Alaska 32nd Legislature (2021-2022) Status: Enacted

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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2021. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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 removed

Plain-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.

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32-GH1011\A HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
76 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
SCS CSHB 76(FIN) am S _______ 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;
2/18/21 Referred:
approving 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;
and meetings of shareholders;
school operating funds;
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
workers' compensation;
* Section 1.
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.
_______________ 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- HB 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A (1) in December 2019, a novel coronavirus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) was first detected in Wuhan, Hubei province, People's Republic of China, leading to outbreaks of novel coronavirus disease (COVID-19) that have now spread globally;
(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;
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(2) on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency under 42 U.S.C.
(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;
247d (Public Health Service Act);
(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;
(3) to date, 50 states have confirmed cases of COVID-19, including confirmation of community transmission of COVID-19;
(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 hardworking employees;
(4) on March 11, 2020, the commissioner of health and social services certified to the governor that there was a high probability that COVID-19 presents a credible threat of an imminent outbreak of the disease in the state, meeting the definition of disaster under AS 26.23.900(2)(E);
(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;
(5) 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;
(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;
(6) in the disaster declaration issued March 11, 2020, the governor found that a statewide response under AS 18.15.390 was required to address the public health disaster emergency and authorized the commissioner of health and social services and the adjutant general of military and veterans' affairs to take all actions necessary to address the public health disaster emergency;
(7) as a result of voluntary and government-imposed reductions of economic activity, (A) the state lost 29,000 jobs between October 2019 and October 2020;
(7) on March 12, 2020, the Department of Health and Social Services and the governor announced that the first case of COVID-19 was diagnosed in an individual in Anchorage;
(B) many businesses in the statehave temporarily or permanently closed;
(8) from March 12, 2020, to present, cases of COVID-19 continue to be diagnosed across the state;
(C) at least 45,000 students in the Anchorage School District have been denied in-person education for a significant period during the pandemic;
(9) on April 9, 2020, President Donald J.
(8) the shift from in-person learning to 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 approved a major disaster declaration for the state to aid in COVID-19 recovery efforts;
(9) the shift from in-person learning to distance learning has been associated with increased instances of child abuse and food insecurity;
(10) on November 16, 2020, the governor issued a declaration of a public health disaster emergency under AS 26.23.020 in response to the ongoing statewide COVID- 19 outbreak;
(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;
HB 76 -2- HB0076a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A (11) on December 11, 2020, the Food and Drug Administration issued an Emergency Use Authorization (EUA) to begin an immediate nationwide distribution of a COVID-19 vaccine;
(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;
(12) on December 16, 2020, the governor issued a declaration of a public health disaster emergency under AS 26.23.020 in response to the ongoing statewide COVID- 19 outbreak, and the necessity of facilitating the receipt and statewide distribution of the COVID-19 vaccine;
and (12) because of the diligent efforts of the state, Alaska has the highest vaccination rate of all 50 states.
(13) on January 12, 2021, the commissioner of health and social services certified, in accordance with AS 26.23.900(2)(E), that an outbreak of COVID-19 is occurring in Alaska because of widespread community transmission;
(b) Based on the findings in (a) of this section, the legislature finds that it is in the best interest of the state to (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;
(14) a statewide response under AS 18.15.390, coordinated by the Department of Health and Social Services, is needed to fully address this disaster of public health and aid in vaccine distribution;
(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;
(15) the Department of Health and Social Service's chief medical officer and the commissioner of health and social services have determined that it will take months of monitoring and active public health management, including statewide vaccine distribution, to contain the spread COVID-19;
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 December 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.
EXTENSION OF DISASTER EMERGENCY.
APPROVAL, RATIFICATION, AND EXTENSION OF DISASTER EMERGENCY.
(a) Under AS 26.23.020(c), the Alaska State Legislature extends to September 30, 2021, the declaration of a public health disaster emergency issued by the HB0076a -3- HB 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A governor on January 15, 2021.
(a) The declarations of a public health disaster emergency issued by the governor on November 15, 2020, December 15, 2020, and January 15, 2021, are approved and ratified.
The extension under this subsection includes an order, proclamation, or regulation issued under AS 26.23.020 and an action taken by the Department of Health and Social Services under the authority granted to the Department of Health and Social Services under AS 18.15.390.
(b) Under AS 26.23.020(c), the Alaska State Legislature extends to December 31, 2021, the declaration of a public health disaster emergency issued by the governor on January 15, 2021.
(b) Notwithstanding (a) 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.
The extension under this subsection includes an order, proclamation, or regulation issued under AS 26.23.020 and an action taken by the Department of Health and -3- Enrolled HB 76 Social Services under the authority granted to the Department of Health and Social Services under 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) The governor shall submit a proclamation issued under (b) of this section to the revisor of statutes, the president of the senate, the speaker of the house of representatives, and the lieutenant governor.
