HB 76 — An Act extending the January 15, 2021, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic; approving and ratifying declarations of a public health disaster emergency; providing for a financing plan; making temporary changes to state law in response to the COVID-19 outbreak in the following areas: emergency powers of the governor; emergency powers of the commissioner of health and social services; occupational and professional licensing, practice, and billing; telehealth; charitable gaming and online ticket sales; access to federal stabilization funds; wills; unfair or deceptive trade practices; school operating funds; workers' compensation; program execution; civil liability; immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19; immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19; abortion funding; and personal objections to the administration of COVID-19 vaccines; and providing for an effective date.
Last action — (H) EED ANNUAL RPT - DIST. FORCASTED UNRESERVED FUND BALANCES
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
14 passed, 31 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
452 added · 316 removedPlain-language change summary
The latest version of Bill HB 76 has expanded the scope of areas affected by the public health disaster emergency declaration related to COVID-19. Changes include the addition of provisions concerning civil liability protections for businesses and healthcare providers, telehealth services, and conditions for abortion funding. This matters because it aims to streamline emergency responses and provide legal safeguards for those impacted by the pandemic, facilitating better healthcare access and business operations during ongoing health challenges.
32-GH1011\ALAWS HOUSEOF BILLALASKA NO.Source Chapter No.
76SCS INCSHB THE76(FIN) LEGISLATUREam OFS THE_______ STATEAN OFACT ALASKAExtending THIRTY-SECONDthe LEGISLATUREJanuary -15, FIRST2021, SESSIONgovernor's BYdeclaration THEof HOUSEa RULESpublic COMMITTEEhealth BYdisaster REQUESTemergency OFin THEresponse GOVERNORto Introduced:the novel coronavirus disease (COVID-19) pandemic;
2/18/21approving Referred:and ratifying declarations of a public health disaster emergency;
Health and Social Services, Finance A BILL FOR AN ACT ENTITLED "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;
emergency powers of the governor;
emergency powers of the commissioner of health and social services;
fingerprinting requirements for health care providers;
andschool meetingsoperating offunds; shareholders;
andworkers' providingcompensation; for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
*program Sectionexecution; 1.
civil liability;
immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19;
immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19;
abortion funding;
and personal objections to the administration of COVID-19 vaccines;
and providing for an effective date.
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 76 AN ACT Extending the January 15, 2021, governor's declaration of a public health disaster emergency in response to the novel coronavirus disease (COVID-19) pandemic;
approving and ratifying declarations of a public health disaster emergency;
providing for a financing plan;
making temporary changes to state law in response to the COVID-19 outbreak in the following areas:
emergency powers of the governor;
emergency powers of the commissioner of health and social services;
occupational and professional licensing, practice, and billing;
telehealth;
charitable gaming and online ticket sales;
access to federal stabilization funds;
wills;
unfair or deceptive trade practices;
school operating funds;
workers' compensation;
program execution;
civil liability;
immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19;
immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19;
abortion funding;
and personal objections to the administration of COVID-19 vaccines;
and providing for an effective date.
_______________ -1- Enrolled HB 76 * Section 1.
(a) The legislature finds that HB0076a(1) -1-on HBMarch 7611, New2020, Textthe Underlinedgovernor [DELETEDissued TEXTa BRACKETED]declaration 32-GH1011\Aof (1) in December 2019, a novelpublic coronavirushealth knowndisaster asemergency severeunder acuteAS respiratory26.23.020 syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan,anticipation Hubeiof province,the People'sspread Republic of China,COVID-19 leading to outbreaksthe ofstate noveland coronavirushas diseasesince (COVID-19)issued thatmultiple havenew nowdisaster spreaddeclarations globally;for the COVID-19 outbreak;
Show all 238 changed lines (198 more)
(2) onsince Januarythe 31,initial 2020,outbreak through the Unitedpresent Statesday, Secretarythe outbreak of HealthCOVID-19 andhas Humanresulted Servicesin declaredserious aconsequences publicfor healthresidents emergencyof underthe 42state U.S.C.and the state's economy;
247d(3) (Publicmany Healthcommunities Servicein Act);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;
(3)(4) tolockdown date,orders 50and statesother pandemic-related factors have confirmedforced casesnumerous ofstate COVID-19,businesses includingto confirmationclose oftheir communitydoors transmissionand lay off employees or reduce service levels and employee hours far below what would otherwise have been provided, to the detriment of COVID-19;both those businesses and their hardworking employees;
(4)(5) oninterstate Marchand 11,intrastate 2020,travel therestrictions commissioner of healthvarying andlevels socialof servicesrestrictiveness, certifiedwhile intended to contain the governorspread thatof thereCOVID-19, washave aresulted highin probabilityfurther thatreduction COVID-19 presents a credible threat of aneconomic imminentactivities outbreak of the disease in the state,state; meeting the definition of disaster under AS 26.23.900(2)(E);
