have their economies closed by mandating
masks and lockdowns in the guise of an emergency are not needed.
Government must get out of the way, he asserted, this governor
did a good job during this pandemic and Alaska is far ahead of
other states and is in a recovery phase. He asked that members
not step in front of that recovery and said his organization
opposes HB 76 because it is no longer needed.
5:00:21 PM
KATHRYN MAWERY urged a no vote on HB 76 which would extend the
emergency order. (Indisc. -- poor phone reception.) She said
it is restraining and a power play and that it is time to let
people get back to work and provide for their families. She
questioned why HB 76 is being discussed and said the state
should be opened.
CO-CHAIR ZULKOSKY encouraged Ms. Mawery to submit written
testimony due to technical difficulties with phone reception.
5:02:51 PM
BEATRICE HUCK urged that HB 76 not be approved. She said she
works for a local emergency department and that she has noticed
a decline in patient [numbers] since before the start of COVID-
19 and last year's emergency declaration. She opined that if
Alaska were in a real emergency state there would be a
significant number of patients and her place of work would be
overrun, which has not been the case. Since the emergency order
ended a month ago the number of patients hasnt gone up. She
further related that her teenage son has been at home for the
past year unable to socialize in person with other kids and all
his learning has been done online. She said her son's health
has been negatively affected and he has depression issues and
continuing the lockdowns and mandates will not be helpful. She
shared that she has friends who have lost their livelihoods
because of the lockdowns. Summer is coming and tourism is
needed to help the state with revenue, she added, and having a
lockdown until the end of summer would cause more harm than
good. She urged there not be an extension of the emergency
order and that there be some other resolution.
5:05:25 PM
ELIZABETH HOLMES asked that the committee vote no on extending
the COVID-19 mandate. She pointed to South Dakota and Texas
which have no mandates and said those states are doing well.
She said Alaska needs tourism to be opened and urged the
committee to vote no.
5:06:05 PM
JONATHAN GALIN testified that HB 76 and extending the COVID-19
disaster declaration is important legislation that needs to be
passed now. He maintained that not passing the bill would be
foolhardy and irresponsible and would ignore public
endangerment. The bill should not and is not about partisan
politics, he opined, it is about Alaska's safety. Without an
updated public health disaster emergency declaration, he stated,
Alaska's healthcare system will not be able to access critical
operational flexibilities that have aided in testing, treating,
and vaccinating for COVID. He further stated that the lack of
emergency declaration further limits cancer patients to tele-
health services and lifesaving treatment and that some adverse
effects of the declaration's expiration include closure of
drive-through COVID-19 testing sites and travelers are no longer
required to present a negative COVID-19 test or undergo
mandatory testing upon arrival at Alaska's airports. He said
the recent mandatory airport testing was made possible by
funding through the declaration that has expired. This is a
life and death issue, he continued, and the reason Alaska has
had tremendous success is because of the past declaration,
specifically for mandatory testing. He maintained that if the
virus spikes again Alaska's fiscal issues cannot be rectified,
nor businesses reopened in a meaningful way.
5:08:32 PM
LEONARD SABICH testified he opposes HB 76. He said he has
watched the past declaration kill things around Alaska. He
stated that tourism for this summer is in limbo in Homer, people
are depressed including in his own family, and businesses are
being killed including his business. He urged that the state be
opened and returned to work. He maintained that nothing
warrants this oppression against constitutional rights and
advocated for the committee vote no on the bill.
5:09:58 PM
EDWARD MARTIN testified that he just returned from Hawaii after
more than a year and that this is because he wouldn't sign a
travel document that would further take away his liberties under
criminal and civil penalties. He charged that something is
seriously wrong to think about extending these powers to a
governor who has already abused his authority three times;
rather, the legislature should impeach the governor and the
commissioner for bringing this scourge on the liberties of
Alaskans. He said he doesn't need an education from anyone on
how to stay six feet away from someone else or whether to wear a
mask, and that vaccines are the same and legislators cannot
force people to do anything. The rights of Alaskans are being
deprived under the color of law, he opined, and it is foolish to
give the governor this power.
5:12:00 PM
ADAM HYKES testified in opposition to HB 76. He opined that the
reasons and findings on pages 2-3 of the bill are the reasons
that he would use to no longer have the emergency declaration
and to oppose HB 76. He asserted that the provisions on page 8,
line 17, meetings of shareholders, and page 9, line 9,
Department of Revenue, are no longer necessary when people can
maintain social distance, properly mask, be vaccinated, or
receive preventative treatment as ways to beat COVID. This bill
is obsolete, he said. Corporations have had a year to get their
act together and make this happen themselves; it doesn't need to
be legislated. He maintained that there is no piece of the bill
that cannot be legislated on its own without a disaster
declaration, and therefore it is unnecessary. He further stated
that citizens cannot be forced to take an experimental
vaccination.
