03/15/1999 03:15 PM House L&C

                                                                                                                                
HB 123 - EXEMPT VOL. SKI PATROL FROM MINIMUM WAGE                                                                               
                                                                                                                                
Number 0053                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's first order of business                                                             
is HB 123, "An Act exempting individuals who provide ski patrol                                                                 
services on a voluntary basis from the requirement for payment of                                                               
minimum wage and overtime compensation; and providing for an                                                                    
effective date."  He noted the existence of a new committee                                                                     
substitute (CS), Version H, labeled 1-LS0577\H, Cramer, 3/11/99.                                                                
The chairman stated this version comes to the committee courtesy of                                                             
the Department of Labor and he invited Mr. Perkins forward.                                                                     
                                                                                                                                
Number 0101                                                                                                                     
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Department of Labor, came                                                                  
forward.  He noted the committee's previous discussion of HB 123                                                                
[March 10, 1999] and mentioned his further discussion with Mr. Carr                                                             
of the Department of Labor's Wage and Hour section in Anchorage.                                                                
Mr. Perkins indicated the department is in favor of exempting                                                                   
volunteer ski patrollers from potential liability regarding wage                                                                
and overtime hour laws, in light of the great service they perform                                                              
and the desire expressed for this exemption by the ski patrollers                                                               
and the committee.  The department thinks an appropriate fit is in                                                              
subsection (16) [AS 23.10.055(16)] concerning emergency medical                                                                 
services, rather than as an additional subsection (17).  The                                                                    
department would encourage the committee to accept this and move                                                                
forward.  Section 2 of Version H reads:                                                                                         
                                                                                                                                
     * Sec. 2.  AS 23.10.055(16) is amended to read:                                                                            
          (16) an individual who                                                                                                
               (A) provides emergency medical services only on                                                                  
     a voluntary basis;                                                                                                         
               (B) [OR AN INDIVIDUAL WHO] serves with a                                                                         
     full-time fire department only on a voluntary basis; or                                                                    
               (C) provides ski patrol services on a voluntary                                                                  
     basis.                                                                                                                     
                                                                                                                                
MR. PERKINS commented, in addition, the department has broadened                                                                
the entire issue regarding nonprofits in the language before the                                                                
committee [Section 1, subsection (6)].  He indicated he believes                                                                
Version H both accomplishes the department's goals regarding the                                                                
problem of nonprofits and assists with the ski patrol issue.                                                                    
                                                                                                                                
Number 0211                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG confirmed the language in subsection (6) is                                                                   
unchanged from the previous version [Version G], and the ski                                                                    
patrollers have been added as a new portion rather than as a new                                                                
subsection.  Chairman Rokeberg mentioned he felt particularly proud                                                             
having this bill in hand after events the previous Friday at                                                                    
Alyeska Ski Resort [avalanche, March 12, 1999].  The chairman asked                                                             
if there were further questions or comments, noting he would                                                                    
entertain a motion.                                                                                                             
                                                                                                                                
REPRESENTATIVE HARRIS confirmed from Mr. Perkins that the                                                                       
Department of Labor is in full support of the legislation.                                                                      
                                                                                                                                
Number 0287                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG confirmed Mr. Ross in Anchorage has seen Version                                                              
H of HB 123 and finds it acceptable [Chris Ross, Alaska Division                                                                
Director, National Ski Patrol].  Chairman Rokeberg confirmed Mr.                                                                
Carr in Anchorage [Department of Labor] did not feel the need to                                                                
testify.  Confirming there was no other testimony, the chairman                                                                 
closed the public hearing on HB 123.                                                                                            
                                                                                                                                
Number 0359                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO made a motion to move the proposed CS for HB
 out of committee with the attached zero fiscal note and                                                                     
individual recommendations.  There being objections, CSHB 123(L&C)                                                              
moved out of the House Labor and Commerce Standing Committee.