(d) The governor shall submit a proclamation issued under (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:
(3) the authorization made in sec.
-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, 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;
8, SLA 2020, Department of Health and Social Services, (A) of federal receipts received during the fiscal year ending June 30, 2021, for Medicaid services;
38, ch.
38(c), ch.
8 SLA 2020, of excess federal receipts received during the fiscal years ending June 30, 2021;
8, SLA 2020, of excess federal receipts received during the fiscal year ending June 30, 2021;
32, SLA 2020, for expenditure of federal CARES Act receipts;
32, SLA 2020, for expenditure of federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) receipts;
(8) federal receipts received by any state agency for purposes of mitigating the public health disaster emergency subject to use of the process proscribed in AS 26.23.020(k)(2) if the legislature is not in session and, if the legislature is in session, subject to a request to include the federal receipts in an existing appropriation bill;
(8) any future appropriations made for the fiscal years ending June 30, 2021, and June 30, 2022, for the cost of responding to and mitigating the risk of the COVID-19 outbreak.
(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 March 1, 2021, the Office of Management and Budget shall electronically submit, on the first day of the month, a report to the Legislative Finance Division that lists the total expenditures incurred by the state in its response to the public health disaster emergency including mitigating, preventing, and controlling the novel coronavirus disease (COVID-19).
Beginning May 1, 2021, the office of management and budget shall Enrolled HB 76 -6- electronically submit, on the first day of the month, a report to the legislative finance division that lists the total expenditures incurred by the state in its response to the public health disaster emergency, including mitigating, preventing, and controlling novel coronavirus disease (COVID-19).
The report should include cumulative expenses incurred by category beginning March 11, 2020, the date the governor issued his initial declaration of a public health disaster emergency and should reflect changes over the last monthly reporting period.
The report should include cumulative expenses incurred by category, beginning March 11, 2020, the date the governor issued the initial declaration of a public health disaster emergency, and should reflect changes over the last monthly reporting period.
The Office of Management and Budget shall submit a final report not later than HB0076a -5- HB 76 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1011\A November 30, 2021, or 60 days after the date the governor determines, under sec.
The office of management and budget shall submit a final report not later than January 31, 2022, 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) September 30, 2021;
a license expedited under this section expires on the earlier of (A) December 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 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.
(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 provider's authorized scope of practice in the jurisdiction that issued the provider's license, permit, or certification;
(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;
(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.
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 ordinars 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.
(b) The amount charged by a health care provider for services provided under this section must be reasonable and consistent with the ordinary fees typically charged for that service and may not be more than the ordinary fees typically charged for that service.
(d) In this section, "health care provider" has the meaning given in AS 18.15.395.
(d) In this section, "health care provider" has the meaning given in AS 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 duration of the novel coronavirus disease (COVID-19) public health disaster emergency declared by the governor under AS 26.23.020 on January 15, 2021, as extended by sec.
(a) Notwithstanding any other provision of law, the Department of Revenue may permit online charitable gaming ticket sales specified in (b) of this section to benefit charities in the state.
2 of this Act, the Department of Revenue may permit online charitable gaming ticket sales specified in (b) of this section so that proceeds from these contests may benefit charities in the state.
(b) Notwithstanding AS 05.15.640, a permittee, operator, or multiple-beneficiary permittee may sell tickets online for a raffle or lottery, dog mushers' contest, derby, or type of classic defined in AS 05.15.690.
(b) Notwithstanding AS 05.15.640, permittees, operators, or multiple-beneficiary permittees may sell tickets online for a raffle or lottery, dog mushers’ contest, derby, or type of classic defined in AS 05.15.690.
A permittee, operator, or holder of a multiple-beneficiary permit conducting a raffle or lottery, dog mushers' contest, derby, or type of classic defined in AS 05.15.690 may draw winning tickets online or by other electronic or digital means.
Permittees may draw winning tickets online.
(c) The Department of Revenue shall establish standards for online ticket sales to ensure compliance with charitable gaming laws, including age and location verification requirements.
(c) A ticket seller may not sell a ticket online unless and until the seller verifies that, at the time of sale, the purchaser is (1) of legal purchasing age;
-9- Enrolled HB 76 (d) A purchaser shall, at the time of an online ticket sale, certify that the purchaser is of legal purchasing age and is not physically present in an area that has adopted a local option prohibiting charitable gaming.
(2) physically present in Alaska;
(e) A permittee, operator, or holder of a multiple-beneficiary permit conducting a charitable gaming activity under this section shall conduct the charitable gaming activity in 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) September 30, 2021;
10, SLA 2020, are repealed on the earlier of (1) December 31, 2021;
12.
20.
Sections 1 - 3 and 5 - 9 of this Act are repealed on the earlier of (1) September 30, 2021;
The uncodified law of the State of Alaska is amended by adding a new section to read:
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.
RETROACTIVITY.
Enrolled HB 76 -14- RETROACTIVITY.
If this Act takes effect after February 14, 2021, this Act is retroactive to February 14, 2021.
(a) Sections 1, 2(b) - (d), 3 - 10, 12, 13, and 16 - 21 of this Act are 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 76 -10- HB0076a New Text Underlined [DELETED TEXT BRACKETED]
-15- Enrolled HB 76
View plain text versions (7)