5:14:09 PM
MARSHALL SEVERSON related that he has read about the 1918 [flu]
disaster in history books, which impacted Alaska and the Native
community. He noted that andemic means worldwide and for
this reason he believes reopening Alaska without an emergency
declaration will probably lead the state into another wave of
COVID-19 infections with a bad effect on communities. He stated
Alaska's Native villages have it right with the mandates they
have in effect, and they need the cover of a state emergency
declaration. He said he doesn't take his information or
recommendations from Texas or South Dakota; Alaska led the way
with an emergency declaration. The declaration needs to be
extended, so he supports HB 76, he continued. He added that it
will be better for Alaska to have the testing and the mandatory
quarantines of people coming into the state who are identified
as having COVID.
5:15:56 PM
JENNIFER MEYER testified that she supports HB 76. She stated
that the pandemic itself is causing harm, not the public health
restrictions that have kept people alive and the spread of
COVID-19 low. If the virus can be controlled, she said, then
more normal social and economic conditions can be brought back.
She encouraged the committee to support HB 76 because in public
health response the ability to move quickly is critical to
contain a virus, and the emergency declaration allows that to be
done. Without a declaration in place, she continued, it takes a
tremendous amount of time and energy to go through the
regulatory process and the delicate window is often missed. She
said that while the numbers in Alaska overall may be going down,
the reproductive rate is increasing in several regions of the
state. Until 80 percent or more of the population is
vaccinated, the state isn't out of the woods, she added.
5:17:54 PM
JESSIE CHILSTROM testified in opposition to HB 76. She asked
that the emergency declaration not be extended and stated that
it is too much government, too much strain on the budget, too
much strain on the taxpayers, too much strain on the businesses,
and too much stress for the students. She said COVID-19 numbers
have gone down, and medical technology has improved, so HB 76 is
not needed. She added that she supports the amendments proposed
by Representative Kurka because medical freedom is paramount.
5:18:40 PM
ANNIE MASSEY first noted she is the parent of three children,
two in the Anchorage School District. She stated she opposes HB
76 and asserted there is no emergency disaster. The true
disaster for Anchorage, she continued, has been the denial of
in-person education for a year, the loss of Anchorage's economy,
businesses closing and residents losing jobs, and the mental
health crisis for [Alaska's] youngest. She asked that
[Alaska's] government empower citizens to pursue life, liberty,
and happiness, and to protect the freedoms of Alaskans to grow,
build, work, and play. She maintained that extending the
disaster order ignores that individual responsibility is
essential in [Alaska's] democratic republic. Lockdowns and
masking are unconstitutional and put Alaskans at risk to
domestic and foreign enemies in every way possible, she opined,
and Alaskans are more at risk to a tyrannical power in
government than a virus. They act as a trojan horse for
deliberate corruption, she charged, and Alaska's leaders need to
acknowledge that and protect Alaskans' freedom.
5:20:25 PM
CO-CHAIR ZULKOSKY closed public testimony after ascertaining no
one else wished to testify.
CO-CHAIR ZULKOSKY invited committee discussion of the proposed
CS for HB 76, Version B.
5:20:44 PM
REPRESENTATIVE FIELDS stated that summer is approaching and
keeping the decline in cases is needed to save Alaska's economy
and to reopen schools. He said his district has been hit harder
than others because of its reliance on tourism and another
COVID-19 surge will put even more businesses out of business.
Businesses that have been open for generations are struggling to
survive, he continued, businesses must be saved, and the virus
must be defeated. He stated that dangerous virus variants are
out there and cannot be stopped without testing at the airports.
He further stated that the virus cannot be defeated without
efficient distribution of vaccines. He urged that the good work
to date be kept up and the needed levels be reached for
defeating the virus. He said HB 76 is about defeating COVID-19
and helping businesses survive, it has nothing to do with
lockdowns, and to open the state the virus must be defeated.
REPRESENTATIVE FIELDS related that the message he has heard over
the past month and a half from restaurant owners, oil field
service companies, and local tourism companies in his district
is to extend the disaster declaration. He said these businesses
have told him that when working on the North Slope the variants
need to be stopped at the airport, that cases need to be kept
low for tourism companies so people can travel to Alaska and
spend money, and that cases need to go lower so people can
return to restaurants and dine inside again. He offered his
appreciation to the businesses in his district for reaching out
and said he will strongly support extending the declaration. He
further related that local religious organizations that
distribute food to hard hit families have told him they are
seeing a doubling or tripling of families that are going hungry.