(5)(6) onthe Marchstate 11,has 2020,established theand governorfacilitated issuedmultiple aprograms declarationto ofprovide aeconomic publicassistance healthto disasterstruggling emergencystate underresidents ASand 26.23.020businesses, inbut anticipationthe ofprograms, thewhile spreadproviding much-needed relief, generally fall short of COVID-19fully toreplacing theregular state;levels of voluntary economic activity;
(6)(7) inas the disaster declaration issued March 11, 2020, the governor found that a statewideresult responseof undervoluntary AS 18.15.390 was required to address the public health disaster emergency and authorizedgovernment-imposed thereductions commissioner of healtheconomic andactivity, social(A) services and the adjutantstate generallost of29,000 militaryjobs andbetween veterans'October affairs2019 toand takeOctober all2020; actions necessary to address the public health disaster emergency;
(7)(B) onmany Marchbusinesses 12,in 2020, the Departmentstatehave oftemporarily Healthor andpermanently Socialclosed; Services and the governor announced that the first case of COVID-19 was diagnosed in an individual in Anchorage;
(8)(C) fromat Marchleast 12,45,000 2020,students toin present,the casesAnchorage ofSchool COVID-19District continuehave tobeen bedenied diagnosedin-person acrosseducation for a significant period during the state;pandemic;
(9)(8) onthe Aprilshift 9,from 2020,in-person Presidentlearning Donaldto J.distance learning has negatively Enrolled HB 76 -2- affected students in the state in terms of the students' learning progression and emotional and social development;
Trump(9) approvedthe ashift majorfrom disasterin-person declarationlearning forto thedistance statelearning tohas aidbeen inassociated COVID-19with recoveryincreased efforts;instances of child abuse and food insecurity;
(10) onmultiple Novembervaccines 16,for 2020,COVID-19 thehave governorbeen issueddeveloped aand declarationare ofcurrently abeing publicdistributed, healthallowing disasterthe emergencystate underto ASmove 26.23.020into ina responsenew tophase theof ongoingits statewideCOVID-19 COVID-recovery 19efforts; outbreak;
HB 76 -2- HB0076a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A (11) ondue Decemberin 11,part 2020,to the Foodstate's androbust DrugCOVID-19 Administrationresponse issuedefforts, anthe Emergencystate Usecurrently Authorizationhas (EUA)the tothird-lowest beginCOVID-19 anfatality immediaterate nationwidein distributionthe ofUnited aStates; COVID-19 vaccine;
and (12) onbecause Decemberof 16, 2020, the governordiligent issuedefforts a declaration of a public health disaster emergency under AS 26.23.020 in response to the ongoingstate, statewideAlaska COVID-has 19 outbreak, and the necessityhighest ofvaccination facilitatingrate the receipt and statewide distribution of theall COVID-1950 vaccine;states.
(13)(b) Based on Januarythe 12,findings 2021,in (a) of this section, the commissionerlegislature finds that it is in the best interest of healththe andstate socialto services(1) certified,take inappropriate accordancesteps withto AScontinue 26.23.900(2)(E),to thatcontain anthe outbreakspread of COVID-19 isand occurringto indistribute AlaskaCOVID-19 becausevaccines ofstatewide widespreadwith communitythe transmission;utmost diligence and dispatch;
(14)(2) atake statewideappropriate responsesteps underto ASlimit 18.15.390,further coordinatedharm byto the Departmentstate's ofeconomy, Healthto andenable Socialdisplaced Services,workers isin neededthe state to fullyreturn addressto thiswork, disasterand ofto publicallow healthstudents andin aidthe instate vaccineto distribution;rejoin in-person classes with their peers;
(15) the Department of Health and Social(3) Service'sextend chief medical officer and the commissionerpublic of health anddisaster socialemergency servicesdeclaration haveissued determinedby thatthe itgovernor willon takeJanuary months15, of2021, monitoring and activeall publicthe healthpowers management,granted includingunder statewideAS vaccine18.15.390 distribution,and toAS contain26.23.020, theto spreadDecember COVID-19;31, 2021.
(16) the adjutant general of the Alaska organized militia has determined that it may be necessary for the Department of Military and Veterans' Affairs, under the guidance of the commissioner of health and social services, to use personnel and other resources of the Department of Military and Veterans' Affairs to institute actions under AS 26.23.020, including provisions to perform or facilitate performance of disaster emergency services.
(b) Based on the findings in (a) of this section, the legislature finds that it is in the best interest of the state to 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 September 30, 2021.
APPROVAL, RATIFICATION, AND EXTENSION OF DISASTER EMERGENCY.
(a) UnderThe ASdeclarations 26.23.020(c), the Alaska State Legislature extends to September 30, 2021, the declaration of a public health disaster emergency issued by the HB0076agovernor -3-on HBNovember 7615, New2020, TextDecember Underlined15, [DELETED2020, TEXTand BRACKETED]January 32-GH1011\A15, governor2021, onare Januaryapproved 15,and 2021.ratified.
The(b) extensionUnder underAS this26.23.020(c), subsectionthe includesAlaska anState order,Legislature proclamation,extends orto regulationDecember issued31, under2021, AS 26.23.020 and an action taken by the Departmentdeclaration of Healtha andpublic Socialhealth Servicesdisaster underemergency theissued authorityby granted to the Departmentgovernor ofon HealthJanuary and15, Social2021. Services under AS 18.15.390.