Action History

  1. (H) EED ANNUAL RPT - DIST. FORCASTED UNRESERVED FUND BALANCES

  2. (H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

  3. (H) Signed into law 4/30 CHAPTER 2 SLA 21

  4. (H) MANIFEST ERROR(S)

  5. (H) 5:10 P.M. 4/29/21 Transmitted to Governor

  6. (H) EFFECTIVE DATE(S) ADOPTED Y35 N5

  7. (H) CONCUR AM OF (S) Y25 N15

  8. (H) CONCUR TAKEN UP UC

  9. (H) CONCUR READ AND HELD

  10. (S) VERSION: SCS CSHB 76(FIN) AM S

  11. (S) TRANSMITTED TO (H) AS AMENDED

  12. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  13. (S) PASSED ON RECONSIDERATION Y14 N6

  14. (S) RECON TAKEN UP SAME DAY UC

  15. (S) HUGHES NOTICE OF RECONSIDERATION

  16. (S) EFFECTIVE DATE(S) ADOPTED Y19 N1

  17. (S) PASSED Y13 N7

  18. (S) AUTOMATICALLY IN THIRD READING

  19. (S) AM NO 37 FAILED Y1 N19

  20. (S) AM TO AM 37 FAILED Y9 N11

  21. (S) AM NO 31 AS AMENDED WITHDRAWN

  22. (S) UPDATED AM TO AM NO 31 ADOPTED Y10 N9 A1

  23. (S) AM TO AM NO 31 OFFERED AND WITHDRAWN

  24. (S) UPDATED AM NO 21 OFFERED AND FAILED Y8 N12

  25. (S) AM NO 21 WITHDRAWN

  26. (S) UPDATED AM NO 16 WITHDRAWN

  27. (S) AM NO 41 ADOPTED Y17 N3

  28. (S) AM NO 40 ADOPTED UC

  29. (S) AM NO 39 FAILED Y4 N16

  30. (S) AM NO 38 FAILED Y3 N17

  31. (S) AM NO 37 OFFERED AND MOVED TO BOTTOM

  32. (S) AM NO 36 OFFERED AND WITHDRAWN

  33. (S) AM NO 35 FAILED Y2 N18

  34. (S) AM NO 34 FAILED Y3 N17

  35. (S) AM NO 33 FAILED Y5 N15

  36. (S) AM NO 32 FAILED Y7 N13

  37. (S) AM NO 31 OFFERED AND MOVED TO BOTTOM

  38. (S) AM NO 30 FAILED Y4 N16

  39. (S) ...CHANGES TITLE OF LEGISLATION

  40. (S) AM NO 29 ADOPTED Y12 N8

  41. (S) AM NO 28 FAILED Y2 N18

  42. (S) AM NO 27 FAILED Y1 N19

  43. (S) AM NO 26 NOT OFFERED

  44. (S) AM NO 25 NOT OFFERED

  45. (S) AM NO 24 NOT OFFERED

  46. (S) AM NO 23 NOT OFFERED

  47. (S) AM NO 22 NOT OFFERED

  48. (S) UPDATED AM NO 16 OFFERED AND MOVED TO BOTTOM

  49. (S) AM NO 16 WITHDRAWN

  50. (S) AM NO 21 OFFERED AND MOVED TO BOTTOM

  51. (S) AM NO 20 FAILED Y5 N15

  52. (S) AM NO 19 NOT OFFERED

  53. (S) AM NO 18 FAILED Y9 N11

