Legislature(1997 - 1998)

01/29/1997 03:15 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                          
                        January 29, 1997                                       
                           3:15 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Norman Rokeberg, Chairman                                      
 Representative John Cowdery                                                   
 Representative Joe Ryan                                                       
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Bill Hudson                                                    
 Representative Jerry Sanders                                                  
 Representative Eric Croft                                                     
 Representative Gene Kubina                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 68                                                             
 "An Act relating to the exemption from the requirement for payment            
 for overtime under a voluntary work hour plan; and providing for an           
 effective date."                                                              
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 *HOUSE BILL NO. 30                                                            
 "An Act relating to civil liability for skateboarding; and                    
 providing for an effective date."                                             
                                                                               
      -  PASSED HB 30 OUT OF COMMITTEE                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB  68                                                               
 SHORT TITLE: VOLUNTARY FLEXIBLE WORK PLAN: OVERTIME                           
 SPONSOR(S): REPRESENTATIVE(S) THERRIAULT, Kelly, Vezey                        
                                                                               
 JRN-DATE      JRN-PG         ACTION                                           
 01/15/97        67    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/15/97        67    (H)   LABOR & COMMERCE                                  
 01/27/97              (H)   L&C AT  3:00 PM CAPITOL 17                        
 01/29/97              (H)   L&C AT  3:00 PM CAPITOL 17                        
 01/29/97       175    (H)   COSPONSOR REMOVED:  JAMES                         
                                                                               
 BILL:  HB  30                                                               
 SHORT TITLE: CIVIL LIABILITY FOR SKATEBOARDING                                
 SPONSOR(S): REPRESENTATIVE(S) MULDER                                          
 JRN-DATE      JRN-PG         ACTION                                           
 01/13/97        35    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        35    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        35    (H)   L&C, JUDICIARY, FINANCE                           
 01/29/97              (H)   L&C AT  3:00 PM CAPITOL 17                        
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 GENE THERRIAULT, Representative                                               
 Alaska State Legislature                                                      
 State Capitol, Room 421                                                       
 Juneau, Alaska  99801-1182                                                    
 Telephone:  (907) 465-4797                                                    
 POSITION STATEMENT:  Sponsor of HB 68.                                        
                                                                               
 ED FLANAGAN, Deputy Commissioner                                              
 Department of Labor                                                           
 P.O. Box 21149                                                                
 Juneau, Alaska  99802-1149                                                    
 Telephone:  (907) 465-2700                                                    
 POSITION STATEMENT:  Testified on HB 68.                                      
                                                                               