(b)The Notwithstandingextension (a)under of this section,subsection ifincludes thean commissionerorder, ofproclamation, healthor andregulation socialissued servicesunder certifiesAS to26.23.020 theand governor that there is no longer a present outbreak of novel coronavirus disease (COVID-19) or a credible threat of an imminentaction outbreaktaken ofby COVID-19, the governorDepartment shallof issueHealth aand proclamation-3- thatEnrolled theHB public76 healthSocial disasterServices emergencyunder identified in the declarationauthority issuedgranted byto the governorDepartment on January 15, 2021, no longer exists as of aHealth dateand determinedSocial byServices theunder governor.AS 18.15.390.
(c) Notwithstanding (b) of this section, if the commissioner of health and social services certifies to the governor that there is no longer a present outbreak of novel coronavirus disease (COVID-19) or a credible threat of an imminent outbreak of COVID-19, the governor shall issue a proclamation that the public health disaster emergency identified in the declaration issued by the governor on January 15, 2021, no longer exists as of a date determined by the governor.
(c)(d) The governor shall submit a proclamation issued under (b)(c) of this section to the revisor of statutes, the president of the senate, the speaker of the house of representatives, and the lieutenant governor.
EMERGENCY POWERS OF THE GOVERNOR.
Notwithstanding any other provision of law, the governor may not take any action under AS 26.23.020(g)(4) - (6), (8), or (11) to respond to the novel coronavirus disease (COVID-19) public health disaster emergency issued by the governor on January 15, 2021, as extended by sec.
2 of this Act.
* Sec.
4.
The uncodified law of the State of Alaska is amended by adding a new section to read:
EMERGENCY POWERS OF THE COMMISSIONER OF HEALTH AND SOCIAL SERVICES.
(a) Notwithstanding any other provision of law, the commissioner of health and social services may declare a public health emergency if the commissioner determines that the Department of Health and Social Services must take action to protect the public health, including providing public health services or enforcing existing health laws, as part of the state's response to the ongoing pandemic related to the novel coronavirus disease (COVID-19).
(b) A public health emergency declared under this section must support the efforts of the Department of Health and Social Services to maximize and maintain the following federal benefits:
Enrolled HB 76 -4- (1) emergency allotments under the Supplemental Nutrition Assistance Program;
(2) blanket waivers enacted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services;
(3) waivers under section 1135 of the Social Security Act;
(4) waivers under section 1915(c) of the Social Security Act, including Appendix K;
and (5) funding under the Stafford Act related to non-congregate sheltering.
(c) During a public health emergency declared under this section, the commissioner of health and social services may coordinate, allocate, distribute, and manage vaccine doses and therapeutics to respond to COVID-19.
(d) During a public health emergency declared under this section, the chief procurement officer may authorize the use of an emergency procurement under AS 36.30.310 for a procurement related to the public health emergency requested by the commissioner of health and social services.
(e) A public health emergency declared under this section expires on the earlier of the date (1) the commissioner of health and social services determines that the public health emergency declaration under this section is no longer necessary;
or (2) the public health emergency issued under sec.
319 of the Public Health Service Act expires, subject to renewal by the United States Secretary of Health and Human Services.
* Sec.
5.
The uncodified law of the State of Alaska is amended by adding a new section to read:
-5- Enrolled HB 76 (3) the authorization made in sec.
8, SLA 2020, Department of Health and Social Services, Thirty-First Alaska State Legislature, allowing for up to $20,000,000 in transfers between all appropriations made in the Department of Health and Social Services, except for transfers from the Medicaid services appropriation;
8, SLA 2020, Department of Health and Social Services, Thirty-First Alaska State Legislature, (A) of federal receipts received during the fiscal year ending June 30, HB 76 -4- HB0076a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A 2021, for Medicaid services;
38,38(c), ch.
88, SLA 2020, of excess federal receipts received during the fiscal yearsyear ending June 30, 2021;
32, SLA 2020, for expenditure of federal CARESCoronavirus Aid, Relief, and Economic Security Act (CARES Act) receipts;
(8) federal receipts received by any statefuture agencyappropriations made for purposes of mitigating the publicfiscal healthyears disasterending emergencyJune subject30, to2021, useand ofJune the30, process2022, proscribedfor in AS 26.23.020(k)(2) if the legislaturecost isof notresponding into sessionand and,mitigating if the legislaturerisk isof in session, subject to a request to include the federalCOVID-19 receiptsoutbreak. in an existing appropriation bill;
(9) any future appropriations made for fiscal years ending June 30, 2021, and June 30, 2022, for the cost of responding to and mitigating the risk of the coronavirus disease (COVID-19) outbreak.
(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.
4.6.
Beginning MarchMay 1, 2021, the Officeoffice of Managementmanagement and Budgetbudget shall Enrolled HB 76 -6- electronically submit, on the first day of the month, a report to the Legislativelegislative Financefinance Divisiondivision that lists the total expenditures incurred by the state in its response to the public health disaster emergencyemergency, including mitigating, preventing, and controlling the novel coronavirus disease (COVID-19).
