Lawmakers didn’t organize fast enough to extend the state’s disaster declaration by law and Gov. Mike Dunleavy is refusing to issue another 30-day order, leaving health officials worried about their ability to respond to the pandemic.<\/p>\n
The state’s emergency declaration over the COVID-19 pandemic is expected to expire at midnight Monday after a prolonged failure by members of the House of Representatives to organize and a refusal by Dunleavy to extend the declaration now that the Legislature is in session. A declaration has been in place since March 11, 2020, and the state’s health experts say it’s what’s allowed the state to respond effectively to the pandemic.<\/p>\n
Dunleavy has already extended the declaration twice but a governor can only extend the order by 30 days. Some lawmakers, even ones who support extending the order, have questioned the legality of those actions.<\/p>\n
“In the absence of a declaration, my administration is fully prepared to manage the rollout and distribution of the vaccine to ensure anyone that wants a vaccination will be able to get one,” Dunleavy said Friday in a statement. “We will also continue to respond to COVID-19 as we begin the process of getting back to normal as soon as possible by focusing on the economy and assisting Alaskans in staying healthy. As we move forward, we will notify Alaska and stakeholders of our plans.”<\/p>\n
After a lengthy debate on the Senate floor Friday, lawmakers in that body voted to support a resolution urging the governor to issue another 30-day disaster declaration. The governor said in a Feb. 10, news conference now that the Legislature is back in session, declaring an emergency is up to lawmakers.<\/p>\n
But the deadlock in the House means that even if the representatives had organized committees on Friday, there was still not enough time to pass a bill containing a declaration before the expiration on Feb. 15.<\/p>\n
[Deadlock ends, state House selects a speaker<\/a>]<\/ins><\/p>\n “There is simply not enough time for (the House) to act. We don’t have time to pass a bill, and we are not in a strong position legally,” said Sen. Gary Stevens, R-Kodiak, during Friday’s floor session. “We can offer the governor our help in trying times. This may not be the preferred action, but this is the best we can do.”<\/p>\n Sen. Jesse Kiehl, D-Juneau, said the governor had the chance to call the Legislature back to special session to extend the emergency and didn’t. He added that while the resolution was well-intentioned, it was asking Dunleavy to break the law. The leadership of the previous Legislature sent a letter<\/a> to the governor in November urging him to call a special session, citing the lack of votes in the body itself.<\/p>\n “The Legislature has given the governor tremendous powers (during the pandemic),” Kiehl said. “To ask a governor to use them again in a way that violates the law, does harm to the institution of the Legislature.”<\/p>\n The Senate ultimately passed the resolution, with two amendments submitted by Sen. Lora Reinbold, R-Eagle River. Reinbold’s amendments weren’t directly about the disaster declaration but had to do with the COVID-19 vaccine.<\/p>\n One required medical providers to provide informed consent before receiving the injection, and a right to decline the injection. Both passed without objection but Kiehl pointed out that both were already covered by Alaska law.<\/p>\n