Legislature(2021 - 2022)BELTZ 105 (TSBldg)

02/10/2021 01:30 PM Senate LABOR & COMMERCE

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01:59:36 PM Start
02:00:17 PM SB56
03:29:51 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 69 EXEMPT RENEWABLE ENERGY ELECTRIC PLANTS TELECONFERENCED
<Bill Hearing Canceled>
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
*+ SB 56 EXTENDING COVID 19 DISASTER EMERGENCY TELECONFERENCED
Moved CSSB 56(L&C) Out of Committee
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
          SB 56-EXTENDING COVID 19 DISASTER EMERGENCY                                                                       
                                                                                                                                
2:00:17 PM                                                                                                                    
CHAIR  COSTELLO announced  the consideration  of SENATE  BILL NO.                                                               
56,  "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."                                                                                                                
                                                                                                                                
[CSSB 56(HSS) was before the committee.]                                                                                        
                                                                                                                                
She listed the individuals available to testify.                                                                                
                                                                                                                                
2:01:19 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
2:01:55 PM                                                                                                                    
ADAM  CRUM,   Commissioner,  Department  of  Health   and  Social                                                               
Services, Juneau,  Alaska, stated that  he would walk  through SB
56, provide  a summary of changes  made in the Senate  Health and                                                               
Social Services  Committee, and  provide an  overview of  why the                                                               
extension is necessary.                                                                                                         
                                                                                                                                
COMMISSIONER  CRUM  related that  on  January  15, 2021  Governor                                                               
Dunleavy issued a public health  emergency declaration, to ensure                                                               
continued support  of the state's  public health response  to the                                                               
COVID-19 public  health emergency.  SB 56  proposes 1)  to extend                                                               
the  public health  emergency disaster  declaration to  March 15,                                                               
2021; 2)  to extend the  authority of certain boards  to continue                                                               
to use curtesy licenses; 3)  to continue the expanded flexibility                                                               
of  telehealth  authority in  Alaska;  4)  to continue  expedited                                                               
fingerprinting  process between  agencies to  expedite licensing;                                                               
5) to continue to allow  shareholder and nonprofit meetings to be                                                               
held electronically; and  6) to continue to  allow certain online                                                               
charitable gaming activities.                                                                                                   
                                                                                                                                
COMMISSIONER CRUM  described the  four amendments  to SB  56 that                                                               
the  Senate   Health  and  Social  Services   Standing  Committee                                                               
adopted. The first  amendment changed the extension  to March 15,                                                               
2021.  The  second  amendment added  an  immunity  provision  for                                                               
liability for  actions taken  or not taken  during a  gap between                                                               
February 14,  2021 and enactment  of a bill pertaining  to health                                                               
orders. The  third amendment  added a  provision that  requires a                                                               
signed,  informed  consent form  for  the  administration of  the                                                               
COVID-19  vaccine. The  fourth amendment  added a  provision that                                                               
allows  an individual  to refuse  a vaccine  based on  religious,                                                               
medical, or other grounds.                                                                                                      
                                                                                                                                
2:04:57 PM                                                                                                                    
COMMISSIONER  CRUM said  the administration  introduced SB  56 to                                                               
ensure  the state's  ability  to use  the  tools and  authorities                                                               
under  the Alaska  Declaration Act.  Namely, AS  26.23.020(g)(10)                                                               
allows the allocation and distribution  of the vaccine. He listed                                                               
the following  additional authorities:  suspension and  waiver of                                                               
regulations  and  statutes  that  may prevent  or  impede  action                                                               
necessary  to  respond;  emergency procurement  and  contracting;                                                               
hiring   emergency  personnel   to   support  response   efforts;                                                               
transferring state  personnel to facilitate the  response; making                                                               
use of  temporary housing; general immunity  of first responders;                                                               
allocation of  scarce resources; assisting local  government with                                                               
needed  services; and  establishing  alternative  care sites.  He                                                               
clarified that in Alaska the  only access to the foregoing powers                                                               
was through AS 26.                                                                                                              
                                                                                                                                
2:06:43 PM                                                                                                                    
CHAIR  COSTELLO  asked  why an  additional  method  of  emergency                                                               
procurement  was  needed  when  existing  state  statute  already                                                               
allows for emergency procurement.                                                                                               
                                                                                                                                
COMMISSIONER  CRUM deferred  the  question to  the Department  of                                                               
Administration.                                                                                                                 
                                                                                                                                
CHAIR  COSTELLO informed  the committee  that  Bryan Fisher,  the                                                               
operations  manager with  the Department  of Military  & Veterans                                                               
Affairs, was online.                                                                                                            
                                                                                                                                
COMMISSIONER  CRUM suggested  that Mr.  Fisher might  be able  to                                                               
answer the question.                                                                                                            
                                                                                                                                