The report should include cumulative expenses incurred by categorycategory, beginning March 11, 2020, the date the governor issued histhe initial declaration of a public health disaster emergencyemergency, and should reflect changes over the last monthly reporting period.
The Officeoffice of Managementmanagement and Budgetbudget shall submit a final report not later than HB0076aJanuary -5-31, HB2022, 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A November 30, 2021, or 60 days after the date the governor determines, under sec.
5.7.
a license expedited under this section expires on the earlier of (A) SeptemberDecember 30,31, 2021;
(b) Notwithstanding any other provision of law and to the extent necessary to respond to the public health disaster emergency, a board listed in AS 08.01.010, the commissioner of commerce, community, and economic development, or the director, as applicable, may take additional action necessary to protect public health, safety, and welfare, including (1) temporarily waiving or modifying the continuing education requirements required for licensees to renew a professional license, permit, or certificate in calendar year -7- Enrolled HB 76 2021;
HB 76 -6- HB0076a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A (c) An individual seeking or holding an expedited license, permit, or certificate under this section who travels to the state from outside the state must comply with travel restrictions ordered or guidelines recommended by the Centers for Disease Control and Prevention, United States Department of Health and Human Services, that are in effect at the time the individual arrives in the state.
6.8.
(2) the health care services provided without an in-person physical examination are within the health care provider's authorized scope of practice in the jurisdiction that issued the health care provider's license, permit, or certification;
Enrolled HB 76 -8- (3) in the event that the health care provider determines that the encounter will extend beyond the scope of practice or scope of services described in this section, the health care provider advises the patient that the health care provider is not authorized to provide the services to the patient, recommends that the patient contact a health care provider licensed in the state, and terminates the encounter.
(b) The amount charged by a health care provider for services provided under this section must be reasonable and consistent with the ordinarsordinary fees typically charged for that HB0076a -7- HB 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A service and may not be more than five percent above the ordinary fees typically charged for that service.
(d) In this section, "health care provider" has the meaning given in AS 18.15.395.18.15.395 and includes a person that provides behavioral health care services.
7.
The uncodified law of the State of Alaska is amended by adding a new section to read:
FINGERPRINTING.
For the duration of the novel coronavirus disease (COVID-19) public health disaster emergency declaration issued by the governor on January 15, 2021, as extended by sec.
2 of this Act, the Department of Commerce, Community, and Economic Development shall coordinate with the Department of Health and Social Services and the Department of Public Safety to expedite the process for applicants under AS 08.29, AS 08.36, AS 08.64, AS 08.68, AS 08.71, AS 08.72, AS 08.80, AS 08.84, and AS 08.86 to submit fingerprints.
* Sec.
8.
The uncodified law of the State of Alaska is amended by adding a new section to read:
MEETINGS OF SHAREHOLDERS;
NOTICE OF SHAREHOLDER MEETINGS;
CORPORATIONS.
(a) Notwithstanding AS 10.06.405, a meeting of shareholders may be held by electronic communication to the extent the corporation's board authorizes and adopts guidelines to govern an electronic meeting.
(b) Notwithstanding AS 10.06.410, a corporation that has distributed or is planning to distribute, on the effective date of this Act, a proxy statement and notice of annual meeting to its shareholders may renotice or notice the annual meeting so that the annual meeting may be held by electronic communication authorized under (a) of this section.
(c) Notwithstanding AS 10.20.061 - 10.20.076, a meeting of the members of a nonprofit corporation organized under AS 10.20, including meeting notice and determination of a quorum, may be held by telecommunication to the extent the corporation's board adopts HB 76 -8- HB0076a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A or amends bylaws to allow for an electronic meeting.
(d) Notwithstanding (a) - (c) of this section and a provision of AS 10.06 or AS 10.20 to the contrary, a meeting, including the notice of the meeting and determination of a quorum, of the shareholders of a Native corporation organized under AS 10.06 or the members of a Native corporation organized under AS 10.20 may be held by electronic communication or telecommunication to the extent the corporation's board of directors authorizes holding meetings by electronic communication or telecommunication and adopts guidelines to govern a meeting held by electronic communication or telecommunication.
In this subsection, "Native corporation" means a corporation organized under 43 U.S.C.
1601 et seq.
(Alaska Native Claims Settlement Act).
* Sec.
(a) Notwithstanding any other provision of law, for the durationDepartment of theRevenue novelmay coronaviruspermit diseaseonline (COVID-19)charitable publicgaming healthticket disastersales emergencyspecified declaredin by(b) theof governorthis undersection ASto 26.23.020benefit oncharities Januaryin 15,the 2021,state. as extended by sec.
2(b) ofNotwithstanding thisAS Act,05.15.640, thea Departmentpermittee, ofoperator, Revenueor maymultiple-beneficiary permitpermittee onlinemay charitablesell gamingtickets ticketonline salesfor specifieda inraffle (b)or oflottery, thisdog sectionmushers' socontest, thatderby, proceedsor fromtype theseof contestsclassic maydefined benefit charities in theAS state.05.15.690.
