02/10/2021 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 69 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | SB 56 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 10, 2021
1:59 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Roger Holland, Vice Chair
Senator Joshua Revak
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
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."
- MOVED CSSB 56(L&C) OUT OF COMMITTEE
SENATE BILL NO. 69
"An Act extending an exemption from regulation as a public
utility for plants and facilities generating electricity
entirely from renewable energy resources; and providing for an
effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 56
SHORT TITLE: EXTENDING COVID 19 DISASTER EMERGENCY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) HSS, L&C, FIN
02/02/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/02/21 (S) Heard & Held
02/02/21 (S) MINUTE(HSS)
02/04/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/04/21 (S) Heard & Held
02/04/21 (S) MINUTE(HSS)
02/08/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/08/21 (S) Scheduled but Not Heard
02/09/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/09/21 (S) Moved CSSB 56(HSS) Out of Committee
02/09/21 (S) MINUTE(HSS)
02/10/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ADAM CRUM, Commissioner
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Presented SB 56 on behalf of the
administration.
BRYAN FISHER, Operations Manager
Department of Military & Veterans Affairs
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 56.
COLLEEN GLOVER, Director
Tax Division
Department of Revenue
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 56.
KATIE BOTZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
ADAM HYKEF, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
VALERIE MCKAY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56.
JILL MCLEOD, attorney representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56 and suggested
an amendment.
BONNIE PASKVAN, attorney representing self
Anchorage, Alaska
POSITION STATEMENT: Echoed Ms. McLeod's testimony on SB 56.
EDWARD D. MARTIN JR., representing self
Cooper Landing, Alaska
POSITION STATEMENT: Testified in opposition to SB 56
VIKKI JO KENNEDY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 56
HERMAN MORGAN, representing self
Rural Alaska
POSITION STATEMENT: Testified in opposition to SB 56
ALLEN TODD, General Counsel
Doyon, Limited
Fairbanks, Alaska
POSITION STATEMENT: Suggested an amendment to SB 56 to
accommodate online shareholder meetings.
MIKE COONS, Matsu Chapter
Association of Mature. American/Alaskan Citizens (AMAC) Action.
Eagle River, Alaska
POSITION STATEMENT: Testified on SB 56 to advocate for seniors.
KATIE MCCALL, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced Amendments 1 and 2 for SB 56.
ANDREW DUNMIRE, Drafting Attorney
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Provided information related to Amendment 2
for SB 56.
ACTION NARRATIVE
1:59:36 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:59 p.m. Present at call to order
were Senators Revak, Holland, Gray-Jackson, and Chair Costello.
Senator Stevens arrived immediately thereafter.
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.
3:29:51 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 3:29 p.m.
| 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 |