2:07:48 PM                                                                                                                    
BRYAN  FISHER,  Operations  Manager,  Department  of  Military  &                                                               
Veterans  Affairs, Anchorage,  Alaska,  related he  was also  the                                                               
incident  commander  for the  COVID-19  unified  command for  the                                                               
state. He  said he would  review the procurement code  and follow                                                               
up with an answer.                                                                                                              
                                                                                                                                
CHAIR COSTELLO suggested he  search under "emergency procurement"                                                               
to  see that  a previous  legislature had  contemplated emergency                                                               
powers  of procurement.  She also  asked if  the governor  needed                                                               
this legislation to dispatch the  National Guard. She offered her                                                               
understanding the  governor was  the head  of the  National Guard                                                               
and could call on it at any time.                                                                                               
                                                                                                                                
MR.  FISHER said  the Department  of Law  has advised  that while                                                               
Art. III, Sec. 19 of  the Alaska Constitution clearly states that                                                               
the governor is  commander in chief of the  National Guard, there                                                               
are specific provisions in AS  26.05.070 and AS 26.23.020(f) that                                                               
give the governor  specific authority to call  the National Guard                                                               
to active  state service  under the  definitions of  the Disaster                                                               
Act.                                                                                                                            
                                                                                                                                
CHAIR  COSTELLO   asked  if  he   was  saying  that   the  Alaska                                                               
Constitution does  not give the  governor adequate  authority and                                                               
the disaster statutes provide additional powers.                                                                                
                                                                                                                                
MR. FISHER answered  yes; the constitution says  the governor can                                                               
call out the National Guard, but  it does not explicitly say that                                                               
there are  statutes that speak  specifically to calling  them out                                                               
for disasters.                                                                                                                  
                                                                                                                                
2:10:10 PM                                                                                                                    
SENATOR STEVENS  commented that he  seemed to be saying  that the                                                               
constitution  does not  give the  governor  the needed  authority                                                               
whereas SB 56 gives that authority.                                                                                             
                                                                                                                                
MR. FISHER replied the Department of Law issued that opinion.                                                                   
                                                                                                                                
CHAIR COSTELLO asked for the opinion in writing.                                                                                
                                                                                                                                
She  offered her  understanding that  a disaster  declaration was                                                               
useful   for  the   executive  branch   to  suspend   temporarily                                                               
regulations  and statutes,  but  questioned  why the  legislature                                                               
should support waiving competency  examinations for teachers. She                                                               
asked if someone could respond to that question.                                                                                
                                                                                                                                
2:12:54 PM                                                                                                                    
COMMISSIONER CRUM answered that  the authorities authorized under                                                               
the Alaska Disaster  Act (ADA) allowed Alaska  to respond quickly                                                               
to the COVID-19  health emergency. This kept  case numbers, death                                                               
rates, and  hospitalizations lower  than states that  were slower                                                               
to act. The ADA provides  the authority for emergency procurement                                                               
followed  by a  competitive bid  process for  long-term contracts                                                               
instead of the 30 day to  6-month process outlined for DHSS in AS                                                               
36.30.110 and  AS 36.30.210. He  said this  emergency procurement                                                               
process is  what separated Alaska  from other states to  enable a                                                               
quick response to COVID-19.                                                                                                     
                                                                                                                                
Additionally,  the  ADA  allows  the  state  to  allocate  scarce                                                               
resources  such as  the  antiviral  medication called  remdesivir                                                               
that  is  used in  a  hospital  setting  and the  two  monoclonal                                                               
antibodies that are  used in outpatient settings  to treat COVID-                                                               
19 within the first 10 days of diagnosis.                                                                                       
                                                                                                                                
COMMISSIONER  CRUM  stated  that  AS 26.23.020  grants  DHSS  the                                                               
authority  to  allocate  scarce   resources,  rapidly  engage  in                                                               
contracts to respond  to new outbreaks, and  continue testing and                                                               
sequencing of  positive specimens. Sequencing  positive specimens                                                               
is  critical to  identifying when  the variants  enter Alaska  so                                                               
that the state can notify Alaskans and respond appropriately.                                                                   
                                                                                                                                
COMMISSIONER CRUM  restated the arguments that  support extending                                                               
the  January 15,  2021 public  health  emergency declaration  and                                                               
asked   the  committee   to  support   the  bill   to  give   the                                                               
administration  the authorities  and tools  to progress  into the                                                               
recovery stage of this historic public health incident.                                                                         
                                                                                                                                
2:17:30 PM                                                                                                                    
CHAIR  COSTELLO directed  attention to  page 9,  line 14  through                                                               
page 10, line  5, that talks about online  charitable gaming. She                                                               
said she was  not discounting the value of  these activities, but                                                               
she questioned putting it in  the disaster declaration. She asked                                                               
Colleen Glover to respond.                                                                                                      
                                                                                                                                