 JOHN WARD                                                                     
 1357 Sloan Drive                                                              
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-2597                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 DENNIS BROSMAN                                                                
 P.O. Box 70852                                                                
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 451-0012                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JOHN BENCK                                                                    
 515 1st Avenue, Number 5                                                      
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 456-3725                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 STEVE LANG, General Manager                                                   
 Fort Knox Mine                                                                
 P.O. Box 73726                                                                
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 490-2201                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 TERRY QUIRK                                                                   
 P.O. Box 11-1115                                                              
 Anchorage, Alaska  99511                                                      
 Telephone:  (907) 345-5428                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
 LORIN JOHNSON                                                                 
 2716 Berryman                                                                 
 Anchorage, Alaska  99502                                                      
 Telephone:  (907) 243-1620                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MALCOLM AUBLE                                                                 
 7611 Little Bend Circle                                                       
 Anchorage, Alaska  99507                                                      
 Telephone:  (907) 349-2494                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 CAROL DYSNOYERS                                                               
 P.O. Box 33                                                                   
 Healy, Alaska  99743                                                          
 Telephone:  (907) 683-1498                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JOHN BRADING                                                                  
 2004 Steese Highway                                                           
 Fairbanks, Alaska  99712                                                      
 Telephone:  (907) 457-2049                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 CLARENCE NAZURUK                                                              
 P.O. Box 74391                                                                
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 451-0185                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JESUS PRIM                                                                    
 P.O. Box 75245                                                                
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 488-7406                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 TOM REHARD                                                                    
 P.O. Box 871550                                                               
 Wasilla, Alaska  99687                                                        
 Telephone:  (907) 376-4441                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 DARRELL HILDEBRAND                                                            
 Box 74983                                                                     
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 457-3598                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 DENNIS ALEXANDER                                                              
 Box 35496                                                                     
 Fort Wainwright, Alaska  99703                                                
 Telephone:  (907) 457-4549                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 JIM BLAKEWAY                                                                  
 Healy, Alaska  99743                                                          
 Telephone:  (907) 683-2226                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 LYLE JOHNSTON                                                                 
 115 Bridgett Street, Number 6                                                 
 Fairbanks, Alaska  99701                                                      
 Telephone:  (07) 458-2790                                                     
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MATT CLOWARD                                                                  
 Healy, Alaska  99743                                                          
 Telephone Number Unavailable                                                  
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MONTY BURBANK                                                                 
 Healy, Alaska  99743                                                          
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 STEVE ANDERSON                                                                
 15100 Mesa Place                                                              
 Anchorage, Alaska  99516                                                      
 Telephone:  (907) 345-1973                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 WAYNE BLUMB                                                                   
 22225 Whispering Birch                                                        
 Chugiak, Alaska  99567                                                        
 Telephone:  (907) 688-1420                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MICHAEL KILLIAN                                                               
 9131 King David Drive                                                         
 Anchorage, Alaska  09507                                                      
 Telephone:  (522) 941-0005                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 CLICK BISHOP                                                                  
 3365 Sankvik                                                                  
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 479-3969                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 TONY ROYBAC                                                                   
 Address and telephone number not provided                                     
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MIKE TOMSHA                                                                   
 1413 Noble Street                                                             
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-4500                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 NED GRIFFITH                                                                  
 1543 Porchett Street                                                          
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 456-5578                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 ARON HOULTON                                                                  
 1242 Raymond                                                                  
 Fairbanks, Alaska 99709                                                       
 Telephone:  (907) 451-9369                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 DAN SIMIEN                                                                    
 315 Barnette                                                                  
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 456-4584                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 SCOTT VAUGHN                                                                  
 324 Slater Drive                                                              
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-4735                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 RICHARD ROSE                                                                  
 3044 Super Cub's Lane                                                         
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-7720                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 DAN REPASKY                                                                   
 2702 Denali Street                                                            
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 272-6571                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 RICK BOYLES                                                                   
 3810 Erickson Avenue                                                          
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 451-7180                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JOE ROSSER                                                                    
 1228 Denali Way                                                               
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 451-7180                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
 RICHARD STALEY                                                                
 P.O. Box 55882                                                                
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-2275                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MARK JOHNSON                                                                  
 5001 Chena Avenue, Number 1                                                   
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 337-6267                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MIKE GALLAGHER                                                                
 4631 Southpark Bluff Drive                                                    
 Anchorage, Alaska  99516                                                      
 Telephone:  (907) 345-2144                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 CHARLES PASKVAN                                                               
 1028 Dogwood, Number 404                                                      
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 456-2537                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 SANDRA MCGILL                                                                 
 P.O. Box 56197                                                                
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-8954                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 BRUCE MITCHELL                                                                
 P.O. Box 85107                                                                
 Fairbanks, Alaska  99705                                                      
 Telephone:  (90&0 452-3917                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 FRED SMITH                                                                    
 P.O Box 73545                                                                 
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 458-0527                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 PAUL CUPPY                                                                    
 100 10th Avenue                                                               
 Fairbanks, Alaska  99701                                                      
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MICHELLE SIMPSON                                                              
 P.O. Box 10229                                                                
 Fairbanks, Alaska  99710                                                      
 Telephone:  (907) 457-1173                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 DAVID FORD                                                                    
 6930 Crawford Street                                                          
 Anchorage, Alaska 99502                                                       
 Telephone:  (907) 248-7532                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 BLAKE JOHNSON                                                                 
 HCO-1 box 1580                                                                
 Anchorage, Alaska 99511                                                       
 Telephone:  (907) 776-5212                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JANE BENEDICT                                                                 
 77 Slater Drive, Number 14                                                    
 Fairbanks, Alaska  99701                                                      
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 GLEN BAYSINGER                                                                
 1269 Nordin Drive                                                             
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 457-5251                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 DARLINE HERBERT                                                               
 455 3rd. Avenue                                                               
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 458-0431                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JIM LAITI                                                                     
 4325 Old Nenana Highway                                                       
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 479-4941                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MANO FREY                                                                     
 2501 Commercial Drive                                                         
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 272-4571                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JAMES CONATSE                                                                 
 7700 Pleasure View                                                            
 Anchorage, Alaska  99507                                                      
 Telephone:  (907) 272-4311                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 DAN LOUDERBACK                                                                
 22225 Whispering Birch                                                        
 Anchorage, Alaska  99567                                                      
 Telephone:  (907) 688-1420                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 MIKE SWEENEY                                                                  
 1453 Eielson Street                                                           
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-8520                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 GREG CHAPIN                                                                   
 P.O. Box 84049                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 474-4834                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 STEVE STEEL                                                                   
 221 Dunbar Avenue                                                             
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 457-8335                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 IRBY EDWARD                                                                   
 3521 Industrial Avenue                                                        
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-2787                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 JOHN BROWN                                                                    
 814 Austin                                                                    
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-5870                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 DWAYNE COUCH                                                                  
 300 Howland Road                                                              
 Fairbanks, Alaska  99712                                                      
 Telephone:  (907) 457-7861                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 CORY BELLOWS                                                                  
 1516 Farmers Loop                                                             
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 452-3429                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 BRAD MERRILL                                                                  
 4772 Glasgow, Number 2                                                        
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 455-7328                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 MARK HAMBLETON                                                                
 2784 Totem Drive                                                              
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 455-7120                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 MIKE MENNAGHAN                                                                
 1120 Eastwood Land                                                            
 Fairbanks, Alaska  99712                                                      
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 WAYNE PEPPLER                                                                 
 928 Mark Way                                                                  
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 452-2787                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 DONNIE RICE                                                                   
 1102 Lakeview Terrace                                                         
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 456-5730                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 GARY ALLEN                                                                    
 1090 Coppet Street                                                            
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 479-7854                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 SYLVIA WARD                                                                   
 P.O. Box 85066                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 474-8292                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 JEFF HOWE                                                                     
 632 Holiday                                                                   
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-6321                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 TIM SHARP                                                                     
 1284 Lois Lane                                                                
 Fairbanks, Alaska  99712                                                      
 Telephone:  (907) 457-2749                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 ALEX KARVELIS                                                                 
 P.O. Box 83083                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 479-4661                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
 MICHELLE STEEL                                                                
 221 Dunbar Avenue                                                             
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 457-8335                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 TERRY COX                                                                     
 887 Chena Hot Springs Road                                                    
 Fairbanks, Alaska  99712                                                      
 Telephone:  (907) 479-4661                                                    
 POSITION STATEMENT:  Supported HB 68.                                         
                                                                               
 TIM RENNER                                                                    
 719 Herning Road                                                              
 Fairbanks, Alaska  99712                                                      
 Telephone:  (907) 488-3879                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 PATRICK SUMPTER                                                               
 2877 Horseshoe Way                                                            
 North Pole, Alaska  00705                                                     
 Telephone:  (907) 488-4758                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 STEVE BRANDT                                                                  
 1137 Desperado                                                                
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-3007                                                    
 POSITION STATEMENT:  Opposed HB 68.                                           
                                                                               
 TIM SULLIVAN, Legislative Assistant                                           
   to Representative Eldon Mulder                                              
 State Capitol, Room 411                                                       
 Juneau, Alaska  99801-1182                                                    
 Telephone:  (907) 465-2647                                                    
 POSITION STATEMENT:  Presented sponsor statement on HB 30.                    
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-5, SIDE A                                                             
 Number 001                                                                    
                                                                               
 CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                  
 Standing Committee to order at 3:15 p.m.  Members present at the              
 call to order were Vice-Chairman Cowdery, Representative Sander,              
 Representative Brice and Representative Ryan.  The committee took             
 a brief at ease for five minutes.                                             
                                                                               
 HB 68 - VOLUNTARY FLEXIBLE WORK PLAN: OVERTIME                              
                                                                               
 Number 151                                                                    
 REPRESENTATIVE GENE THERRIAULT came forward to present a committee            
 substitute related to HB 68 and to answer questions for the                   
 committee.  This committee substitute incorporates comments made              
 from the previous hearing and as a result narrows the scope of the            
 legislation.  The new language appears primarily in lines 5 through           
 9 of the new committee substitute as follows:                                 
                                                                               
      (17) work performed by an employee under a voluntary flexible            
 work hour plan that is not entered into under paragraphs (13) or              
 (14) of this subsection if the employee is employed at a surface              
 metal mining operation that operates year round and if                        
                                                                               
 REPRESENTATIVE THERRIAULT stated that they didn't want to impact              
 seasonal employment and the overtime opportunities made available             
 in these positions.  They also narrowed the legislation to metal              
 mining operations to make clear not to impact gravel extraction,              
 peat operations for lawns, coal operations, etc.  In addition, much           
 of the previous testimony made it seem like a number of people were           
 unaware of the extensive exemptions in the current statutes.  He              
 said he had a document which he would make available that outlines            
 these exemptions.                                                             
                                                                               
 REPRESENTATIVE THERRIAULT continued that currently small mining               
 operations with no more than 12 employees are completely exempt;              
 agriculture, horticulture and dairy product processing are                    
 completely exempt; small businesses with less than four employees             
 are completely exempt; forestry and lumber operations with no more            
 than 12 employees are completely exempt.  He noted that the                   
 previous testimony indicating that this would impact thousands of             
 employees in the State of Alaska, in light of this narrow scope,              
 plus the existing exemptions make it clear that the impact of the             
 bill has been greatly narrowed and would not impact nearly the                
 number of employees indicated.                                                
                                                                               
 REPRESENTATIVE THERRIAULT added that there was some question as to            
 whether or not the bill's scope could be narrowed without causing             
 a constitutional problem because they would be treating one class             
 of mining operation differently from another.  He did have a                  
 discussion with the legal department and they indicated that the              
 narrowing or limitations drafted into this bill would probably not            
 trigger a heightened scrutiny by any court.  They don't believe               
 that there is any problem currently in the state statutes.  There             
 are a number of distinctions drawn between coal mining operations             
 with regards to reclamation, gravel mining operations and different           
 sections of the statute.  These have been allowed to exist in the             
 statute for a long time without any legal challenges.                         
                                                                               
 REPRESENTATIVE THERRIAULT also noted that he did check around for             
 some other 24-hour operations in the State of Alaska that currently           
 operate under a very similar job scenario as proposed in this new             
 legislation.  He cited medical facilities as an example.  Right now           
 people providing medical services are completely exempt, as well as           
 those that operate under collective bargaining agreements.  In                
 Fairbanks, the municipal utilities system operates a power plant              
 and are organized under Local 302.  These employees currently work            
 12-hour shifts and are not paid for overtime until they work over             
 40 hours in a given week which is exactly what they are asking for.           
 He referred to previous testimony from someone within Local 302 who           
 testified against the bill.  What they are asking for is that the             
 Fort Knox workers have the same flexibility to structure their work           
 situations as those utilities workers as referenced.                          
                                                                               
 Number 606                                                                    
                                                                               
 REPRESENTATIVE TOM BRICE noted that it was a stretch by using the             
 example of a Local 302 employee under collective bargaining to                
 compare this to the legislature.  The legislature is not prepared             
 to negotiate for employee's rights or benefits to the extent of an            
 organized union.  A lot of the exemptions within .060 deals with              
 very small mining operations which are limited to 14 weeks in a               
 year and he didn't think the Fort Knox situation could be compared            
 to a hospital where lives are at stake.                                       
                                                                               
 REPRESENTATIVE BRICE asked why it was necessary that the                      
 legislature act as a negotiating agent between management and labor           
 at the Fort Knox mine.  This was his concern.                                 
                                                                               
 Number 730                                                                    
                                                                               
 REPRESENTATIVE THERRIAULT didn't think the legislature needed to              
 act as a negotiator for the employees.  What the employees are                
 asking for is that they be able to negotiate on their own behalf,             
 just as the workers at the power plant used earlier, they've chosen           
 to negotiate as a group through a collective bargaining agreement.            
 This certainly is their right.  The Fort Knox employees have chosen           
 not to be represented by a collective bargaining agreement and as             
 a by-product of this decision their flexibility to structure their            
 work hours are limited by state statute.  They are asking for the             
 same flexibility.  It doesn't preclude them from organizing under             
 a union eventually if they so choose.  The Commissioner of Labor is           
 the person to approve these flexible hour agreements.  No standards           
 have been included in this legislation by which the commissioner is           
 to make a determination based upon the same.  The courts then won't           
 have anything to come back and say, "well according to the                    
 standards we think you made a wrong decision in either approving or           
 turning it down.  It's completely his call."                                  
                                                                               
 REPRESENTATIVE THERRIAULT stated that he used the hospital example            
 as other 24-hour operations in regards to employees having some               
 flexibility in structuring their work schedule.  The overriding               
 consideration is that it's a 24-hour operation, rather then                   
 factoring the fact that a hospital provides life or death services.           
                                                                               
 Number 890                                                                    
 REPRESENTATIVE BRICE noted that a 711 or a MAPCO convenience store            
 are 24-hour operations too.  He asked for a reference specifically            
 to the 24-hour section within the statute and its exemption.                  
                                                                               
 REPRESENTATIVE THERRIAULT qualified that there was not an exemption           
 in statute specific to a 24-hour operation.                                   
                                                                               
 Number 1122                                                                   
                                                                               
 REPRESENTATIVE JOE RYAN moved to adopt the new committee substitute           
 before them.  Hearing no objection it was so moved.  The committee            
 substitute 68, version 0-LS0329/F was adopted by the Labor and                
 Commerce Committee.                                                           
                                                                               