  54. (S) AM NO 17 FAILED Y6 F14

  55. (S) AM NO 16 OFFERED AND MOVED TO BOTTOM

  56. (S) AM NO 15 FAILED Y5 N15

  57. (S) AM NO 14 NOT OFFERED

  58. (S) UPDATED AM 6 OFFERED AND ADOPTED UC

  59. (S) AM NO 6 WITHDRAWN

  60. (S) AM NO 13 FAILED Y5 N15

  61. (S) AM NO 12 FAILED Y6 N14

  62. (S) AM NO 11 FAILED Y9 N11

  63. (S) AM NO 10 OFFERED AND WITHDRAWN

  64. (S) AM NO 9 ADOPTED Y20 N-

  65. (S) AM NO 8 FAILED Y6 N14

  66. (S) AM NO 7 ADOPTED Y19 N1

  67. (S) AM NO 6 OFFERED AND MOVED TO BOTTOM

  68. (S) AM NO 5 FAILED Y7 N13

  69. (S) AM NO 4 OFFERED AND WITHDRAWN

  70. (S) AM NO 3 AS AMENDED ADOPTED UC

  71. (S) AM TO AM 3 ADOPTED UC

  72. (S) AM NO 3 OFFERED

  73. (S) AM NO 2 NOT OFFERED

  74. (S) AM NO 1 ADOPTED UC

  75. (S) RETURN TO SECOND FOR AMS UC

  76. (S) READ THE THIRD TIME SCS CSHB 76(FIN)

  77. (S) ADVANCED TO THIRD READING 4/28 CALENDAR

  78. (S) FIN SCS ADOPTED Y12 N7 E1

  79. (S) READ THE SECOND TIME

  80. (S) RULES TO CALENDAR 4/26/2021

  81. (S) Minutes (SFIN)

  82. (S) Moved SCS CSHB 76(FIN) Out of Committee

  83. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  84. (S) FN5: INDETERMINATE(REV)

  85. (S) FN4: INDETERMINATE(MVA)

  86. (S) FN3: ZERO(DPS)

  87. (S) FN2: ZERO(DHS)

  88. (S) FN1: ZERO(CED)

  89. (S) AM: WILSON, WIELECHOWSKI, OLSON

  90. (S) DP: BISHOP, STEDMAN, HOFFMAN

  91. (S) TITLE CHANGE: SCR 5

  92. (S) FIN RPT SCS 3DP 3AM NEW TITLE

  93. (S) Minutes (SFIN)

  94. (S) Heard & Held -- Delayed to a Call of the Chair --

  95. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  96. (S) Minutes (SFIN)

  97. (S) Heard & Held

  98. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  99. (S) Minutes (SFIN)

  100. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  101. (S) Minutes (SFIN)

  102. (S) Heard & Held

  103. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  104. (S) Minutes (SFIN)

  105. (S) Heard & Held

  106. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  107. (S) FIN

  108. (S) READ THE FIRST TIME - REFERRALS

  109. (H) VERSION: CSHB 76(FIN) AM

  110. (H) TRANSMITTED TO (S)