2:18:43 PM                                                                                                                    
COLLEEN GLOVER,  Director, Tax  Division, Department  of Revenue,                                                               
Anchorage, Alaska,  explained that online gaming  was included in                                                               
the disaster  declaration because  current statutes do  not allow                                                               
those activities to be conducted  online. The public events where                                                               
the  raffles traditionally  are held  were shut  down due  to the                                                               
COVID-19  health emergency,  which was  a financial  blow to  the                                                               
charitable recipients of these proceeds.                                                                                        
                                                                                                                                
CHAIR COSTELLO asked  for a list of  charitable gaming operations                                                               
in Alaska  so the committee  could see  who would benefit  by the                                                               
extension of the disaster declaration.                                                                                          
                                                                                                                                
MS.  GLOVER replied  there are  roughly 1,100  permitees but  she                                                               
could sort the data to include just those that conduct raffles.                                                                 
                                                                                                                                
CHAIR  COSTELLO said  she was  looking for  a list  of who  would                                                               
benefit if the bill were to pass.                                                                                               
                                                                                                                                
MS. GLOVER said she could send the information today.                                                                           
                                                                                                                                
SENATOR  STEVENS  asked the  administration  to  clarify for  the                                                               
public that the  provisions in this bill to  extend the emergency                                                               
health  declaration  have  nothing  to do  with  what  individual                                                               
communities throughout the  state have done to  combat the spread                                                               
of  COVID-19.  SB 56  does  not  speak  to restaurant  and  other                                                               
business  closures   or  mask   mandates;  those   are  community                                                               
decisions.                                                                                                                      
                                                                                                                                
COMMISSIONER CRUM  stated that SB  56 is mutually  exclusive from                                                               
the powers and abilities of  Home Rule and other communities that                                                               
are  able to  protect  their  citizens as  they  see fit  through                                                               
emergency orders or assembly powers into their mayor.                                                                           
                                                                                                                                
SENATOR STEVENS asked if anything  in SB 56 closes restaurants or                                                               
demands people wear masks in Kodiak.                                                                                            
                                                                                                                                
COMMISSIONER  CRUM  answered  no.  He said  the  state  initially                                                               
imposed  restrictions that  affected  businesses but  it has  not                                                               
restricted Alaska businesses since May.                                                                                         
                                                                                                                                
2:23:49 PM                                                                                                                    
SENATOR  STEVENS  thanked  him  for clarifying  that  SB  56  has                                                               
nothing  to  do with  what  communities  have done  within  their                                                               
powers to respond to the  COVIC-19 health emergency. He expressed                                                               
hope that people could see the difference.                                                                                      
                                                                                                                                
CHAIR COSTELLO  asked him to  state specifically  whether passing                                                               
the bill would  have a positive effect on the  state's ability to                                                               
receive federal  funds and not  passing it would have  a negative                                                               
effect on the ability to receive federal funds.                                                                                 
                                                                                                                                
COMMISSIONER CRUM  advised that Alaska would  continue to receive                                                               
FEMA funds  with or without  SB 56  because of the  federal major                                                               
disaster  declaration. The  state will  also continue  to receive                                                               
the 6.2  percent [Federal  Medical Assistance  Percentage (FMAP)]                                                               
for  the state  Medicaid program  because of  the federal  public                                                               
health emergency issued by the  US Health and Human Services. The                                                               
ability to receive those funds is  not tied to the state disaster                                                               
declaration.                                                                                                                    
                                                                                                                                
However, if Alaska does not  have a state disaster declaration in                                                               
place in  March, it will lose  $8 million per month  in emergency                                                               
allotment (EU)  funds for  the Supplemental  Nutrition Assistance                                                               
Program (SNAP).  The state typically administers  $15 million per                                                               
month  for the  federal government  in SNAP  benefits. Under  the                                                               
ongoing  COVID  response  and  an  Act  of  Congress,  the  state                                                               
receives an addition  $8 million each month. The  state is asking                                                               
for a waiver, but it is  those additional funds that will be lost                                                               
if there is no state disaster declaration in March.                                                                             
                                                                                                                                
CHAIR  COSTELLO asked  him  to confirm  that  the state  disaster                                                               
declaration  is not  tied  to the  6.2  percent [Federal  Medical                                                               
Assistance Percentage (FMAP) for Medicaid].                                                                                     
                                                                                                                                
COMMISSIONER CRUM said that is correct.                                                                                         
                                                                                                                                
2:27:11 PM                                                                                                                    
CHAIR COSTELLO  asked if  the $8  million in  emergency allotment                                                               
funds for  SNAP would  be forthcoming if  the state  receives the                                                               
waiver it is requesting.                                                                                                        
                                                                                                                                
COMMISSIONER  CRUM  replied there  is  no  precedent for  such  a                                                               
waiver but  the administration  is talking to  the USDA  Food and                                                               
Nutrition Service (FNS).  As of Monday, that agency  said a state                                                               
disaster declaration must be in place.                                                                                          
                                                                                                                                
CHAIR COSTELLO commented  on the seeming benefit of  a waiver and                                                               
asked if his colleagues in  other state were recommending that he                                                               
pursue one.                                                                                                                     
                                                                                                                                