 CHAIRMAN ROKEBERG called a very brief at ease which lasted for five           
 minutes.                                                                      
                                                                               
 Number 1284                                                                   
                                                                               
 ED FLANAGAN, Deputy Commissioner, Department of Labor came forward            
 to testify.  He initially spoke to the committee substitute.  He              
 stated his appreciation for the committee and sponsor for                     
 addressing some of the concerns verbalized at the previous meeting,           
 but the department was unable to remove its objection to this                 
 legislation.  The department felt as though it was ill advised to             
 add "willy-nilly" more exemptions to the state's basic labor laws.            
 It's true that there is a laundry list of exemptions in statute               
 already, but many of them go back to the original enactment of this           
 statute.  In the case of the medical centers, they are public                 
 employees regardless of whether they are represented by a union or            
 not.  They are also exempt under this act.  "We would probably as             
 a department, I don't know as an administration, support putting              
 them under the act, but I think Alaska Municipal League might have            
 a different opinion on that.  So they are only under federal FLSA             
 law for over 40."                                                             
                                                                               
 MR. FLANAGAN stated that the department's opposition to adding                
 exemptions is born out by one of the letters received from a                  
 trucking firm in Fairbanks supporting the original bill and stating           
 that all employers should have the right to work their employees 12           
 hours without paying over-time.  This was exactly what the                    
 commissioner was saying and "I'm sure there will be two or three              
 lobbyists racing each other to the phone to call this company and             
 have them as a client next year to get a little technical amendment           
 exempting their employees from these onerous over time laws."                 
                                                                               
 MR. FLANAGAN responded to the statement made about the                        
 commissioner's power to approve or deny flexible hour agreements,             
 by stating that any action the department takes can be challenged             
 in court.  They would only be able to deny them as they do under              
 current law if there is evidence of coercion or that the agreement            
 was a condition of employment.                                                
 Number 1416                                                                   
                                                                               
 MR. FLANAGAN stated that the department has 17 years of experience            
 approving flexible work hour plans and these are approved or denied           
 on their merits as to whether they comply with statute and                    
 regulation language under the Administrative Procedures Act.  The             
 department is complaint driven.  If a problem is brought to their             
 attention they will investigate, but they do not have any audit               
 trails on these items.  With regard to the memorandum which the               
 commissioner submitted to the chairman, they ran the numbers in               
 different ways.  The only new number they ran was a figure under              
 current law of Fort Knox's proposed schedule of 14 / 12-hour shifts           
 in a 28 day period what the gross wages would be which was                    
 $3,430.00 as opposed to $3,080.00 in a four week period under the             
 Fort Knox, AMAX Fairbanks Gold proposal of straight time, 12 hours.           
 They also ran the figures to try and estimate a pay adjustment to             
 hold harmless or neutral which was $15.71 per hour on the proposed            
 schedule.  This would be gross pay neutral and benefits would have            
 to be adjusted to hold the employees harmless.  They also ran the             
 figures in regards to the cost on a yearly basis for 240 employees            
 on a proposed 14 / 12-hour shift in a 28 day period under current             
 law this figure would be just under $1.1 million.  This is just in            
 gross wages.  He noted there were roll-ups such as social security,           
 medicare, etc.  "There probably is somewhere $1.3, $1.4, $1.5                 
 million that Mr. Lang represented as the cost.  Again, that is the            
 cost of complying with the law."                                              
                                                                               
 MR. FLANAGAN stated that commissioner at the previous meeting was             
 asked if the Fort Knox mine had an approval for its 4 - 10 plan.              
 Since July of 1995 they have been in compliance with this plan and            
 they've had no complaints.                                                    
                                                                               
 Number 1563                                                                   
                                                                               
 CHAIRMAN ROKEBERG inquired as to a meeting last year regarding ten-           
 hours-at-the-face bill and whether or not the commissioner wanted             
 more discretion then when the committee was trying to put some side           
 boards on it.                                                                 
                                                                               
 MR. FLANAGAN responded affirmatively and stated that, "in that bill           
 and actually as the bill was passed, but for the 12-hour                      
 possibility, not the 10-hour, the 10-hour is a given and then with            
 a request they can get a variance for 12.  The variance procedure,            
 the variance language was an entirely different process.  It was              
 more akin to what we do for OSHA variances.  There has to be a                
 finding, the possibility even of a hearing, a written finding and             
 the discussion and as that language stands it would lend itself to            
 a more comprehensive examination."  The issues there were what the            
 total work encompassed when travel was accounted for.  This was a             
 broad look and a finding that this situation was safe or whether it           
 was unsafe.  This was a different analysis and standard.                      
                                                                               
 MR. FLANAGAN reiterated what the commissioner had noted when one 4            
 - 10 or 4 - 12 plan is approved for one concern and denied for                
 another this would open up to the department to challenges,                   
 especially if it was anything construed to be arbitrary or                    
 capricious.                                                                   
                                                                               
 Number 1660                                                                   
                                                                               
 CHAIRMAN ROKEBERG stated his astonishment at the analysis used by             
 the deputy commissioner and for the record noted that this                    
 particular bill gives the commissioner total discretion to make               
 this determination.  What Mr. Flanagan suggests is that the                   
 department would like to have further constraints placed on the               
 commissioner which seems to be diametrically opposed to the idea of           
 100 percent discretion.                                                       
                                                                               
 MR. FLANAGAN noted that it had been their experience that they do             
 not have the discretion that the chairman or the sponsor have                 
 referenced.  The department issues a certificate approving a plan             
 which states the work is for 40 hours a week and not more than 12             
 hours a day.  They have no confidence that a denial by the                    
 department related to this review, unless coercion or a voluntary             
 standard being a condition of employment can be found, would pass             
 any judicial or legal challenge.                                              
                                                                               
 CHAIRMAN ROKEBERG asked, in light of this, whether or not Mr.                 
 Flanagan's confidence level would go up if he did have a process              
 for a finding within this exemption in the statute.                           
                                                                               