(b)A Notwithstandingpermittee, ASoperator, 05.15.640,or permittees,holder operators,of ora multiple-beneficiary permitteespermit mayconducting sell tickets online for a raffle or lottery, dog mushers’mushers' contest, derby, or type of classic defined in AS 05.15.690.05.15.690 may draw winning tickets online or by other electronic or digital means.
Permittees(c) mayThe drawDepartment winningof ticketsRevenue online.shall establish standards for online ticket sales to ensure compliance with charitable gaming laws, including age and location verification requirements.
(c)-9- AEnrolled ticketHB seller76 may(d) notA sellpurchaser ashall, ticketat onlinethe unlesstime andof untilan theonline sellerticket verifiessale, that,certify atthat the timepurchaser is of sale,legal thepurchasing purchaserage and is (1)not ofphysically legalpresent purchasingin age;an area that has adopted a local option prohibiting charitable gaming.
(2)(e) physicallyA presentpermittee, operator, or holder of a multiple-beneficiary permit conducting a charitable gaming activity under this section shall conduct the charitable gaming activity in Alaska;the state and determine, in the state, the winner of the charitable gaming activity.
and (3) not physically present within an option area where charitable gaming is prohibited.
(d) The Department of Revenue shall establish standards for online ticket sales to ensure compliance with charitable gaming laws, including (1) age and location verification requirements reasonably designed to block internet purchasing access to persons who are HB0076a -9- HB 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A (A) located out of state;
or (B) not of legal purchasing age;
and (2) appropriate data security tandards to prevent unauthorized internet purchasing access by any person whose age and current location has not been verified.
The uncodified law of the State of Alaska is amended by adding a new section to read:
SCHOOL OPERATING FUNDS.
(a) Notwithstanding AS 14.17.505(a), a school district may accumulate in a fiscal year an unreserved portion of its year-end fund balance in its school operating fund, as defined in regulation by the Department of Education and Early Development, in any amount.
(b) Notwithstanding AS 14.17.505(b), the unreserved portion of the year-end operating fund balance of a school district for the preceding fiscal year may not be used to reduce the state aid paid to that school district in the current fiscal year.
(c) The Department of Education and Early Development shall prepare an annual report detailing the amount of the unreserved portion of the year-end operating fund balance of each school district forecasted to carry over from the current fiscal year to the next fiscal year.
Not later than February 15 of each year, the department shall submit the report required under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.
* Sec.
11.
The uncodified law of the State of Alaska is amended by adding a new section to read:
WORKERS' COMPENSATION PRESUMPTION OF COMPENSABILITY.
(a) Notwithstanding AS 23.30.121 and 23.30.395(24), an employee who contracts the novel coronavirus disease (COVID-19) is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if, during the public health disaster emergency declared by the governor on January 15, 2021, as extended by sec.
2 of this Act, the employee (1) is employed as a firefighter, emergency medical technician, paramedic, peace officer, or health care provider;
Enrolled HB 76 -10- (2) had work-related in-person contact with a member of the public outside of the employee's home within 14 days before receiving a diagnosis of or positive laboratory test for COVID-19;
and (3) receives a (A) COVID-19 diagnosis by a physician;
(B) presumptive positive COVID-19 test result;
or (C) laboratory-confirmed COVID-19 diagnosis.
(b) In this section, (1) "emergency medical technician" has the meaning given in AS 18.08.200;
(2) "firefighter" means (A) a person employed by a state or municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal;
or (B) a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department;
(3) "health care provider" has the meaning given in AS 13.52.390;
(4) "paramedic" has the meaning given in AS 12.55.185;
(5) "peace officer" has the meaning given in AS 11.81.900.
* Sec.
12.
The uncodified law of the State of Alaska is amended by adding a new section to read:
PROGRAM EXECUTION.
(a) Notwithstanding AS 37.07.080(h), an appropriation item for the fiscal years ending June 30, 2021, and June 30, 2022, may not be increased based on receipt of additional federal receipts from (1) H.R.
133 (P.L.
116-260 (Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA))) for the Department of Transportation and Public Facilities;
(2) sec.
9901, P.L.
117-2 (Subtitle M—Coronavirus State and Local Fiscal Recovery Funds, American Rescue Plan Act of 2021);
or (3) funds appropriated by the 117th Congress (A) for infrastructure, jobs, or as part of the American Jobs Plan, as proposed by the President of the United States, or a similar bill or plan;
or (B) related to novel coronavirus disease (COVID-19) or economic -11- Enrolled HB 76 recovery.
(b) This section does not apply to appropriations and expenditures ratified under ch.
32, SLA 2020, or to appropriations that were increased based on compliance with AS 37.07.080(h) before the effective date of this Act.
* Sec.
13.
The uncodified law of the State of Alaska is amended by adding a new section to read:
CIVIL LIABILITY.
(a) A state agency, or an employee or agent of the state acting in an official capacity for the state, is immune from civil and criminal liability for acts performed in good faith based on the authority granted by this Act.
(b) A person is immune from civil and criminal liability for acts performed in good faith at the request of a government agency acting on the authority granted by this Act.
This immunity does not apply to an act or omission that constitutes gross negligence, reckless misconduct, or intentional misconduct.
* Sec.
14.
