Legislature(2017 - 2018)GRUENBERG 120

03/13/2017 01:00 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

Audio Topic
01:44:12 PM Start
01:44:40 PM HB121
01:50:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 20 Minutes Following Recess --
+= HB 121 OCC. HEALTH AND SAFETY CIVIL PENALTIES TELECONFERENCED
Moved HB 121 Out of Committee
-- Public Testimony --
+= HB 42 FORFEITURE & SEIZURE: PROCEDURE; LIMITS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 13, 2017                                                                                         
                           1:44 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Zach Fansler, Vice Chair                                                                                         
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Chuck Kopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Lora Reinbold                                                                                                    
Representative Charisse Millett (alternate)                                                                                     
Representative Louise Stutes (alternate)                                                                                        
                                                                                                                                
OTHER MEMBERS PRESENT                                                                                                         
                                                                                                                                
Representative Sam Kito, III                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 121                                                                                                              
"An Act relating to occupational safety and health enforcement                                                                  
penalties; and providing for an effective date."                                                                                
                                                                                                                                
     - MOVED HB 121 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 42                                                                                                               
"An Act relating  to seizure of property;  relating to forfeiture                                                               
to the state; relating to criminal  law; amending Rules 3, 4, 11,                                                               
12,  16, 32,  32.2,  32.3,  39, 39.1,  and  42,  Alaska Rules  of                                                               
Criminal  Procedure, Rules  501, 801,  and 803,  Alaska Rules  of                                                               
Evidence, and Rules 202, 209,  and 217, Alaska Rules of Appellate                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 121                                                                                                                  
SHORT TITLE: OCC. HEALTH AND SAFETY CIVIL PENALTIES                                                                             
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
02/13/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/17       (H)       L&C, JUD                                                                                               
02/27/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/27/17       (H)       Heard & Held                                                                                           
02/27/17       (H)       MINUTE (L&C)                                                                                           
03/01/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/01/17       (H)       Moved HB 121 Out of Committee                                                                          
03/01/17       (H)       MINUTE (L&C)                                                                                           
03/03/17       (H)       L&C RPT 4DP                                                                                            
03/03/17       (H)       DP: STUTES, WOOL, JOSEPHSON, KITO                                                                      
03/08/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/08/17       (H)       Heard & Held                                                                                           
03/08/17       (H)       MINUTE (JUD)                                                                                           
03/13/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEBORAH KELLY, Director                                                                                                         
Division of Labor Standards & Safety                                                                                            
Department of Labor & Workforce Development (DLWD)                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 121, testified and                                                              
answered question.                                                                                                              
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:44:12 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:44  p.m. Representatives  LeDoux, Eastman,                                                               
Fansler,  and  Claman   were  present  at  the   call  to  order.                                                               
Representative Kopp arrived as the meeting was in progress.                                                                     
                                                                                                                                
         HB 121-OCC. HEALTH AND SAFETY CIVIL PENALTIES                                                                      
                                                                                                                                
1:44:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the only order of  business would be                                                               
HOUSE BILL NO.  121, "An Act relating to  occupational safety and                                                               
health  enforcement penalties;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:45:23 PM                                                                                                                    
                                                                                                                                
DEBORAH KELLY,  Director, Division  of Labor Standards  & Safety,                                                               
Department of  Labor & Workforce Development  (DLWD), in response                                                               
to Chair  Claman, replied  that the  short version  of HB  121 is                                                               
that it will require the  department to set maximum penalties for                                                               
safety and  health standard violations  by regulation,  and limit                                                               
those  penalties  to the  federal  equivalent  for those  penalty                                                               
types.    This will  allow  the  department  to comply  with  its                                                               
federal requirement, she said.                                                                                                  
                                                                                                                                
1:46:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether there was  concern that the                                                               
current regulations  were not adequately taking  care of workers,                                                               
or whether there are some safety concerns.                                                                                      
                                                                                                                                
MS. KELLY  responded that she  had not heard any  complaints that                                                               
the standards  were not adequate  and, she explained,  as needed,                                                               
the department  does conduct  the public  process to  develop new                                                               
safety and  health standards  for the state  based on  input from                                                               
its local industries.                                                                                                           
                                                                                                                                
CHAIR CLAMAN,  after ascertaining no  one wished to  testify, did                                                               
not reopen public testimony.                                                                                                    
                                                                                                                                
1:48:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that  safety is  very important                                                               
and he opined  that Alaska had done an adequate  job of attending                                                               
to that.  He related that any  time he hears an argument that "if                                                               
you  don't do  something the  federal government  is going  to do                                                               
something less desirable," it is  concerning that one of the main                                                               
reasons the state would be taking  an action was due to something                                                               
the  federal government  was doing.   There  are concerns  of the                                                               
federal  government doing  this or  that, and  he asked  that the                                                               
committee put Alaska's  best interests as primary, if  not as the                                                               
sole consideration.                                                                                                             
                                                                                                                                
1:49:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  moved  to  report HB  121,  Version  30-                                                               
LS0362\), out  of committee  with individual  recommendations and                                                               
the accompanying fiscal notes.   There being no objection, HB 121                                                               
moved from the House Judiciary Standing Committee.                                                                              
                                                                                                                                
1:50:43 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 1:50 p.m.                                                                 

Document Name Date/Time Subjects
HB121 ver O 2.27.17.PDF HJUD 3/8/2017 1:00:00 PM
HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Sponsor Statement 3.6.17.pdf HJUD 3/8/2017 1:00:00 PM
HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Sectional Analysis 3.6.17.pdf HJUD 3/8/2017 1:00:00 PM
HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Supporting Document-OSHA Fact Sheet 3.6.17.pdf HJUD 3/8/2017 1:00:00 PM
HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Supporting Document-Federal Memo to State 2.23.17.pdf HJUD 3/8/2017 1:00:00 PM
HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Additional Document-Sponsor's Reply to House Judiciary Committee Questions 3.10.17.pdf HJUD 3/13/2017 1:00:00 PM
HB 121
HB121 Fiscal Note DOLWD-OSH 2.24.17.pdf HJUD 3/13/2017 1:00:00 PM
HL&C 2/27/2017 3:15:00 PM
HB 121