 Number 1730                                                                   
                                                                               
 MR. FLANAGAN stated, not particularly, the exemptions as they are             
 added, results in two more the next year.  "Where's it going to               
 stop?"  Stated simply, the department's position is there are                 
 several exemptions already provided for and at what point are there           
 enough?                                                                       
                                                                               
 CHAIRMAN ROKEBERG stated that they couldn't have it one way or the            
 other.                                                                        
                                                                               
 MR. FLANAGAN noted that he was responding to the sponsor's                    
 statement that the commissioner has a very broad discretion.  They            
 do not feel as though this is fact.                                           
                                                                               
 Number 1790                                                                   
                                                                               
 REPRESENTATIVE THERRIAULT asked the deputy commissioner to explain            
 the standards under the Fair Labor Standards Act (FLSA), a federal            
 statute.                                                                      
                                                                               
 MR. FLANAGAN stated that the FLSA requires overtime over forty                
 hours.  It does not reference the over eight hour standard which is           
 in place in Alaska and in six other states.                                   
                                                                               
 REPRESENTATIVE THERRIAULT noted he thought it was portrayed that              
 paying overtime for anything over eight hours despite what the                
 individual worker wants was the mainstay for workers in the United            
 States.  He didn't know that this was necessarily true.  He asked             
 if there was a problem with the way that the 10-hour exemption is             
 working now as far as the commissioner reviewing and approving to             
 make sure no coercion is present and it's what the employees really           
 want.                                                                         
                                                                               
 MR. FLANAGAN stated that the problem with this is the department's            
 resources.  He reiterated that the department is complaint driven.            
 They don't audit payrolls like they do under Title 36.  If the                
 application on its face complies with the law, the department                 
 approves it through their regional wage and hour supervisor.                  
                                                                               
 Number 1870                                                                   
                                                                               
 REPRESENTATIVE TERRIAULT asked that if the commissioner gets an               
 application and determines that an application is what the workers'           
 want without coercion in any form would there be any other reason             
 for the commissioner to turn an application down, regardless of               
 safety issues or fair wages which could be taken care of through              
 collective bargaining.                                                        
                                                                               
 MR. FLANAGAN stated that they always can opt for the latter option            
 which is outside of state law.  They also have an option under                
 regulation for this chapter to annually rescind their individual,             
 voluntary agreement.  He further stated that a reason for the                 
 commissioner to turn down an application if the proposed work                 
 schedule was regularly scheduled for more than 40 hours a week even           
 for more than 10 hours in a day, if it was 3 / 12's and a 4, they             
 would not approve it.                                                         
                                                                               
 REPRESENTATIVE TERRIAULT asked if under this proposal, meeting                
 these three standards, it is voluntary, no requirement, no                    
 coercion, would there be something that the commissioner would in             
 addition look for to as a reason to turn it down.                             
                                                                               
 Number 1945                                                                   
                                                                               
 MR. FLANAGAN stated that since the department would view this                 
 effort as a "gutting" of the 8 hour work week for these employees             
 and those that would follow in similar exemptions they would                  
 probably try to reject it on those grounds if it was perceived that           
 they had the authority, but he felt that this would pass muster.              
 "Your intent is going to be pretty clear through the record here,             
 of, as this bill makes its way through that it's supposed to be               
 approved and it's pretty hard, the whole 4 / 10's thing it lends              
 itself to it, it's congruent 40 hours.  Once we add 12 it kind of             
 makes the whole, the 8 and the 40, even the exception to the 8 kind           
 of meaningless.  When 4 / 10's was done in 1980 that's what people            
 were after, people understood what was involved.  There were a lot            
 of them happening at that time throughout the country really, as we           
 first started to see these alternate work weeks."                             
                                                                               
 REPRESENTATIVE TERRIAULT made it clear that when he was presented             
 with the idea he asked for the petition to make sure that this was            
 what the workers wanted and he called some of the workers                     
 independently to make sure there was no coercion.  He also asked              
 how the idea was presented and he was told that this was what the             
 employees very enthusiastically wanted.                                       
                                                                               
 Number 2008                                                                   
                                                                               
 MR. FLANAGAN noted that they didn't dispute this a bit.  He said              
 that the department feels for these employees and they've talked to           
 the employees, they've read all their letters.  The department is             
 not saying that there was coercion, it was their concern for other            
 situations and unfortunately there's always the exception of a bad            
 party who might abuse a situation.                                            
                                                                               
 REPRESENTATIVE COWDERY asked how many employees in the state come             
 under some of the present exemptions.                                         
                                                                               
 MR. FLANAGAN stated he didn't know, but they would try to get this            
 information for the committee and he generally stated that this               
 number would definitely over a 1000.                                          
                                                                               
 Number 2157                                                                   
                                                                               
 JOHN WARD testified by teleconference from Fairbanks in opposition            
 to HB 68.  He stated that HB 68 is a bad bill since it focuses on             
 people who when they took their job knew what shifts they would be            
 working.  He thought it was bad precedent to change state law for             
 a handful of people when it has huge potential of affecting others.           
                                                                               
 Number 2188                                                                   
                                                                               
 DENNIS BROSMAN testified by teleconference from Fairbanks in                  
 opposition to HB 68.  The legislation leaves it wide open for                 
 abuses of shifts from 10 to 12 hours.                                         
                                                                               
 Number 2198                                                                   
                                                                               
 JOHN BENCK testified by teleconference from Fairbanks in opposition           
 to HB 68.  He stated that he'd worked construction in Alaska for 23           
 years.  He noted that any number of contractors who have found it             
 necessary to run 24-hour operations, including pipeline companies,            
 road workers, etc., have done so without running to the legislature           
 looking for an overtime pay exemption.  He offered that this                  
 legislation appeared to be a special interest bill.  The scheduling           
 of a company's shifts is a company problem, not an issue for the              
 legislature.  If Fort Knox has a problem scheduling they should               
 perhaps look at their own management.                                         
                                                                               