COMMISSIONER  CRUM  said  the official  language  from  FNS  says                                                               
either a  state disaster declaration  or public  health emergency                                                               
is necessary. The latter is  not available because Alaska statute                                                               
does  not allow  a  public health  emergency  outside a  disaster                                                               
declaration.  He  reminded  the committee  that  former  Governor                                                               
Walker had  to issue a  disaster declaration for a  public health                                                               
emergency to distribute NARCAN kits for opioid addiction.                                                                       
                                                                                                                                
COMMISSIONER CRUM  highlighted the most recent  research from the                                                               
National  Governors Association  indicates that  every state  but                                                               
Michigan  has  either  a statewide  public  health  emergency  or                                                               
disaster declaration in place.                                                                                                  
                                                                                                                                
CHAIR  COSTELLO read  the first  two sentences  of the  emergency                                                               
procurement statute:                                                                                                            
                                                                                                                                
     AS 36.30.310. Emergency Procurements.                                                                                    
     Procurements may be made  under emergency conditions as                                                                    
     defined  in  regulations  adopted by  the  commissioner                                                                    
     when there  exists a threat to  public health, welfare,                                                                    
     or  safety,  when  a  situation  exists  that  makes  a                                                                    
     procurement  through  competitive   sealed  bidding  or                                                                    
     competitive sealed proposals  impracticable or contrary                                                                    
     to  the  public  interest,  or  to  protect  public  or                                                                    
     private property. An emergency  procurement need not be                                                                    
     made through competitive  sealed bidding or competitive                                                                    
     sealed  proposals but  shall be  made with  competition                                                                    
     that is practicable under the circumstances.                                                                               
                                                                                                                                
She asked  the Department of  Law to  clarify whether or  not the                                                               
statute  relates only  to the  Department of  Administration. She                                                               
observed that,  unlike other states,  the commissioner  in Alaska                                                               
does not appear to have the  authority to declare a public health                                                               
emergency. This has led to  the current environment where certain                                                               
things  are  allowed,  such  as   teachers  not  having  to  pass                                                               
competency tests. She  noted that the bill  packets contain pages                                                               
and pages  of administrative orders  that the  administration has                                                               
put aside to address COVID-19.                                                                                                  
                                                                                                                                
2:32:05 PM                                                                                                                    
SENATOR  GRAY-JACKSON asked  if the  $8 million  in EA  funds the                                                               
state will lose is part of the $23 million in SNAP funds.                                                                       
                                                                                                                                
COMMISSIONER CRUM answered  yes; the typical SNAP  benefit is $15                                                               
million per  month and the  $8 million is the  additional monthly                                                               
emergency assistance.                                                                                                           
                                                                                                                                
2:32:45 PM                                                                                                                    
SENATOR STEVENS  said it  is a  big deal to  lose $8  million per                                                               
month  to help  people living  in poverty  access food.  He added                                                               
that because  there are  so many  unanswered questions,  it makes                                                               
sense  to  do  a  30-day  extension  of  the  emergency  disaster                                                               
declaration.                                                                                                                    
                                                                                                                                
CHAIR   COSTELLO  said   she  supports   SNAP  funding   and  the                                                               
commissioner said that the state  would receive the $8 million in                                                               
EU funds through  February. He also said that to  continue the EU                                                               
funding, the  DHSS commissioner would need  the authority through                                                               
legislation to declare a public health emergency.                                                                               
                                                                                                                                
CHAIR COSTELLO said she thought  there was a compelling reason to                                                               
pursue  a narrowly  focused public  health emergency  declaration                                                               
but it  would be necessary  to look at the  emergency procurement                                                               
and other emergency powers that the administration has.                                                                         
                                                                                                                                
CHAIR  COSTELLO  said  she  did  not  believe  that  things  like                                                               
charitable gaming,  dog mushing, and  online raffles rise  to the                                                               
level of  a disaster declaration  but other sections of  the bill                                                               
have  sufficient   merit  that  separate  legislation   has  been                                                               
introduced to address those issues.  These include SB 24 relating                                                               
to online  shareholder meetings, SB 78  relating to telemedicine,                                                               
and SB 77 relating to charitable  gaming. She said it makes sense                                                               
to look at  the statutes and the issues that  have come up during                                                               
the pandemic and change the laws to be more COVID aware.                                                                        
                                                                                                                                
2:37:35 PM                                                                                                                    
SENATOR HOLLAND  asked Commissioner Crum  if it was  realistic to                                                               
think the  state could be in  the recovery phase of  the pandemic                                                               
in  30  days from  February  15,  and  if an  emergency  disaster                                                               
declaration would be required for the recovery phase.                                                                           
                                                                                                                                
