Legislature(1995 - 1996)

1996-04-16 Senate Journal

Full Journal pdf

1996-04-16                     Senate Journal                      Page 3307
HB 311                                                                       
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 was read the third time.                
                                                                               
Senator Duncan moved and asked unanimous consent that the bill be              
returned to second reading for the purpose of a specific amendment,            
that being Amendment No. 1.  Without objection, the bill was                   
returned to second reading.                                                    
                                                                               
Senator Duncan offered Amendment No. 1 :                                        
                                                                               
Page 1, line 4:                                                                
	Delete "AS 23.10.410"                                                         
	Insert "AS 23.10.410(a)"                                                      
                                                                               
Page 1, lines 5 - 6:                                                           
	Delete "Sec. 23.10.410.  LIMITATION ON PERIOD OF                              
EMPLOYMENT IN UNDERGROUND MINES AND                                            
REQUIREMENT FOR PAY FOR CERTAIN WORK."                                         
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3308
HB 311                                                                       
Page 1, line 8:                                                                
	Delete "10"                                                                   
	Insert "eight"                                                                
                                                                               
Page 1, line 9:                                                                
	Delete "10-hour"                                                              
	Insert "eight-hour"                                                           
                                                                               
Page 2, lines 2 - 17:                                                          
	Delete all material.                                                          
	 Insert a new bill section to read:                                           
   "* 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."                              
                                                                               
Senator Halford rose to a point of order.                                      
                                                                               
President Pearce cautioned members to proceed in order.                        
                                                                               
Senator Duncan moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3309
HB 311                                                                       
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) was automatically in third                      
reading.                                                                       
                                                                               
Senator Duncan moved and asked unanimous consent that the bill be              
returned to second reading for the purpose of a specific amendment,            
that being Amendment No. 2.  Without objection, the bill was                   
returned to second reading.                                                    
                                                                               
Senator Duncan offered Amendment No. 2 :                                        
                                                                               
Page 1, line 4, through page 2, line 17:                                       
	Delete all material and insert:                                               
   "* Section 1.  AS23.10.410(a) is repealed and reenacted to read:          
	(a)  Except as provided in (d) of this section, a                            
miner may not be employed in an underground mine or                            
workings for more than eight hours in 24 hours, except on                      
a day when a change of shift is made.  The eight-hour                          
limitation applies only to work actually performed at the                      
mine face or other place where the work is actually carried                    
on and excludes time for meals, travel to or from the mine                     
site, and travel between the mine portal and the mine face,                    
whether in going on or off shift, or in going to or returning                  
from meals.  However, an employer shall pay wages for the                      
time worked from the time the miner enters the mine at the                     
mine portal, whether or not work is performed at the mine                      
face or other place where the work is actually carried on,                     
until the miner leaves the mine.                                               

1996-04-16                     Senate Journal                      Page 3310
HB 311                                                                       
   * Sec. 2.   AS23.10.410 is amended by adding new subsections              
to read:                                                                       
	(d)  An employer may apply to the commissioner                               
for a variance allowing up to 10 hours of work at the face                     
in an underground mine or workings.  Except as provided in                     
(f) of this section, the employer shall give notice of the                     
application for a variance to employees whose work may be                      
affected by the variance and to the bargaining organization                    
representing those employees, if any.  If requested by an                      
employee or a bargaining organization representing                             
employees, the department shall hold a public hearing                          
concerning the request for a variance.  The department may,                    
on its own motion, determine that a hearing is in the public                   
interest.  The department shall notify the applicant and the                   
applicants employees and their bargaining organization, if                     
any, of the time, date, and place of a public hearing                          
scheduled under this subsection.                                               
	(e)  The commissioner shall issue a variance within                          
90 days after receipt of the application if the commissioner                   
determines, after opportunity for an inspection if appropriate,                
that the applicant has demonstrated by a preponderance of                      
the evidence that the working conditions proposed in the                       
request for a variance support a finding that the extension of                 
working hours is in the best interest of the resident workers                  
of the state.  If the commissioner fails to act within the 90                  
days, the request is considered to be granted.                                 
	(f)  If an employer applies for a variance under this                        
section before the employer has hired any workers in the                       
underground mine or workings, the employer shall give                          
public notice of the application for a variance in a                           
newspaper of statewide circulation and in a newspaper of                       
local circulation in the area where the variance will be                       
implemented.  This notice is in place of the notice required                   
to be given to employees under (d) of this section.                            
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3311
HB 311                                                                       
	(g)  When an employer files an application for a                             
variance under this section, the employer may also request                     
an interim order granting a temporary variance that permits                    
the employer to implement some or all of the terms of the                      
permanent variance immediately until the decision on the                       
permanent variance.  If the department denies the request for                  
an interim order for a temporary variance, the department                      
shall promptly notify the applicant of the decision.  An order                 
of denial must contain a statement of the reasons on which                     
the decision is based.  If the department grants a request for                 
an interim order for a temporary variance, the department                      
shall promptly notify the applicant of the decision.  The                      
employer shall give notice of the order granting the                           
temporary variance to all employees who will be affected by                    
the order.                                                                     
	(h)  When the commissioner grants a permanent                                
variance, the commissioner shall include in the decision a                     
statement of the reasons for the decision.  The department                     
shall publish the statement in a newspaper of statewide                        
circulation and a newspaper of local circulation in the area                   
where the variance will be implemented.  If the statement is                   
longer than is suitable for publication in its entirety, the                   
commissioner may publish a summary of the contents of the                      
statement and notify readers of how to request a complete                      
copy of the statement.                                                         
	(i)  If the commissioner finds that granting the                             
request for a permanent variance is not in the best interest                   
of resident workers, the commissioner shall deny the request                   
and issue a statement of findings supporting the denial.                       
	(j)  A permanent variance issued under this section                          
is not subject to revocation unless the commissioner finds by                  
a preponderance of the evidence that the working conditions                    
in place at the time of the application have substantially                     
changed so that the permanent variance is no longer in the                     
best interest of the resident workers of the state.  If the                    
commissioner revokes a permanent variance under this                           
subsection, the commissioner shall reinstate the permanent                     
variance within 30 days after the date on which the                            
employer establishes to the commissioners satisfaction that                    
the causes for the revocation set out in the written findings                  
revoking the variance have been resolved.                                      