 Number 2235                                                                   
                                                                               
 STEPHEN LANG, General Manager, Fort Knox Mine testified by                    
 teleconference from Sitka.  When asked how many Alaskan workers               
 would be covered by this new committee substitute or what                     
 operations would be covered, he responded that his understanding              
 was the current substitute would cover two operations, Fort Knox              
 and the Red Dog properties.  He suspected that about 400 to 500               
 hundred workers would be covered and the amount of these workers              
 which would actually participate depends on the individual.                   
                                                                               
 CHAIRMAN ROKEBERG noted at the previous hearing that there were a             
 number of comments and allegations made that Fairbanks Gold                   
 deliberately created an onerous work schedule in order to coerce              
 workers into supporting this type of legislative change and asked             
 for Mr. Lang's comments.                                                      
                                                                               
 MR. LANG stated that with all respect the allegation was a lie.  He           
 noted the feasiblity studies and how if someone had reviewed them             
 would recognize that due to the very low grade nature of the                  
 deposit and in accordance with Alaska law that the only way to                
 afford to operate the property was on eight hour shifts.  He                  
 checked the individual labor cost calculations in these reports and           
 verified this.  He pointed out the employees are not asking to go             
 to a different 8-hour shift, "if it's simply a matter of the shift            
 schedule they had been given they could have asked for a different            
 8-hour shift.  They're asking for a 12-hour shift and the reason is           
 to limit the number of, to increase the number of days they have              
 off work."  He added that this was a consequence of following the             
 law, while allowing them to have more time off work.  "It's almost            
 word for word why we have the flexible work plan, the very language           
 provided us from the Department of Labor which states  it's                   
 designed to allow some scheduling flexibility by affording the                
 employee an opportunity to work a reduced numbers of days within              
 the 40-hour week."                                                            
                                                                               
 MR. LANG continued that is what's disturbing is the suggestion that           
 if the company could have manipulated more than 200 people in this            
 fashion, it is really an insult to the worker's intelligence.  He             
 felt the workers out there are far more intelligent than this and             
 anybody who suggests otherwise grossly underestimates them.                   
                                                                               
 Number 2358                                                                   
                                                                               
 REPRESENTATIVE BRICE asked if the work crews had always been on               
 this 8-hour shift or whether they had been on a 4 / 10's schedule.            
                                                                               
                                                                               
 MR. LANG offered that he had only been with the company since                 
 November 1 and added that they had been on an eight hour shift                
 since then.  He didn't about the early mine operations and the 24-            
 hour schedule and how it was segmented.                                       
                                                                               
 Number 2385                                                                   
                                                                               
 REPRESENTATIVE BRICE asked if Mr. Lang or his predecessors were               
 ever approached by employees prior to the petition presented to the           
 legislature outlining this new proposal and whether or not there              
 were other schedules proposed.                                                
                                                                               
 MR. LANG stated that he had been approached by employees prior to             
 this petition, yes.                                                           
                                                                               
 REPRESENTATIVE BRICE asked, "did, about a different schedule than             
 what they're working, or about the 4 / 12's?"                                 
                                                                               
 MR. LANG responded "about working 12-hour sched -- 12-hour shifts.            
                                                                               
 REPRESENTATIVE BRICE asked, "4 / 12's and the 4 / 12, 3 / 12 that             
 you, that you presented us or a different shift?                              
                                                                               
 MR. LANG stated that he simply presented it as 12-hour shifts.                
                                                                               
 REPRESENTATIVE BRICE reiterated 7 / 12's.                                     
                                                                               
 MR. LANG answered, "no sir."                                                  
                                                                               
 Number 2429                                                                   
                                                                               
 REPRESENTATIVE BRICE stated that he was not quite clear when Mr.              
 Lang says a 10-hour shift.  Generally, when shifts are discussed              
 it's usually in the context of five days for eight hours a day, or            
 seven days of 12 hours a day.                                                 
                                                                               
 MR. LANG stated that it was certainly possible to work 7                      
 consecutive days and have the following 7 days off; it's possible             
 to work 3 days on, 4 days off; or visa versa and there are a large            
 number of varieties available.                                                
                                                                               
 REPRESENTATIVE BRICE stated that this was his question, which                 
 variety was presented to you by the employees prior to this                   
 proposed shift.                                                               
                                                                               
 MR. LANG noted that there was no specific shift rotation presented            
 to him (indisc. - cross talking) be able to go to 12-hour shift to            
 limit the number of days at work.                                             
                                                                               
 TAPE 97-5, SIDE B                                                             
 Number 000                                                                    
                                                                               
 CHAIRMAN ROKEBERG asked if Mr. Lang had looked into the                       
 alternatives to this legislation proposed by Mr. Frey and a few               
 other individuals who will meet next week.  Chairman Rokeberg                 
 outlined that it would be an alternative to reduce the wage                   
 schedules for the work force and pay the statutory overtime as                
 presently conducted and proceed on this basis.  In other words, it            
 would keep their employees whole and the company's cost would be              
 the same or similar and still operate their 12-hour shifts within             
 the law.                                                                      
                                                                               
 Number 155                                                                    
                                                                               
 MR. LANG stated that he was shocked to hear from the Department of            
 Labor a recommendation to cut people's pay, but he also looked at             
 the costs or impact similar to what the Commissioner of Labor did             
 and he came up with a slightly different number.  The commissioner            
 showed about a $1.79 and Mr. Lang showed a figure of about $2.10.             
 Regardless, he agreed that the impact would be about 2 to 3 times             
 as suggested by Mr. Frey.  As to the feasibility he noted there               
 were some clear problems with it.  Not all the employees would go             
 to a 12-hour shift.  Again, he felt like he'd need to accommodate             
 employees on an individual basis.  This would put him in the                  
 position of running a dual payroll system and his entire payroll              
 department consists of one person.  There are numerous                        
 disadvantages to the employee with this plan, most particularly,              
 once they reduce the base wage there may be occasions where the               
 employee does work an extra shift that would be compensated at an             
 overtime rate, since the base rates would be reduced, by his                  
 calculation this would be a reduction in the overtime pay by more             
 than $3.00 per hour.  The employee would see a reduction in holiday           
 pay and time worked on a holiday based on the base pay rate.                  
 Similarly they would have reductions in vacation pay, they would              
 see reductions in the short-term disability and long-term                     
 disability payments to the employee, reduction in life insurance              
 and also in the accidental death and dismemberment policy.  They              
 would have reductions in funeral leave, jury duty pay, and military           
 leave pay, as well as a reduction in worker's compensation                    
 benefits.  Based on all of these reasons, he felt as though the               
 consequences of this casual suggestion was not clearly in the                 
 interest of the employee.  He felt as though this would place a               
 harsh burden on those individuals who want to spend more time with            
 their families.  He didn't think it was very well thought through             
 and that this suggestion should be rejected.                                  
                                                                               