COMMISSIONER CRUM responded by emphasizing  the importance of the                                                               
authority for  emergency procurement and the  ability to allocate                                                               
scarce resources such  as therapies and the vaccine.  He said the                                                               
state can receive the vaccine but  he raised a question about the                                                               
ability to distribute the scarce  resource in an organized manner                                                               
without the  ability afforded under  AS 26.23. He said  the state                                                               
anticipates  larger allocations  in  the next  three months.  The                                                               
goal  is  to   make  sure  that  vaccine   is  widely  available,                                                               
distributed, and waiting for Alaskans who want to take it.                                                                      
                                                                                                                                
2:40:11 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:42:35 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   opened  public                                                               
testimony on SB 56.                                                                                                             
                                                                                                                                
2:43:21 PM                                                                                                                    
KATIE BOTZ, representing self,  Juneau, Alaska, asked legislators                                                               
to kill  SB 56  and introduce  a bill that  puts people  ahead of                                                               
organizations and  government. She requested legislative  help to                                                               
stop the  unconstitutional municipal  mandates so things  can get                                                               
back to normal.                                                                                                                 
                                                                                                                                
2:46:15 PM                                                                                                                    
ADAM  HYKEF, representing  self, Homer,  Alaska, agreed  with the                                                               
previous  testimony that  local businesses  take their  lead from                                                               
the  state  and  that  city   councils  are  using  the  disaster                                                               
declaration to  justify the mandates  they impose. He  shared his                                                               
firm  belief  that  the  state  was no  longer  in  an  emergency                                                               
situation   because  treatments   and  vaccines   are  available.                                                               
Nevertheless,  Alaskans  are  waiting  for  a  green  light  from                                                               
government to  return to normal  life. He  said he opposes  SB 56                                                               
but if  it passes,  he would  like legislators  to work  to amend                                                               
existing statutes  in the next  30 days and make  the declaration                                                               
obsolete.                                                                                                                       
                                                                                                                                
2:48:37 PM                                                                                                                    
VALERIE  MCKAY, representing  self, Anchorage,  Alaska, said  she                                                               
agrees with  the previous testimony  that the  municipalities are                                                               
taking  their lead  from  the  state. She  shared  that when  she                                                               
called, she intended to testify against  the bill but now she was                                                               
speaking in  favor of SB 56  to help her family  and other people                                                               
who would benefit from speedy  distribution and administration of                                                               
the vaccine as well as from the SNAP food assistance program.                                                                   
                                                                                                                                
2:50:28 PM                                                                                                                    
JILL MCLEOD, attorney representing  self, Anchorage, Alaska, said                                                               
she was calling specifically to comment  on Section 8 of the bill                                                               
relating to  the suspension  of the  Alaska Corporations  Code to                                                               
allow  virtual meetings  by  remote  communications. She  related                                                               
that when the  pandemic struck, several clients  reached out with                                                               
concerns  about  how  to   conduct  annual  shareholder  meetings                                                               
because Alaska law  requires corporations to hold  an annual, in-                                                               
person  shareholder  meeting  in   a  location  provided  in  the                                                               
corporation bylaws.                                                                                                             
                                                                                                                                
She  said it  appears  that  Section 8  of  SB  56 continues  the                                                               
temporary  suspension of  the  requirements  of the  corporations                                                               
code to  allow remote shareholder  meetings. She  emphasized that                                                               
continuing this  suspension was  extremely important  until there                                                               
was  a  permanent legislative  fix.  She  pointed out  that  many                                                               
corporations have meetings next month  and a handful plan to hold                                                               
their  meetings throughout  the  remainder of  the year.  Without                                                               
certainty  about   the  ability  to  hold   shareholder  meetings                                                               
remotely, it will  be extremely difficult to plan  for and notice                                                               
those meetings.  She urged the  committee to consider  allowing a                                                               
longer  time prior  to  the repeal  or a  change  in language  to                                                               
reflect that  the repeal of Section  8 would occur either  on the                                                               
later  of  the  given  date   or  the  repeal  of  the  emergency                                                               
declaration.                                                                                                                    
                                                                                                                                
2:54:26 PM                                                                                                                    
BONNIE  PASKVAN, attorney  representing self,  Anchorage, Alaska,                                                               
echoed Ms. McLeod's testimony on SB 56.                                                                                         
                                                                                                                                
THOR VUE advised that he  was available to answer questions about                                                               
emergency procurement.                                                                                                          
                                                                                                                                
2:55:26 PM                                                                                                                    
EDWARD D. MARTIN JR., representing  self, Cooper Landing, Alaska,                                                               
directed  attention  to  material  he submitted  regarding  a  US                                                               
district  court case  in Pennsylvania.  He said  emergency powers                                                               
have been tested in the federal  courts and he wishes somebody in                                                               
Alaska would  bring a similar lawsuit  against Governor Dunleavy.                                                               
He pointed  out that the  governor has extended  emergency powers                                                               
beyond his  power, thus violating  his oath, Alaska law,  and the                                                               
legislature. He suggested the legislature  set the bill aside and                                                               
introduce new legislation to deal  with the current situation. He                                                               
read  the conclusion  in  the Pennsylvania  case  to support  his                                                               
argument.                                                                                                                       
                                                                                                                                
