Governor Issues New Public Health Disaster Emergency Declaration for COVID-19Governor asked to Convene Legislature to Address Disaster DeclarationPosted & Edited by MARY KAUFFMAN
November 09, 2020
Dunleavy’s initial March 11, 2020 disaster declaration was issued in response to the imminent threat of an outbreak of COVID-19 in Alaska, and expires in less than 10 days. The COVID-19 outbreak has not abated, nor is Alaska in a position to declare that a public health emergency does not exist. Recent conversations with legislators, health professionals, and business leaders confirm a broad consensus that it is in the state’s best interest to ensure we have an emergency declaration in place beyond November 15.
“This new disaster declaration is based upon the determination of moving from the threat of a pandemic to an actual pandemic. Given the tools the declaration will provide to the state, boroughs, and municipalities, as well as our health professionals and medical facilities, this declaration will continue to provide certainty to Alaskans during this pandemic,” said Governor Mike Dunleavy. Dunleavy said, “The Legislature has indicated they do not currently have the support of their members to call themselves into a special session. If the Legislature chooses to convene to address this new order, my administration is ready to assist in developing long-term solutions to manage this emergency and protect the public safety and health of Alaskans.” House Speaker Bryce Edgmon (I-Dillingham) said in a prepared statement Friday, “Today, we made clear to the governor that we are committed to do whatever it takes, including holding a special session on the sole issue of the disaster declaration, to give our healthcare workers on the frontline the tools to fight the pandemic without bureaucratic restraints." Edgmon said, "However, the path the governor has chosen is fraught with risks, including opening the 30-day Declaration of Public Health Disaster Emergency to legal challenges that could remove the emergency powers the Legislature granted to Alaska’s healthcare providers. We will continue to work with his administration to find a legal solution to resolve this as quickly as possible." Senate President Cathy Giessel (R-Anchorage) released a prepared statement after Governor Mike Dunleavy announced that he is issuing a new 30-day Declaration of Public Health Disaster Emergency. Giessel said, “Our continued public health response to the virus should be smart, secure, and protect Alaskans. As infection rates and deaths increase, Alaskans are looking for clear leadership and the preservation of important public health measures to support a robust response. Funding to our healthcare infrastructure and personnel must be readily available." “The governor has the power to call the legislature into session and provide a bill narrowly tailored to address the needs of Alaskans. With his leadership, the legislature can quickly deliver legislation to his desk before the November 15 deadline – extending it beyond 30 days, if necessary, said Giessel. Giessel said, “It’s concerning to me that the governor has chosen this far more arbitrary and tenuous course of action. His choice places Alaska communities, healthcare providers, businesses, and citizens in an unstable, unpredictable position. If the action is challenged in court, our state security and stability become on trial and in jeopardy. The option was available to do this right, and I urge the governor to reconsider his course of action.” Governor Dunleavy's extension of the state’s Public Health Disaster Declaration for COVID-19 that is set to expire on November 15, 2020 comes after multiple attempts by legislative leadership, and most recently by the Alaska Senate Democrats, to work together and extend the declaration legally through a special session. Last Wednesday, November 4, the Senate Democrats outlined their desire to return to Juneau and handle this matter appropriately and legally. A nonpartisan legislative legal opinion accompanied the correspondence outlining the Governor does not have the legal authority to extend a disaster declaration without the legislature. Senate Democratic Leader Tom Begich(D-Anchorage) also issued a prepared statement saying, “The Governor has clearly identified all of our growing concerns over the COVID-19 pandemic. We all recognize that this pandemic requires immediate action, but that action must follow the law. After personally reaching out to the Governor to encourage him to work with the legislature, he has chosen a path that creates legal ambiguity. To rectify this situation, the Governor need only to call the legislature into special session with a narrow scope to extend the disaster declaration." Begich said, "I am asking the Governor to reconsider his decision in this matter, and c all the legislature back into special session in Juneau so we can do this right." åAdam Crum, commissioner of the Alaska Department of Health and Social Services said, "I want to thank Governor Dunleavy for taking this step to make sure we have the resources in place to continue our efforts to mitigate COVID-19 in Alaska.” Crum said, “The disaster declaration allows the governor to waive or suspend regulations, many of which have been used to access Federal flexibilities in the delivery of healthcare across the state, but also in how we care for and provide services to our most vulnerable populations in congregate settings and assisted living facilities. With this new disaster declaration, we will be able to continue our work supporting Alaskans at all levels as this response continues.” “As the nature of this disease expands, we are here to support Governor Dunleavy and our DHSS partners,” said Maj. Gen. Torrence Saxe, commissioner of the Alaska Department of Military and Veterans Affairs. “We will continue to work in unified command and respond to our communities as needed. Uniformed members of the Alaska Organized Militia, including the Alaska National Guard, are prepared to respond to the needs of our communities and DHSS as requested.” Quoting the governor's news release, much has been learned about this pandemic since February 2020. As a result, this declaration will be targeted for a specific 30-day period. The governor's declaration keeps in place the unified command structure between the Department of Health and Social Services, Department of Military and Veterans Affairs, and the Department of Public Safety, and allows other state departments to utilize all capabilities to continue to take steps to mitigate the impacts of the COVID-19 pandemic. The unified command will continue to support local jurisdictions and the statewide public healthcare system throughout this disaster.
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