 Number 185                                                                    
                                                                               
 TERRY QUIRK testified by teleconference from Anchorage in                     
 opposition to HB 68.  The eight hour work day with overtime over              
 eight was given to the American workers and their families by the             
 United States government some 50 years ago.  This effort was made             
 necessary due to the exploitation of the American worker in mines,            
 factories and other sweat shops of the day.  Labor rights, just as            
 constitutional rights, civil rights and the like are entrusted to             
 our elected government officials of this land, to protect, not give           
 away these rights and conditions.  He suggested that Fort Knox                
 adjust its hourly wage to accommodate the work schedule that the              
 mine wants to work and pay the workers the money that the mine                
 wants to pay them.  "I calculated at $17.00 an hour under the 14              
 days every four weeks would currently pay $17.00 an hour for that             
 employee and the company agree that the employee would work seven             
 days straight, 12 hours per day, for $1496.00 a week.  Instead the            
 company could adjust the hourly rate of those workers to $14.11 an            
 hour, the workers could agree to this on a voluntary basis and                
 under the existing state labor laws work 7 / 12-hour shifts for the           
 same $1496.00 a week."                                                        
                                                                               
 Number 282                                                                    
                                                                               
 LORIN JOHNSON testified by teleconference from Anchorage in                   
 opposition to HB 68.  He stated that he had been in the                       
 construction field for 40 years.  He does not support increasing a            
 work day to 12 hours without overtime pay.  He noted that if this             
 bill passes it will only open the door for those other exemptions             
 as mentioned.                                                                 
                                                                               
 Number 306                                                                    
                                                                               
 MALCOLM AUBLE testified by teleconference from Anchorage in                   
 opposition to HB 68.  He felt that it served a special interest for           
 Fort Knox gold mine.  State law should not be changed to benefit a            
 few while creating a hardship for many others.  To restrict this              
 bill to mining and surface metals would be discriminatory to other            
 industries.  If it passed with a 12-hour work day it would be                 
 challenged in the courts, as well as other exemption allowance.               
 This would cause harm to people employed seasonally who depend on             
 overtime to make their yearly income.                                         
                                                                               
 Number 376                                                                    
                                                                               
 CAROL DESNOYERS testified by teleconference from Fairbanks in                 
 opposition to HB 68.  She said she sympathized with the workers of            
 Fort Knox gold mine, especially in regards to the horrendous                  
 schedule which they keep in order to keep their jobs.  "The reason            
 we are here is because these workers have been led to believe that            
 the only feasible and workable solution to rectify their scheduling           
 dilemma and allow them more off time while still allowing the mine            
 to operate within budgeting guidelines as the change exists in                
 labor laws."  She said they shouldn't loose sight that these laws             
 were put into effect for a reason.  They were put in place to                 
 protect the worker and also noted that this law could affect other            
 occupations.  This legislation would reduce any leverage regarding            
 overtime hours and subsequent pay regardless of whether they are              
 union or not.  She mentioned the voluntary flexible work plan as an           
 option which is already under existing legislation.                           
                                                                               
 Number 578                                                                    
                                                                               
 JOHN BRADING testified by teleconference from Fairbanks in                    
 opposition to HB 68.  He felt as though the workers could have                
 their proposed work schedule without changing the present laws.               
                                                                               
 Number 605                                                                    
                                                                               
 CLARENCE NAZURUK testified by teleconference from Fairbanks in                
 opposition to HB 68.  He stated that he is currently on the                   
 executive board of Labor Local 942 and has worked out of that hall            
 since 1974.  He believes this bill will have rippling effects into            
 organized labors which sets high standards for working conditions             
 and wages.  He felt as though this legislation would erode these              
 conditions.                                                                   
                                                                               
 Number 636                                                                    
                                                                               
 JESUS PRIM testified by teleconference from Fairbanks in opposition           
 to HB 68.  He felt it was unsafe work practices to pay straight               
 time for 12-hour days.                                                        
                                                                               
 Number 666                                                                    
                                                                               
 TOM REHARD testified from the Mat-su Valley by teleconference in              
 opposition to HB 68.  Mr. Quirk stated most of the concerns by                
 everyone there in the Mat-su.  He noted that AMAX outside provides            
 buses for their workers to commute.                                           
                                                                               
 Number 705                                                                    
                                                                               
 DARRELL HILDEBRAND testified from Sitka in support of HB 68.  He              
 works for AMAX Gold at the Fort Knox project.  He stated he                   
 supported this bill for a number of reasons, mainly because he's a            
 family type person and he'd like to see his children grow up.  He             
 stressed that the employees are not being coerced and he said it's            
 not all about money.  He also noted the voluntary aspect to this              
 plan.                                                                         
                                                                               
 Number 786                                                                    
                                                                               
 DENNIS ALEXANDER testified by teleconference from Sitka in support            
 of HB 68.  He said this legislation would improve the quality of              
 life for the employees.  He said a cut in pay for hourly wages to             
 include compensation for overtime to make up for this cut was                 
 unacceptable.  He said he was disappointed with Tom Cashen's stand            
 on this issue and made reference to the handbook on Alaska state              
 government dated November 1996, on page 63 he read Mr. Cashen's job           
 description as follows:  "...to promote the welfare of the wage               
 earner and to improve working conditions."  He stated that this was           
 exactly what the independent workers were trying to achieve without           
 the input from labor unions and he also noted that Mr. Cashen's               
 statement was an echo for the labor unions.  The workers of Fort              
 Knox need Mr. Cashen's support and he needs to also look at the               
 condition of the operations.  It is Mr. Cashen's mandate to do                
 this.                                                                         
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Alexander and Mr. Hildebrand if they              
 had paid their own way to Juneau and noted that they had attempted            
 to fly to Juneau, but were unable to due to the weather.                      
                                                                               
