Legislature(2021 - 2022)SENATE FINANCE 532
04/16/2021 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB76 | |
| SB10 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 10 | TELECONFERENCED | |
| += | HB 76 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 76(FIN) am
"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."
9:06:37 AM
Senator Hoffman MOVED to ADOPT the committee substitute for
CSHB 76(FIN)am, Work Draft 32-GH1011\R (Dunmire, 4/15/210).
Co-Chair Bishop OBJECTED for discussion.
9:07:10 AM
ERIN SHINE, STAFF, SENATOR CLICK BISHOP, discussed the
Explanation of Changes (copy on file):
Section 1: Findings
Changes date on page 3, line 24 from September 30 to
December 31
Section 2: Public Health Disaster Emergency; Approval,
Ratification, and Extension of Disaster Emergency
Changes date on page 3, line 31 from September 30 to
December 31
New Section Added
Section 3: Emergency Powers of The Governor
Restricts the governor from acting in response to
COVID-10 public health disaster emergency by removing
access to 26.23.020(g)(4-6),(8), and (11)
New Section Added
Section 4: Emergency Powers of The Commissioner of
Health and Social Services
Provides declaration powers to the commissioner or
Health and Social Services for a public health
emergency to respond to the ongoing COVID-19 pandemic
to support emergency allotments for Supplemental
Nutritional Assistance Program, CMS blanket waivers,
1135 Social Security Act waivers; 1915(c) Appendix K
waivers; and funding under the Stafford Act related to
non-congregate sheltering.
Provides authority for the commissioner of Health and
Social Services during a declared public health
emergency to:
? coordinate, allocate, distribute, and manage
vaccine doses and therapeutics; and
? request the utilization of emergency
procurement if it is related to the public health
emergency.
The public health emergency will expire the
earlier of when the commissioner determines the
public health emergency is no longer necessary or
when the federal public health emergency issued
under sec. 319 of the Public Health Services Act
expires.
Section 5: Public Health Disaster Emergency; Financing
Plan
Removes previous subsection (a)(8)
Section 6: Reports
Changes date on page 7, line 4 from March 1 to May 1
Changes date on page 7, lines 11-12 from November 30,
2021 to January 31, 2022
Section 7: Professional and Occupational Licensing
Changes date on page 7, line 27 from September 30 to
December 31
Section 8: Telemedicine and Telehealth
On page 9, lines 20-21, includes behavioral health
care service providers to the definition of health
care provider.
Section 10: School Operating Funds
Changes repeal date from June 30, 2023 to June 30,
2025.
New Section Added
Section 11: Workers' Compensation Presumption of
Compensability
Provides that individuals employed as firefighters,
emergency medical technicians, paramedics, peace
officers, or health care providers, who contract
COVID-19, are presumed to have contracted an
occupational disease arising out of and in the course
of employment during the public health disaster
emergency declaration and are eligible for workers'
compensation benefits.
New Section Added
Section 12: Program Execution
Restricts the governor from increasing appropriations
through the revised program legislation (RPL) process
for federal receipts of:
? Coronavirus Response and Relief Supplemental
Appropriations Act funds for the Department of
Transportation and Public Facilities,
? American Rescue Plan Act funds for the
Coronavirus State and Local Fiscal Recovery
Funds, or
? funds appropriated by the 117th Congress for
infrastructure, jobs, as part of the American
Jobs Plan, related to COVID-19 or economic
recovery.
Provides clarification that this section does not
apply to appropriations and expenditures ratified
under HB 313 (ch. 32, SLA 2020), or to
appropriations increased in compliance with AS
37.07.080(h) before the retroactive February 14,
2021 effective date.
New Section Added
Section 13: Civil Liability
Provides civil and criminal liability for a state
agency, or an employee or agent of the state acting in
an official capacity for the state for acts performed
in good faith based on the authority in this Act. This
section does not grant immunity for acts or omissions
that constitute gross negligence, reckless misconduct,
or intentional misconduct.