He pointed out that with this bill millions of dollars from the
federal Supplemental Nutrition Assistance Program (SNAP) are
available to Alaska, which reduces the tax burden on Alaskans.
He added that hungry kids cannot do well in school and
reiterated his support for HB 76.
5:22:56 PM
REPRESENTATIVE MCCARTY stated that COVID-19 is real. He shared
that when he flew back to Alaska from Cambodia on Thanksgiving
Day 2019 the airport in Shanghai was nearly empty while the Los
Angeles and Anchorage airports were very busy. What was
happening, he said, was that COVID-19 was already hitting China
at that time and until March [2020], when it was revealed to be
in the U.S., people here had already gotten COVID-19 but didn't
know what it was other than they were very sick. The effects of
this disease have been like that of the Spanish Flu in 1918, he
continued, and over time the world has found different ways to
deal with this virus and is improving in doing so.
REPRESENTATIVE MCCARTY said the question is whether Alaska is
still in the situation of a crisis are the numbers going down?
He related that he is a skeptic and therefore looks at the data
to see what is going on, and currently the data shows numbers
dropping way below being in a disaster. He asked what the
problem is if the virus is being contained, there are vaccines,
and there are methods of dealing with the virus. He said the
impact of this on state, the state's economy, and the ability
for people to function needs to be looked at and that it is time
to release Alaska back to operating. Alaskans are more aware of
hygiene than ever before, he added, so sanitizers will continue
being used. This is the time for Alaska to move forward, he
opined, and not be stuck in fear of false evidence appearing
real. The data shows numbers going down. The question to ask
when numbers are rising, he continued, is whether the numbers
are in the severe situation that was seen in March [2020] where
people's lives were threatened or whether people have COVID-19
with an influenza type condition, which is what is currently
being heard from physicians. People are coming into the
hospital but are sent home the same day, whereas in March 2020
they were being kept in the hospital. He stated he will vote no
on HB 76 in order to move forward for Alaska.
5:28:50 PM
CO-CHAIR SNYDER appreciated that everyone is tired of COVID.
She acknowledged that everyone is exhausted, as heard in today's
testimony, but said she doesn't want to pump the brakes right
before being crossing the finish line. She specified that the
[proposed] CS extends the declaration not the disaster. She
noted that Alaska has not been in lockdown in months, businesses
have been open, people have been free to go where they like, and
kids have gone back to school - all when a declaration was in
place. Extending the declaration doesn't change any of this,
she said, rather it gives Alaska the ability to ensure continued
testing and vaccinating so the pandemic can finally be ended,
and the finish line crossed as Alaska is almost there. It
ensures healthcare providers can continue providing needed
services without unnecessary risk or prohibitive cost, she
added. Providers have stated that they are operating in a grey
zone and are not protected with the absence of a declaration.
Also, it ensures healthcare providers don't have to hack through
bureaucratic hurdles to set up care sites.
CO-CHAIR SNYDER stressed that the declaration ensures Alaska can
respond quickly if the decreasing numbers suddenly take an
uptick, which was seen in the past few months. Variants are out
there, and it would be best if Alaska can be ready, she said.
It ensures Alaskans have access to tele-health, access to food
through expanded SNAP eligibility, and removes any doubt about
Alaska's eligibility for federal relief funds, she continued.
It ensures that Alaska can safely promote that it is open for
business and can welcome healthy tourists who can help jumpstart
Alaska's economy this summer.
5:31:58 PM
REPRESENTATIVE SPOHNHOLZ stated that Version B is much smaller
than the original bill introduced by the governor in January and
much smaller than the bill that was passed in March [2020]. She
said the proposed CS is a measured compromise that doesn't
contain many of the elements that were included in [Senate Bill]
241 and doesn't include many of the things asked for by the
governor, including many of the open-ended receipt authorities
that gave the governor a completely undefined authority to spend
money. Also, she specified, it doesn't force mask mandates,
vaccinations, or business closures.
REPRESENTATIVE SPOHNHOLZ stated that Version B gives the
administration some flexibility to license healthcare workers,
provide some regulatory stability for healthcare providers and
hospitals, and to deploy resources as needed for testing and
vaccination clinics; for example, in Anchorage an outdoor
vaccination clinic has been contracted. Providence Hospital is
considering pulling back on the Alaska Airlines COVID-19
vaccination and testing facility, she continued. This looks
like a bit of risk, she opined, as it seems the hospital should
be allowed to do that if it is needed. She said the proposed CS
allows Alaska to receive federal resources that other states are
going to get if Alaska doesn't receive them, and she wants
hungry Alaskans to be able to receive those SNAP benefits.