2:58:14 PM                                                                                                                    
VIKKI  JO KENNEDY,  representing self,  Juneau, Alaska,  said she                                                               
sees the  largest deaths in  the governor's  emergency extensions                                                               
have been  to small  businesses and  Alaskan's mental  health and                                                               
freedoms.                                                                                                                       
                                                                                                                                
3:00:56 PM                                                                                                                    
HERMAN MORGAN,  representing self,  Rural Alaska, said  he agrees                                                               
with previous testimony and urges the  committee to vote no on SB
56. He urged  less focus on receiving federal  disaster money and                                                               
greater focus on people losing  their jobs and children not going                                                               
to school.  He also shared his  personal views on the  dangers of                                                               
vaccines.                                                                                                                       
                                                                                                                                
3:04:41 PM                                                                                                                    
ALLEN TODD,  General Counsel, Doyon, Limited,  Fairbanks, Alaska,                                                               
stated that it  is a significant problem for  Doyon, Limited that                                                               
their March 19,  2021 online shareholder meeting  falls four days                                                               
after  the expiration  of the  public  health emergency  disaster                                                               
declaration. This potentially creates  a problem for shareholders                                                               
to meet in person when there is an ongoing pandemic.                                                                            
                                                                                                                                
MR.  TODD  summarized that  the  suspension  under Section  8  is                                                               
appropriate, but the expiration date in Section 15 is a problem.                                                                
                                                                                                                                
3:06:27 PM                                                                                                                    
CHAIR COSTELLO  advised that Senator David  Wilson had introduced                                                               
SB  24 relating  to  online shareholder  meetings.  She said  she                                                               
would have her aide reach out  with information on the bill so he                                                               
could follow it and urge its passage.                                                                                           
                                                                                                                                
3:07:08 PM                                                                                                                    
MIKE    COONS,   Matsu    Chapter,    Association   of    Mature.                                                               
American/Alaskan  Citizens (AMAC)  Action,  Eagle River,  Alaska,                                                               
said he  agrees with  the bill action  in the  previous committee                                                               
and about emergency  procurement. He said his main  concern is to                                                               
ensure that seniors in the state  are taken care of now and until                                                               
everyone  in  the   state  has  the  opportunity   to  receive  a                                                               
vaccination.                                                                                                                    
                                                                                                                                
CHAIR COSTELLO  said her office  has repeatedly impressed  on the                                                               
administration  the importance  of having  vaccine for  those who                                                               
want to be  vaccinated. She shared that her  office, at 269-0117,                                                               
has  helped  seniors through  the  process  to get  vaccine.  She                                                               
advised that  a continuing question  has been about the  need for                                                               
this  bill to  receive the  vaccine  and money  from the  federal                                                               
government. She said  that focus is much narrower  than the bill.                                                               
She highlighted  SB 24,  SB 77,  and SB  78 that  more thoroughly                                                               
address some of the provisions in  SB 56 that may be ancillary to                                                               
the public  health crisis  and distribution  of the  vaccine. "We                                                               
want to  know why the  administration requires Senate Bill  56 in                                                               
order to address the public health needs of Alaskans."                                                                          
                                                                                                                                
3:10:06 PM                                                                                                                    
CHAIR COSTELLO  closed public testimony  on SB 56  and encouraged                                                               
anyone who was interested to submit comments in writing.                                                                        
                                                                                                                                
3:10:21 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:15:13 PM                                                                                                                    
CHAIR COSTELLO reconvened  the meeting and solicited  a motion to                                                               
adopt Amendment 1.                                                                                                              
                                                                                                                                
3:15:47 PM                                                                                                                    
SENATOR  STEVENS moved  to  adopt Amendment  1,  [work order  32-                                                               
GS1011\B.1].                                                                                                                    
                                                                                                                                
                                                 32-GS1011\B.1                                                                  
                                                      Dunmire                                                                   
                                                      2/10/21                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                  BY SENATOR COSTELLO                                                                 
     TO:  CSSB 56(HSS)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 5, following line 22:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(c)      Notwithstanding   AS 26.23.050(b),   the                                                                    
     expenditure of state funds to  cope with the effects of                                                                    
     the declaration  of a public health  disaster emergency                                                                    
     issued  by   the  governor  on  January 15,   2021,  as                                                                    
     extended  by sec.  2 of  this  Act, is  limited to  the                                                                    
     appropriations and expenditure  authority identified in                                                                    
     (a) and (b) of this section."                                                                                              
                                                                                                                                
CHAIR COSTELLO  objected for discussion  purposes. She  asked Ms.                                                               
McCall to  explain the amendment  and noted that the  drafter was                                                               
also available to answer questions.                                                                                             
                                                                                                                                