Section 14: Licensee Liability for Client Exposure To
COVID-19
Changes section from codified to uncodified law and is
repealed June 30, 2023.
Provides clarity for what constitutes "gross
negligence" with respect to licensee actions to
protect clients from COVID-19. Substantial compliance
with applicable health mandates proves a licensee is
not negligent. If there are no mandates that apply to
the licensee, substantial compliance with mandates
from another municipality or federal guidelines would
serve as proof that a licensee was not negligent.
Section 15: Business and Employee Liability for
Customer Exposure to COVID-19
Changes section from codified to uncodified law and is
repealed June 30, 2023.
Provides clarity for what constitutes "gross
negligence" with respect to a business's actions to
protect customers from COVID-19. Substantial
compliance with applicable health mandates proves a
business is not negligent. If there are no mandates
that apply to the business, substantial compliance
with mandates from another municipality or federal
guidelines would serve as proof that a business was
not negligent.
Defines "business" for this section using a definition
that currently exists in statute.
Section 16: Abortion Funding
Prohibits funds received by the State under the
Coronavirus Aid, Relief, and Economic Act, the
Coronavirus Response and Relief Supplements
Appropriations Act, or the American Rescue Plan Act
may be expended for an abortion that is not mandatory
under AS 47.07.030(a).
Section 18: Repeals sections of SB 241
Changes date on page 14, line 16 from September 30 to
December 31
Section 20: Repeal Section
Adds Sections 3 (Emergency Powers of the Governor),
and 13 (Civil Liability Immunity) to the repeal date
of December 31, 2021 or when the governor determines a
public health disaster emergency no longer exists.
Adds Sections 4 (Emergency Powers of the Commissioner
of the Department of Health and Social Services), 14
(Licensee Liability for Client Exposure to COVID-19),
and 15 (Business and Employee Liability for Customer
Exposure to COVID-19) to the repeal date of June 30,
2023.
Repeals Section 10 (School Operating Funds) on June
30, 2025.
Section 21: Retroactivity
Adds Section 11 (Workers' Compensation Presumption of
Compensability) to retroactive date of November 15,
2020.
Sections Removed
? Fingerprinting
? Meetings of Shareholders
? Informed Consent for COVID-19 Vaccines
? Personal Objection to the Administration of
Vaccines
All other changes are technical or conforming.
Co-Chair Bishop WITHDREW the OBJECTION. There being NO
OBJECTION, the proposed committee substitute was adopted.
Co-Chair Bishop asked Co-Chair Stedman to review the fiscal
notes.
9:14:09 AM
Co-Chair Stedman explained the fiscal notes.
Senator Wilson MOVED to REPORT SCS CSHB 76(FIN) out of
committee with individual recommendations and accompanying
zero and indeterminate fiscal notes. There being NO
OBJECTION, it was so ordered.
SCS CSHB 76(FIN) was REPORTED out of committee with a "do
pass" recommendation and with three previously published
zero fiscal notes: FN 1(CED), FN 2 (DHS), FN 3 (DPS); and
two indeterminate fiscal notes: FN 4 (MVA) and FN 5 (REV).
9:17:41 AM
AT EASE
9:20:14 AM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 76 Sectional Analysis ver R 4.15.2021.pdf |
SFIN 4/16/2021 9:00:00 AM |
HB 76 |
| HB 76 ver. R 4.15.2021.pdf |
SFIN 4/16/2021 9:00:00 AM |
HB 76 |
| HB 76 Explanation of Changes ver W.A to R 4.15.2021.pdf |
SFIN 4/16/2021 9:00:00 AM |
HB 76 |
| HB 76 Follow Up Answers - SFIN April 14 Hearing_.pdf |
SFIN 4/16/2021 9:00:00 AM |
HB 76 |
| SB 10 2021 04 16 - Univ. Alaska - SB 10 Hearing Response QA.pdf |
SFIN 4/16/2021 9:00:00 AM |
SB 10 |