Legislature(1995 - 1996)

1996-03-20 House Journal

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1996-03-20                     House Journal                      Page 3221
HB 311                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 311                                                            
An Act repealing the limitation on the hours a person may be                  
employed in a mine; and making a related technical amendment to                
avoid changing the penalties for failing to make payments into an              
employee benefit fund.                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) NT 3NR 1AM                                      3020         
	2 ZERO FISCAL NOTES (DNR, LABOR)                                 3020         
	JUD RPT  CS(JUD) NT 5DP 1AM                                      3144         
	2 ZERO FISCAL NOTES (DNR, LABOR) 3/8/96                          3144         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 311(JUD)                                                
An Act relating to the hours a person may be employed in a                    
mine; and requiring that workers be paid for certain time worked               
in a mine.                                                                     
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Sanders:                         
                                                                               
Page 1, line 4 through page 2, line 17:                                        
                                                                               

1996-03-20                     House Journal                      Page 3222
HB 311                                                                       
Delete all material and insert the following:                                 
                                                                               
   * Section 1.  AS23.10.410(a) is amended to read:                          
	(a)  Except as provided in (d) of this section, a ªAß person             
may not be employed in an underground coal mine, underground                   
lode mine, underground placer mine, underground coal, lode, or                 
placer workings, or other underground mine, or workings for more               
than eight hours in 24 hours, except on a day when a change of                 
shift is made, excluding, however, an intermission of time for                 
meals, or otherwise going to or from the place where the work is               
actually carried on, whether in going on or off shift, or in going             
to or returning from meals.                                                    
   * Sec. 2.   AS23.10.410 is amended by adding new subsections to           
read:                                                                          
	(d)  On application from an employer, the commissioner may                   
grant a variance that permits employment in an underground mine                
or workings for more than eight but not more than 10 hours in a                
24-hour period if the commissioner finds that                                  
		(1)  the additional working time is permitted under the                     
terms of a collective bargaining agreement entered into by a                   
bargaining organization that represents workers performing the                 
work covered by the variance; or                                               
		(2)  the extension is in the best interest of resident                      
workers of the state.                                                          
	(e)  The department shall issue orders and adopt regulations                 
necessary to carry out this section.                                           
                                                                               
Representative Sanders moved and asked unanimous consent that                  
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                             
                                                                               
                                                                               

1996-03-20                     House Journal                      Page 3223
HB 311                                                                       
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia,             
Robinson, Sanders, Williams, Willis                                            
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Martin, Moses, Ogan, Parnell, Phillips, Porter,         
Rokeberg, Therriault, Toohey, Vezey                                            
                                                                               
Excused:  Mulder                                                               
                                                                               
Green changed from "Yea" to "Nay".                                             
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Bunde placed a call of the House and lifted the call.           
                                                                               
Amendment No. 2 was not offered.                                               
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB311(JUD) be considered engrossed,  advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 311(JUD) was read the third time.                                         
                                                                               
                                                                               
Representative Bunde placed  a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  Shall CSHB 311(JUD) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 311(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  31   NAYS:  8   EXCUSED:  1   ABSENT:  0                              

1996-03-20                     House Journal                      Page 3224
HB 311                                                                       
                                                                               
Yeas:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green,              
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie,                
Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams                                                                       
                                                                               
Nays:  Brice, Brown, Davies, Elton, Finkelstein, Kubina, Long, Willis          
                                                                               
Excused:  Mulder                                                               
                                                                               
And so, CSHB 311(JUD) passed the House.                                        
                                                                               
                                                                               
Representative Navarre gave notice of reconsideration of his vote on           
CSHB 311(JUD).