1996-04-16                     Senate Journal                      Page 3312
HB 311                                                                       
	(k)  An applicant whose request for a permanent                              
variance is completely or partially denied or whose                            
permanent variance is revoked under this section may appeal                    
the department's decision to the superior court.                               
	(l)  The department shall issue orders and adopt                             
regulations as necessary to carry out the purposes of this                     
section."                                                                      
                                                                               
Senator Duncan moved for the adoption of Amendment No. 2.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Salo, Zharoff                                                                  
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) was automatically in third                      
reading.                                                                       
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 3.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
Page 1, line 2, after "mine":                                                
	Insert "; and providing for an effective date"                              
                                                                               
Page 1, following line 3:                                                      
	Insert a new bill section to read:                                            

1996-04-16                     Senate Journal                      Page 3313
HB 311                                                                       
   "* Section 1.  FINDINGS AND INTENT.  The legislature finds                
that                                                                           
		(1)  mining is an important industry in this state and                       
has created many jobs and economic opportunities for the state;                
		(2)  it is in the state's best interest to encourage                         
mining development, consistent with good management practices to               
protect the health and safety of workers;                                      
		(3)  providing an extension of allowable working                             
hours for miners could encourage the development of mining that                
might not otherwise be economically viable; and                                
		(4)  the development of mining through the                                   
provisions of this Act should provide more job opportunities for               
Alaskans, especially in the area where the mine is located.                    
	(b)  It is the intent of this Act to encourage the development                
of mines in the state and to encourage the mining industry to train            
and hire qualified state residents for these expanded opportunities to         
the maximum extent possible."                                                  
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1"                                                          
	Insert "Sec. 2"                                                             
                                                                               
Page 1, line 7:                                                                
	Delete "(d)"                                                                  
	Insert "(d) - (f)"                                                            
                                                                               
Page 2, line 5, following the period:                                          
	Insert "The department may issue orders and adopt                             
regulations as necessary to carry out the purposes of this section."           
                                                                               
Page 2, following line 12:                                                     
	Insert new subsections to read:                                               
	"(e)  If an employer intends to employ a miner for                           
more than eight hours in 24 hours under (a) of this section,                   
the employer shall notify the department.                                      
	(f)  The department may reduce the 10-hour                                   
limitation on hours of work set in (a) of this section to eight                
hours if the department finds that                                             
		(1)  a significant violation of state or federal                            
law has occurred at the mine relating to health and safety;                    
                                                                               

1996-04-16                     Senate Journal                      Page 3314
HB 311                                                                       
		(2) the employer has not abated the hazard                                  
causing the violation after receiving notice from the                          
commissioner and an opportunity to cure the problem; and                       
		(3)  the reduction of the 10-hour limitation                                
on hours of work is necessary to protect the health and                        
safety of the miners.                                                          
	(g)  An employer that has abated a hazard that was                           
the cause of a violation described in (f)(1) of this section                   
may notify the department of the abatement.  The                               
department shall remove the reduction of hours within 30                       
days after receiving the notice from the employer if it finds                  
that the hazard has been abated."                                              
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 2, following line 17:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 3.  This Act takes effect immediately under                       
AS01.10.070(c)."                                                               
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Senator Duncan objected.                                                       
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Salo, Zharoff                                                                  
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) am S was automatically in                       
third reading.                                                                 

1996-04-16                     Senate Journal                      Page 3315
HB 311                                                                       
The question being: Shall CS FOR HOUSE BILL NO. 311(JUD)                       
am S 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; and providing for an effective date pass the Senate?                
The roll was taken with the following result:                                  
                                                                               
CSHB 311(JUD) am S                                                             
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Salo, Sharp, Taylor, Torgerson                                         
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Zharoff                                                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 311(JUD) am S passed the                         
Senate.                                                                        
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
The question being:  Shall the effective date clause be adopted?               
The roll was taken with the following result:                                  
                                                                               
CSHB 311(JUD) am S                                                             
Effective Date Vote                                                            
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Pearce gave notice of reconsideration.