The uncodified law of the State of Alaska is amended by adding a new section to read:
LICENSEE LIABILITY FOR CLIENT EXPOSURE TO COVID-19.
(a) A licensee is immune from disciplinary action under AS 08 for sickness, death, economic loss, and other damages suffered by a client of the licensee from exposure to novel coronavirus disease (COVID-19) in the course of the licensee's practice of the licensee's trade or profession.
(b) To qualify for immunity under this section, a licensee must have been practicing the licensee's trade or profession in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the client's exposure to COVID-19.
(c) Immunity under this section does not apply to exposure to COVID-19 resulting from the gross negligence, recklessness, or intentional misconduct of a licensee.
(d) Immunity under this section is in addition to any other immunity from liability provided under state or federal law.
(e) In this section, "licensee" has the meaning given in AS 08.01.110.
* Sec.
15.
The uncodified law of the State of Alaska is amended by adding a new section to read:
BUSINESS AND EMPLOYEE LIABILITY FOR CUSTOMER EXPOSURE TO Enrolled HB 76 -12- COVID-19.
(a) A person who engages in business and an employee of that person when working in the business are immune from civil liability for sickness, death, economic loss, and other damages suffered by a customer from exposure to novel coronavirus disease (COVID-19) while patronizing the business.
(b) To qualify for immunity under this section, the person engaging in business must have been operating the business in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the customer's exposure to COVID-19.
(c) Immunity under this section does not apply to exposure to COVID-19 resulting from the gross negligence, recklessness, or intentional misconduct of a person engaging in business or an employee of that person.
(d) Immunity under this section is in addition to any other immunity from liability provided under state or federal law.
(e) In this section, "business" has the meaning given in AS 18.35.399.
* Sec.
16.
The uncodified law of the State of Alaska is amended by adding a new section to read:
ABORTION FUNDING.
Money received under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRSSAA), or the American Rescue Plan Act of 2021 may not be expended for an abortion that is not mandatory under AS 47.07.030(a).
Money may only be expended for mandatory services required under 42 U.S.C.
1396 - 1396p (Title XIX of the Social Security Act) and for optional services offered by the state plan for medical assistance that has been approved by the United States Department of Health and Human Services.
* Sec.
17.
The uncodified law of the State of Alaska is amended by adding a new section to read:
PERSONAL OBJECTIONS TO THE ADMINISTRATION OF COVID-19 VACCINES.
An individual may object to the administration of a novel coronavirus disease (COVID-19) vaccine based on religious, medical, or other grounds.
A parent or guardian of a minor child may object to the administration of a COVID-19 vaccine to the minor child based on religious, medical, or other grounds.
A person may not require an individual to provide justification or documentation to support the individual's decision to decline a COVID-19 -13- Enrolled HB 76 vaccine or to decline a COVID-19 vaccine for a minor child.
* Sec.
18.
11.19.
10, SLA 2020, are repealed on the earlier of (1) SeptemberDecember 30,31, 2021;
12.20.
SectionsThe 1uncodified -law 3of andthe 5State - 9 of thisAlaska Actis areamended repealedby onadding thea earliernew ofsection (1)to Septemberread: 30, 2021;
APPLICABILITY.
Sections 14 and 15 of this Act apply to novel coronavirus disease (COVID-19) exposure occurring on or after March 11, 2020, in a civil action filed on or after the effective date of this Act.
* Sec.
21.
(a) Sections 1 - 3, 5, 7, 8, 11, and 17 of this Act are repealed on the earlier of (1) December 31, 2021;
(b) Section 9 of this Act is repealed June 30, 2022.
(c) Sections 4, 14, and 15 of this Act are repealed June 30, 2023.
(d) Section 10 of this Act is repealed June 30, 2025.
(e) Section 13 of this Act is repealed on the earlier of the date (1) the commissioner of health and social services determines that a public health emergency declaration under sec.
4 of this Act is no longer necessary;
or (2) the public health emergency issued under sec.
319 of the Public Health Service Act expires, subject to renewal by the United States Secretary of Health and Human Services.
13.22.
Enrolled HB 76 -14- RETROACTIVITY.
If(a) thisSections Act1, takes2(b) effect- after(d), February3 14,- 2021,10, 12, 13, and 16 - 21 of this Act isare retroactive to February 14, 2021.
(b) Sections 2(a) and 11 of this Act are retroactive to November 15, 2020.
(c) Sections 14 and 15 of this Act are retroactive to March 11, 2020.
14.23.