REPRESENTATIVE SPOHNHOLZ said Version B allows for required
testing at Alaska airports which, she argued, keeps Alaska open
for business. Tourism is a huge industry in Alaska, she
continued, with Southeast Alaska the most economically impacted
region by COVID-19 because it is so reliant on the fishing
industry and tourism. Not being able to test people as they
come into the state means Alaska is not going to be able to be
as aggressive with its tourism plan. She pointed out that 20
percent of Alaska's workers don't live in Alaska and said
ensuring these workers get tested will identify variants and
positive cases as they come into the state. For example, she
related, Director Hedberg [Division of Public Health] has said
3,000 cases were found that way. It is important that small
towns be able to protect themselves while still ensuring that
Alaska can be open for business, she opined. There is a lot of
flexibility and freedom and the reins have been taken back on
unencumbered power, she said, so the proposed CS is a measured
and important compromise.
5:35:15 PM
REPRESENTATIVE KURKA concurred with Representative McCarty's
comments that COVID-19 is real and that when this came out in
March [2020] there was much fear and lack of information.
However, he said, the mortality rate is now low, there is
information, and there are more treatment options. [Previously]
the concern was to flatten the curve so that the healthcare
system wouldn't be overwhelmed and people needing treatment to
survive could get that treatment. But, he stated, Alaska
doesn't have that problem and passing this bill would be a
mistake. The incalculable damage that the declaration has
caused might not be known for a long time, he opined. He agreed
that Version B is scaled back from what was passed originally
and what was asked for originally but said he understands the
governor has withdrawn his support from this bill and is doing a
scaled back request for authorizations outside of a disaster
declaration. He stated he therefore doesn't see a need for the
bill and because he doesn't believe Alaska is in a true state of
emergency, he will vote no.
5:36:52 PM
REPRESENTATIVE PRAX agreed that Version B is structured more to
enable state agencies to respond and there is no intent from the
governor's office to impose restrictions. He said it was too
bad about having to start the [previous] mandates but that he
had concurred with them despite knowing there would be this
reaction. Care needs to be taken so another outbreak doesn't
get going, he continued. Whether or not it's an emergency, it
will affect the desire of people to live here, and said he hopes
his neighbors take it upon themselves to follow the guidelines
and cover their noses when sneezing and wear masks when around
others. He offered his understanding that when people are
forced to do something it causes an overreaction both ways.
This has become an emotional issue, and the facts don't seem to
matter for either way, he opined. While he is of two opinions
on this, he said the bill should at least be passed out of
committee, and he will do some research on the statistics and
think further. He stated he would like to be able to complete
the response without the emergency but is unsure whether that
can be done.
5:39:18 PM
CO-CHAIR ZULKOSKY noted that promising numbers are being seen,
treatments are being better utilized in the hospitals for people
with severe COVID-19 infections, and there are now vaccinations.
But, she continued, an analogy previously provided to the
committee was that "we should not be ending a seven-day
penicillin prescription three days into that prescription
because we are starting to feel better." She said she continues
to believe in the importance of remaining nimble. Healthcare is
a highly regulated industry and Alaska is geographically
positioned in a way that gives the state advantage to keeping
variants at a minimum if they can be identified quickly. She
said she believes that providing the tools needed for
communities, hospital systems, and the state to continue to
respond to a global pandemic is necessary. She related she
agrees with the exhaustion that families are feeling but also
identifies with the sorrow of families that had to say good-by
to a loved one. She pointed out that it is a viral infection,
so unlike a bacterial infection there is no treatment. She
stated that for those reasons she will support the proposed CS
in the context of ensuring the tools that communities and
organizations need to continue responding to the pandemic.
5:41:40 PM
CO-CHAIR SNYDER moved to report CSHB 76, Version 32-GH1011\B,
Dunmire, 3/3/21, out of committee with individual
recommendations and the accompanying fiscal notes.
5:41:55 PM
REPRESENTATIVE KURKA objected.
5:42:05 PM
A roll call vote was taken. Representatives Prax, Spohnholz,
Fields, Zulkosky, and Snyder voted in favor of the motion to
report CSHB 76, Version 32-GH1011\B, Dunmire, 3/3/21, out of
committee with individual recommendations and the accompanying
fiscal notes. Representatives Kurka and McCarty voted against
it. Therefore, CSHB 76(HSS) was reported from the House Health
and Social Services Standing Committee by a vote of 5-2.
5:43:24 PM
REPRESENTATIVE PRAX related that according to the Fairbanks
North Star Borough website the borough had been bouncing along
in the low-intermediate risk area for nearly a month, but over
the last week cases have gone up and risk level is now
intermediate. He said this drives home the point that people
shouldn't be complying because government told them to but
rather thinking about their neighbors and doing what can be done
to control this disease.