3:16:22 PM                                                                                                                    
KATIE  MCCALL,   Staff,  Senator   Mia  Costello,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  stated that  Amendment  1  limits                                                               
appropriations and  expenditures. She deferred to  Mr. Dunmire to                                                               
provide a more detailed description.                                                                                            
                                                                                                                                
CHAIR COSTELLO  asked Mr.  Dunmire to  explain the  rationale for                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
3:17:23 PM                                                                                                                    
ANDREW  DUNMIRE, Drafting  Attorney, Legislative  Legal Services,                                                               
Legislative Affairs  Agency, Juneau,  Alaska, explained  that the                                                               
amendment inserts language  into SB 56 from Senate  Bill 241 that                                                               
essentially overrides  AS 26.23.050. It  makes it clear  that the                                                               
governor may only appropriate funds that are in SB 56.                                                                          
                                                                                                                                
CHAIR  COSTELLO informed  Senator  Holland  that the  legislature                                                               
addressed  the  governor's  emergency  declaration  last  session                                                               
through  Senate Bill  241.  She said  she  offered the  amendment                                                               
because the language in Senate Bill  241 was tighter and gave the                                                               
legislative branch more oversight.                                                                                              
                                                                                                                                
CHAIR COSTELLO asked the Commissioner Crum to comment on the                                                                    
amendment.                                                                                                                      
                                                                                                                                
3:19:13 PM                                                                                                                    
COMMISSIONER CRUM said Amendment 1  matches the language that was                                                               
in Senate  Bill 241 and it  follows that intent. Responding  to a                                                               
question  from   the  chair,  he  confirmed   that  he  supported                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
3:19:38 PM                                                                                                                    
CHAIR COSTELLO removed her objection; finding no further                                                                        
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
3:19:49 PM                                                                                                                    
CHAIR COSTELLO solicited a motion for Amendment 2.                                                                              
                                                                                                                                
3:20:03 PM                                                                                                                    
SENATOR STEVENS moved to adopt Amendment 2, [work order 32-                                                                     
GS1011\B.2].                                                                                                                    
                                                                                                                                
                                                 32-GS1011\B.2                                                                  
                                                      Dunmire                                                                   
                                                      2/10/21                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR COSTELLO                                                                    
     TO:  CSSB 56(HSS)                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 2, line 1, through page 3, line 23:                                                                                   
          Delete all material and insert:                                                                                       
          "FINDINGS. (a) The legislature finds that                                                                             
               (1)  on March 11, 2020, the governor issued                                                                      
     a  declaration of  a public  health disaster  emergency                                                                    
     under  AS 26.23.020 in  anticipation of  the spread  of                                                                    
     COVID-19  to the  state and  has since  issued multiple                                                                    
     new disaster declarations for the COVID-19 outbreak;                                                                       
               (2)  since the initial outbreak through the                                                                      
     present day,  the outbreak of COVID-19  has resulted in                                                                    
     serious  consequences for  residents of  the state  and                                                                    
     the state's economy;                                                                                                       
               (3)  many communities in the state,                                                                              
     including  the state's  largest city  of Anchorage  and                                                                    
     the capital  city of  Juneau, have  seen fit  to impose                                                                    
     lockdown  or hunker-down  orders,  which have  severely                                                                    
     reduced economic activity in those communities;                                                                            
               (4)    lockdown  orders and  other  pandemic-                                                                    
     related factors  have forced numerous  state businesses                                                                    
     to close  their doors and  lay off employees  or reduce                                                                    
     service levels and employee hours  far below what would                                                                    
     otherwise have been provided, to  the detriment of both                                                                    
     those businesses and their hard-working employees;                                                                         
               (5)     interstate   and  intrastate   travel                                                                    
     restrictions  of  varying  levels  of  restrictiveness,                                                                    
     while intended to contain the  spread of COVID-19, have                                                                    
     resulted  in further  reduction of  economic activities                                                                    
     in the state;                                                                                                              
               (6)      the   state  has   established   and                                                                    
     facilitated  multiple  programs   to  provide  economic                                                                    
     assistance   to   struggling    state   residents   and                                                                    
     businesses,  but the  programs,  while providing  much-                                                                    
     needed relief, generally fall  short of fully replacing                                                                    
     regular levels of voluntary economic activity;                                                                             
               (7)     as   a   result   of  voluntary   and                                                                    
     government-imposed reductions of economic activity,                                                                        
               (A)    the  state lost  29,000  jobs  between                                                                    
     October 2020 and October 2021;                                                                                             
               (B)    many  businesses  in  the  state  have                                                                    
     temporarily or permanently closed;                                                                                         
               (C)     at  least  45,000  students   in  the                                                                    
     Anchorage  School District  have been  denied in-person                                                                    
     education   for  a   significant   period  during   the                                                                    
     pandemic;                                                                                                                  
               (8)   the  shift from  in-person learning  to                                                                    
     distance learning  has negatively affected  students in                                                                    
     the   state  in   terms  of   the  students'   learning                                                                    
     progression and emotional and social development;                                                                          
               (9)   the  shift from  in-person learning  to                                                                    
     distance  learning has  been associated  with increased                                                                    
     instances of child abuse and food insecurity;                                                                              
               (10)   multiple  vaccines  for COVID-19  have                                                                    
     been  developed and  are  currently being  distributed,                                                                    
     allowing  the state  to move  into a  new phase  of its                                                                    
     COVID-19 recovery efforts;                                                                                                 
               (11)    due in  part  to  the state's  robust                                                                    
     COVID-19 response efforts, the  state currently has the                                                                    
     third-lowest  COVID-19  fatality  rate  in  the  United                                                                    
     States; and                                                                                                                
               (12)  because of  the diligent efforts of the                                                                    
     state, Alaska  has the highest vaccination  rate of all                                                                    
     50 states."                                                                                                                
                                                                                                                                