HB-15- 76Enrolled -10-HB HB0076a76 New Text Underlined [DELETED TEXT BRACKETED]
Show all 238 changed rows (198 more)
Action History
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(H) EED ANNUAL RPT - DIST. FORCASTED UNRESERVED FUND BALANCES
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(H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER
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(H) Signed into law 4/30 CHAPTER 2 SLA 21
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(H) MANIFEST ERROR(S)
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(H) 5:10 P.M. 4/29/21 Transmitted to Governor
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(H) EFFECTIVE DATE(S) ADOPTED Y35 N5
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(H) CONCUR AM OF (S) Y25 N15
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(H) CONCUR TAKEN UP UC
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(H) CONCUR READ AND HELD
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(S) VERSION: SCS CSHB 76(FIN) AM S
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(S) TRANSMITTED TO (H) AS AMENDED
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(S) EFFECTIVE DATE(S) SAME AS PASSAGE
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(S) PASSED ON RECONSIDERATION Y14 N6
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(S) RECON TAKEN UP SAME DAY UC
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(S) HUGHES NOTICE OF RECONSIDERATION
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(S) EFFECTIVE DATE(S) ADOPTED Y19 N1
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(S) PASSED Y13 N7
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(S) AUTOMATICALLY IN THIRD READING
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(S) AM NO 37 FAILED Y1 N19
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(S) AM TO AM 37 FAILED Y9 N11
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(S) AM NO 31 AS AMENDED WITHDRAWN
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(S) UPDATED AM TO AM NO 31 ADOPTED Y10 N9 A1
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(S) AM TO AM NO 31 OFFERED AND WITHDRAWN
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(S) UPDATED AM NO 21 OFFERED AND FAILED Y8 N12
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(S) AM NO 21 WITHDRAWN
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(S) UPDATED AM NO 16 WITHDRAWN
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(S) AM NO 41 ADOPTED Y17 N3
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(S) AM NO 40 ADOPTED UC
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(S) AM NO 39 FAILED Y4 N16
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(S) AM NO 38 FAILED Y3 N17
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(S) AM NO 37 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 36 OFFERED AND WITHDRAWN
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(S) AM NO 35 FAILED Y2 N18
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(S) AM NO 34 FAILED Y3 N17
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(S) AM NO 33 FAILED Y5 N15
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(S) AM NO 32 FAILED Y7 N13
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(S) AM NO 31 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 30 FAILED Y4 N16
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(S) ...CHANGES TITLE OF LEGISLATION
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(S) AM NO 29 ADOPTED Y12 N8
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(S) AM NO 28 FAILED Y2 N18
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(S) AM NO 27 FAILED Y1 N19
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(S) AM NO 26 NOT OFFERED
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(S) AM NO 25 NOT OFFERED
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(S) AM NO 24 NOT OFFERED
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(S) AM NO 23 NOT OFFERED
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(S) AM NO 22 NOT OFFERED
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(S) UPDATED AM NO 16 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 16 WITHDRAWN
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(S) AM NO 21 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 20 FAILED Y5 N15
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(S) AM NO 19 NOT OFFERED
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(S) AM NO 18 FAILED Y9 N11
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(S) AM NO 17 FAILED Y6 F14
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(S) AM NO 16 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 15 FAILED Y5 N15
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(S) AM NO 14 NOT OFFERED
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(S) UPDATED AM 6 OFFERED AND ADOPTED UC
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(S) AM NO 6 WITHDRAWN
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(S) AM NO 13 FAILED Y5 N15
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(S) AM NO 12 FAILED Y6 N14
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(S) AM NO 11 FAILED Y9 N11
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(S) AM NO 10 OFFERED AND WITHDRAWN
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(S) AM NO 9 ADOPTED Y20 N-
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(S) AM NO 8 FAILED Y6 N14
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(S) AM NO 7 ADOPTED Y19 N1
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(S) AM NO 6 OFFERED AND MOVED TO BOTTOM
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(S) AM NO 5 FAILED Y7 N13
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(S) AM NO 4 OFFERED AND WITHDRAWN
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(S) AM NO 3 AS AMENDED ADOPTED UC
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(S) AM TO AM 3 ADOPTED UC
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(S) AM NO 3 OFFERED
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(S) AM NO 2 NOT OFFERED
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(S) AM NO 1 ADOPTED UC
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(S) RETURN TO SECOND FOR AMS UC
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(S) READ THE THIRD TIME SCS CSHB 76(FIN)
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(S) ADVANCED TO THIRD READING 4/28 CALENDAR
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(S) FIN SCS ADOPTED Y12 N7 E1
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(S) READ THE SECOND TIME
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(S) RULES TO CALENDAR 4/26/2021
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(S) Minutes (SFIN)
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(S) Moved SCS CSHB 76(FIN) Out of Committee
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(S) FINANCE at 09:00 AM SENATE FINANCE 532
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(S) FN5: INDETERMINATE(REV)
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(S) FN4: INDETERMINATE(MVA)
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(S) FN3: ZERO(DPS)
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(S) FN2: ZERO(DHS)
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(S) FN1: ZERO(CED)
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(S) AM: WILSON, WIELECHOWSKI, OLSON
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(S) DP: BISHOP, STEDMAN, HOFFMAN
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(S) TITLE CHANGE: SCR 5
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(S) FIN RPT SCS 3DP 3AM NEW TITLE
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(S) Minutes (SFIN)
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(S) Heard & Held -- Delayed to a Call of the Chair --