  111. (H) ENGROSSED

  112. (H) EFFECTIVE DATE(S) ADOPTED Y36 E3 A1

  113. (H) PASSED Y22 N15 E3

  114. (H) READ THE THIRD TIME CSHB 76(FIN) AM

  115. (H) ADVANCED TO THIRD READING 3/26 CALENDAR

  116. (H) AM NO 12 FAILED Y18 N21 E1

  117. (H) AM NO 11 ADOPTED Y21 N18 E1

  118. (H) AM NO 10 FAILED Y17 N22 E1

  119. (H) AM NO 9 FAILED Y19 N20 E1

  120. (H) AM NO 8 FAILED Y18 N21 E1

  121. (H) AM NO 7 FAILED Y16 N23 E1

  122. (H) AM NO 6 NOT OFFERED

  123. (H) AM NO 5 FAILED Y17 N22 E1

  124. (H) AM NO 4 FAILED Y17 N21 E1 A1

  125. (H) AM NO 3 FAILED Y18 N21 E1

  126. (H) AM NO 2 FAILED Y17 N22 E1

  127. (H) AM NO 1 FAILED Y19 N21

  128. (H) FIN CS ADOPTED UC

  129. (H) READ THE SECOND TIME

  130. (H) RULES TO CALENDAR 3/25/2021

  131. (H) FN5: INDETERMINATE(REV)

  132. (H) FN4: INDETERMINATE(MVA)

  133. (H) FN3: ZERO(DPS)

  134. (H) FN2: ZERO(DHS)

  135. (H) FN1: ZERO(CED)

  136. (H) NR: LEBON, RASMUSSEN, MERRICK

  137. (H) DNP: CARPENTER, THOMPSON, JOHNSON

  138. (H) DP: ORTIZ, EDGMON, WOOL, JOSEPHSON, FOSTER

  139. (H) FIN RPT CS(FIN) NEW TITLE 5DP 3DNP 3NR

  140. (H) Minutes (HFIN)

  141. (H) Moved CSHB 76(FIN) Out of Committee

  142. (H) FINANCE at 01:30 PM ADAMS 519

  143. (H) Minutes (HFIN)

  144. (H) Heard & Held -- Delayed to 2:30 pm --

  145. (H) FINANCE at 02:00 PM ADAMS 519

  146. (H) Minutes (HFIN)

  147. (H) Bill Postponed to 3/19/21 at 2:00 pm -- Recessed to 2:00 pm 3/19/21 --

  148. (H) FINANCE at 01:30 PM ADAMS 519

  149. (H) Minutes (HFIN)

  150. (H) Heard & Held

  151. (H) FINANCE at 01:30 PM ADAMS 519

  152. (H) Minutes (HFIN)

  153. (H) Heard & Held

  154. (H) FINANCE at 01:30 PM ADAMS 519

  155. (H) FN5: INDETERMINATE(REV)

  156. (H) FN4: INDETERMINATE(MVA)

  157. (H) FN3: ZERO(DPS)

  158. (H) FN2: ZERO(DHS)

  159. (H) FN1: ZERO(CED)

  160. (H) NR: PRAX

  161. (H) DNP: KURKA, MCCARTY

  162. (H) DP: FIELDS, SPOHNHOLZ, ZULKOSKY, SNYDER

  163. (H) HSS RPT CS(HSS) NEW TITLE 4DP 2DNP 1NR

  164. (H) Minutes (HHSS)

  165. (H) Moved CSHB 76(HSS) Out of Committee

  166. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  167. (H) Minutes (HHSS)

  168. (H) Minutes (HHSS)

  169. (H) Heard & Held

  170. (H) HEALTH & SOCIAL SERVICES at 03:00 PM DAVIS 106

  171. (H) Minutes (HHSS)

  172. (H) Heard & Held

  173. (H) HEALTH & SOCIAL SERVICES at 03:00 PM BY TELECONFERENCE

  174. (H) HSS REFERRAL ADDED BEFORE FIN

  175. (H) -- MEETING CANCELED --

  176. (H) FINANCE at 01:30 PM ADAMS 519

  177. (H) HSS REFERRAL REMOVED

  178. (H) GOVERNOR'S TRANSMITTAL LETTER

  179. (H) FN4: INDETERMINATE(MVA)

  180. (H) FN3: ZERO(DPS)

  181. (H) FN2: ZERO(DHS)

  182. (H) FN1: ZERO(CED)

  183. (H) HSS, FIN

  184. (H) READ THE FIRST TIME - REFERRALS

Sponsors

  • HOUSE RULES BY REQUEST OF THE GOVERNOR · Primary

Sponsorship breakdown

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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.

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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.
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