Legislature(1995 - 1996)

1996-04-17 Senate Journal

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1996-04-17                     Senate Journal                      Page 3344
HB 311                                                                       
Senator Duncan requested that the reconsideration on 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 be taken up at this time.                                       

1996-04-17                     Senate Journal                      Page 3345
HB 311                                                                       
CS FOR HOUSE BILL NO. 311(JUD) am S was before the Senate                      
on reconsideration.                                                            
                                                                               
Senator Duncan moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 4.               
Senator Halford objected, then withdrew his objection.  There being            
no further objections, the bill was returned to second reading.                
                                                                               
Senator Duncan offered Amendment No. 4 :                                        
                                                                               
Delete AS 23.10.410(f) - (g):                                                  
Insert new subsections to AS 23.10.410 to read:                                
	"(f)  The department may revoke a variance granted under                      
(d) of this section or 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;                            
		(2)  the employer has not abated the hazard causing                          
the violation after receiving notice from the commissioner and an              
opportunity to cure the problem;                                               
		(3)  the reduction of hours of work is necessary to                          
protect the health and safety of the miners; and                               
		(4)  the reduction of hours of work is in the best                           
interest of the resident workers of the state.                                 
	(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 reinstate the               
variance or remove the reduction of hours, as appropriate, within 30           
days after receiving the notice from the employer if the department            
finds that the hazard has been abated."                                        
                                                                               
Following sec. 2 of CSHB 311(JUD) am S, insert a new bill section              
to read:                                                                       
   "* Sec. 3.   The provisions of this Act are severable under AS            
01.10.030."                                                                    
                                                                               
Renumber the following bill section.                                           
                                                                               
                                                                               

1996-04-17                     Senate Journal                      Page 3346
HB 311                                                                       
Senator Duncan moved for the adoption of Amendment No. 4.                      
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 311(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Hoffman, Kelly,                    
Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Zharoff               
                                                                               
Nays:  Green, Halford, Rieger, Torgerson                                       
                                                                               
Excused:  Taylor                                                               
                                                                               
and so, Amendment No. 4 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) am S was automatically in                       
third reading.                                                                 
                                                                               
The question to be reconsidered: 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 - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly,                   
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Torgerson, Zharoff                                                             
                                                                               
Nays:  Donley, Ellis                                                           
                                                                               
Excused:  Taylor                                                               
                                                                               
                                                                               

1996-04-17                     Senate Journal                      Page 3347
HB 311                                                                       
and so, CS FOR HOUSE BILL NO. 311(JUD) am S passed the                         
Senate on reconsideration.                                                     
                                                                               
Senator Halford moved and asked unanimous consent that the vote                
on the passage of the bill be considered the vote on the effective             
date clause.  Without objection, it was so ordered and the bill was            
referred to the Secretary for engrossment.