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(S) FINANCE at 01:00 PM SENATE FINANCE 532
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(S) Minutes (SFIN)
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(S) Heard & Held
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(S) FINANCE at 09:00 AM SENATE FINANCE 532
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(S) Minutes (SFIN)
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(S) FINANCE at 09:00 AM SENATE FINANCE 532
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(S) Minutes (SFIN)
-
(S) Heard & Held
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(S) FINANCE at 09:00 AM SENATE FINANCE 532
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(S) Minutes (SFIN)
-
(S) Heard & Held
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(S) FINANCE at 01:00 PM SENATE FINANCE 532
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(S) FIN
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(S) READ THE FIRST TIME - REFERRALS
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(H) VERSION: CSHB 76(FIN) AM
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(H) TRANSMITTED TO (S)
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(H) ENGROSSED
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(H) EFFECTIVE DATE(S) ADOPTED Y36 E3 A1
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(H) PASSED Y22 N15 E3
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(H) READ THE THIRD TIME CSHB 76(FIN) AM
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(H) ADVANCED TO THIRD READING 3/26 CALENDAR
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(H) AM NO 12 FAILED Y18 N21 E1
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(H) AM NO 11 ADOPTED Y21 N18 E1
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(H) AM NO 10 FAILED Y17 N22 E1
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(H) AM NO 9 FAILED Y19 N20 E1
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(H) AM NO 8 FAILED Y18 N21 E1
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(H) AM NO 7 FAILED Y16 N23 E1
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(H) AM NO 6 NOT OFFERED
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(H) AM NO 5 FAILED Y17 N22 E1
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(H) AM NO 4 FAILED Y17 N21 E1 A1
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(H) AM NO 3 FAILED Y18 N21 E1
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(H) AM NO 2 FAILED Y17 N22 E1
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(H) AM NO 1 FAILED Y19 N21
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(H) FIN CS ADOPTED UC
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(H) READ THE SECOND TIME
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(H) RULES TO CALENDAR 3/25/2021
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(H) FN5: INDETERMINATE(REV)
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(H) FN4: INDETERMINATE(MVA)
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(H) FN3: ZERO(DPS)
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(H) FN2: ZERO(DHS)
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(H) FN1: ZERO(CED)
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(H) NR: LEBON, RASMUSSEN, MERRICK
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(H) DNP: CARPENTER, THOMPSON, JOHNSON
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(H) DP: ORTIZ, EDGMON, WOOL, JOSEPHSON, FOSTER
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(H) FIN RPT CS(FIN) NEW TITLE 5DP 3DNP 3NR
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(H) Minutes (HFIN)
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(H) Moved CSHB 76(FIN) Out of Committee
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(H) FINANCE at 01:30 PM ADAMS 519
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(H) Minutes (HFIN)
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(H) Heard & Held -- Delayed to 2:30 pm --
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(H) FINANCE at 02:00 PM ADAMS 519
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(H) Minutes (HFIN)
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(H) Bill Postponed to 3/19/21 at 2:00 pm -- Recessed to 2:00 pm 3/19/21 --
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(H) FINANCE at 01:30 PM ADAMS 519
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(H) Minutes (HFIN)
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(H) Heard & Held
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(H) FINANCE at 01:30 PM ADAMS 519
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(H) Minutes (HFIN)
-
(H) Heard & Held
-
(H) FINANCE at 01:30 PM ADAMS 519
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(H) FN5: INDETERMINATE(REV)
-
(H) FN4: INDETERMINATE(MVA)
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(H) FN3: ZERO(DPS)
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(H) FN2: ZERO(DHS)
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(H) FN1: ZERO(CED)
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(H) NR: PRAX
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(H) DNP: KURKA, MCCARTY
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(H) DP: FIELDS, SPOHNHOLZ, ZULKOSKY, SNYDER
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(H) HSS RPT CS(HSS) NEW TITLE 4DP 2DNP 1NR
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(H) Minutes (HHSS)
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(H) Moved CSHB 76(HSS) Out of Committee
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(H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106
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(H) Minutes (HHSS)
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(H) Minutes (HHSS)
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(H) Heard & Held
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(H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106
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(H) Minutes (HHSS)
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(H) Heard & Held
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(H) HEALTH & SOCIAL SERVICES at 03:00 PM BY TELECONFERENCE
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(H) HSS REFERRAL ADDED BEFORE FIN
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(H) -- MEETING CANCELED --
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(H) FINANCE at 01:30 PM ADAMS 519
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(H) HSS REFERRAL REMOVED
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(H) GOVERNOR'S TRANSMITTAL LETTER
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(H) FN4: INDETERMINATE(MVA)
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(H) FN3: ZERO(DPS)
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(H) FN2: ZERO(DHS)
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(H) FN1: ZERO(CED)
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(H) HSS, FIN
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(H) READ THE FIRST TIME - REFERRALS
Sponsors
- HOUSE RULES BY REQUEST OF THE GOVERNOR · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 64 not signed on
Sponsors (1)
- HOUSE RULES BY REQUEST OF THE GOVERNOR
Co-sponsors (0)
None.
Not signed on (64)
64 members have not signed on to this bill.
Show all 64 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 76?
- HB 76 is sponsored by HOUSE RULES BY REQUEST OF THE GOVERNOR.
- What is the current status of HB 76?
- This bill has been enacted into law. Introduced February 18, 2021. Enacted.
- Where can I track HB 76?
- Track HB 76 free on One Click Politics — get push/email alerts when it moves.
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