     Page 3, lines 25 - 27:                                                                                                     
          Delete "extend the public health disaster                                                                             
     emergency  declaration   issued  by  the   governor  on                                                                    
     January 15,  2021, and  all  the  powers granted  under                                                                    
     AS 18.15.390 and AS 26.23.020 to March 15, 2021"                                                                           
          Insert "(1)  take appropriate steps to continue                                                                       
     to  contain the  spread of  COVID-19 and  to distribute                                                                    
     COVID-19 vaccines  statewide with the  utmost diligence                                                                    
     and dispatch;                                                                                                              
               (2)  take appropriate steps to limit further                                                                     
     harm  to  the  state's  economy,  to  enable  displaced                                                                    
     workers in  the state to  return to work, and  to allow                                                                    
     students in the state  to rejoin in-person classes with                                                                    
     their peers; and                                                                                                           
               (3)  extend the public health disaster                                                                           
     emergency  declaration   issued  by  the   governor  on                                                                    
     January 15,  2021, and  all  the  powers granted  under                                                                    
     AS 18.15.390 and AS 26.23.020, to March 15, 2021"                                                                          
                                                                                                                                
3:20:23 PM                                                                                                                    
SENATOR STEVENS moved to amend Amendment 2.                                                                                     
                                                                                                                                
On page 2, line 2,                                                                                                              
     Delete October 2020 and October 2021                                                                                       
     Insert October 2019 and October 2020.                                                                                      
                                                                                                                                
CHAIR COSTELLO found no objection and Amendment 1 to Amendment 2                                                                
was adopted.                                                                                                                    
                                                                                                                                
3:21:01 PM                                                                                                                    
MS. MCCALL read Amendment 2, as amended, into the record.                                                                       
                                                                                                                                
3:25:13 PM                                                                                                                    
CHAIR COSTELLO removed her objection to Amendment 2, as amended;                                                                
finding no further objection, Amendment 2, as amended, was                                                                      
adopted.                                                                                                                        
                                                                                                                                
3:25:34 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:25:46 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting and solicited a motion.                                                                   
                                                                                                                                
3:25:52 PM                                                                                                                    
SENATOR STEVENS moved to report SB 56 from committee with                                                                       
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COSTELLO found no objection.                                                                                              
                                                                                                                                
3:26:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:27:02 PM                                                                                                                    
CHAIR COSTELLO  reconvened the meeting and  asked Senator Stevens                                                               
to restate the previous motion.                                                                                                 
                                                                                                                                
3:27:07 PM                                                                                                                    
SENATOR STEVENS move to report  SB 56, as amended, from committee                                                               
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
CHAIR COSTELLO found  no objection and CSSB  56(L&C) was reported                                                               
from the Senate Labor and Commerce Standing Committee                                                                           
                                                                                                                                
3:27:29 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:28:32 PM                                                                                                                    
CHAIR COSTELLO  reconvened the meeting.  She thanked  the members                                                               
and said the committee made the  point that some provisions in SB
56  could be  better  addressed in  stand-alone legislation.  The                                                               
bills that  were mentioned  earlier will  make the  statutes more                                                               
COVID aware  as Alaskan's  return to living  their lives  as they                                                               
see fit.                                                                                                                        

Document Name Date/Time Subjects
SB 56 V. B.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 V. B Summary of Changes.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 V. B Sectional Analysis.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 Transmittal Letter 1.21.2021.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 Health-Order-No-1-Appendix-A-Final-DD4 (002).pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Fiscal Note DCCED.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Fiscal Note DHSS.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Fiscal Note DOR.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Fiscal Note DPS.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Fiscal Note DMVA.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Amendment No. 1 - Costello.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 Amendment No. 2 - Costello.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 Letter of Support APEI.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 Letter of Support Sunshine Community Health Center.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
SB 56 Support_Alaska Regional Hospital.pdf SL&C 2/10/2021 1:30:00 PM
SB 56
CSSB 56 v. I.pdf SL&C 2/10/2021 1:30:00 PM
SB 56