 MR. ALEXANDER answered, "no, I was, I was sure trying to get there            
 hard, but no I didn't."                                                       
                                                                               
 Number 1040                                                                   
                                                                               
 JIM BLAKEWAY testified from Fairbanks by teleconference in                    
 opposition to HB 68.  He works for Usabelli Coal Mine and his                 
 concern is that this new legislation could interfere with their               
 renegotiations of their contract.  He also said he didn't                     
 understand how this could be voluntary and felt as though Fort Knox           
 could handle the cost of overtime in light of the profits made.               
                                                                               
 LYLE JOHNSTON testified from Fairbanks by teleconference in                   
 opposition to HB 68.  He vested out of the Laborers Union, Local              
 942.  If this legislation passes other industries will want to                
 follow suit.                                                                  
                                                                               
 MATT CLOWARD testified from Fairbanks by teleconference in                    
 opposition to HB 68.  He is a heavy equipment mechanic and he is              
 totally against this legislation.                                             
                                                                               
 MONTY BURBANK testified from Fairbanks by teleconference in                   
 opposition to HB 68.  He has been a member of organized labor since           
 1976 and he's currently employed at Usabelli Coal Mine.  He cited             
 the sacrifices of men who organized and lost wages through                    
 picketing so that he was able to make a decent living.  He saw no             
 reason to tamper with labor laws and it would only throw back the             
 clock.  He encouraged the Fort Knox employees to organize.                    
                                                                               
 Number 1040                                                                   
                                                                               
 STEVE ANDERSON testified from Anchorage by teleconference in                  
 opposition to HB 68.  He stated that he has been in construction              
 for 25 years and that HB 68 would cause deterioration to the                  
 present law.                                                                  
                                                                               
 Number 1074                                                                   
                                                                               
 WAYNE PLUMB testified from Anchorage by teleconference in                     
 opposition to HB 68.  He has been a seasonal construction worker              
 and he's also worked 4 / 10 flexible work weeks and has seen how              
 they are manipulated and abused.                                              
                                                                               
 Number 1107                                                                   
                                                                               
 MICHAEL KILLIAN testified from Anchorage by teleconference in                 
 opposition to HB 68.  He stated that he's worked in numerous                  
 capacities in the construction trade, including mining.  He                   
 questioned how the voluntary aspect of this legislation could work.           
 He didn't see any correlation between this legislation and the                
 accommodations made for Greens Creek mine last year.  Their issue             
 was extending hours working at the face of the mine underground               
 from eight hours a day to ten hours a day and it was not intended             
 to jeopardize any existing statutory protection now or then.  He              
 noted that employers will bargain hard to revise language and labor           
 contracts to be changed from current overtime situations to the new           
 revised laws they should have rights to such as outlined in HB 68.            
                                                                               
                                                                               
 Number 1278                                                                   
                                                                               
 CLICK BISHOP testified from Fairbanks by teleconference in                    
 opposition to HB 68.  He stated that he was a second generation               
 member of the Operating Engineers Local 302.  He made it clear that           
 he is very proactive for the mining industry in Alaska as long as             
 it can be achieved in an economically feasible manner for both the            
 owner and the employee, along with safety considerations and the              
 affects to environment.  He is not opposed to the Fort Knox                   
 employees achieving their scheduling goals, but he is opposed to a            
 bill which would be a detriment to all surface miners in Alaska.              
 He also mentioned workers at the Red Dog Mine and how none of them            
 had testified to this legislation yet.                                        
                                                                               
 Number 1362                                                                   
                                                                               
 TONY ROYBAC testified from Fairbanks by teleconference in                     
 opposition to HB 68.  He's been a member of the Laborers Local 942            
 since 1975 and he felt as though this legislation would open up a             
 whole "can of worms."                                                         
                                                                               
 Number 1389                                                                   
                                                                               
 MIKE TOMSHA testified from Fairbanks by teleconference in                     
 opposition to HB 68.  He stated that this shift work issue is                 
 nothing new and will be implemented whether the employees get their           
 overtime or not.                                                              
                                                                               
 Number 1408                                                                   
                                                                               
 NED GRIFFITH testified from Fairbanks by teleconference in                    
 opposition to HB 68.  He works for Local 942 and he addressed the             
 Fairbanks legislators specifically.  He didn't agree with                     
 legislating for a small few in relation to laws which have been               
 intact for 60 years.                                                          
                                                                               
 Number 1469                                                                   
                                                                               
 CHAIRMAN ROKEBERG said he agreed with Mr. Bishop's comments                   
 regarding the Red Dog Mine.  The committee has solicited a response           
 from these employees to make sure they are appraised of this                  
 legislation.                                                                  
                                                                               
 Number 1490                                                                   
                                                                               
 ARON HOULTON testified from Juneau in support of HB 68.  He works             
 at the Fort Knox facility.  He noted other testimony from                     
 individuals who seem to ignore the voluntary aspect of this                   
 legislation.  He has worked at this mine from the first day and               
 this scheduling issue was an issue then.  It seemed the main                  
 opponent to this legislation was organized labor.  He stated that             
 the employees of this mine are thinking, competent individuals who            
 wish to have want they want, not to put it on anybody else.  They             
 want to be able to decide their own work schedules and spend more             
 time with their families.                                                     
                                                                               
 Number 1548                                                                   
                                                                               
 REPRESENTATIVE TERRIAULT asked Mr. Houlton to explain how the issue           
 of a petition was raised and presented to him.                                
                                                                               
 MR. HOULTON stated that this issue was brought to him by Doug                 
 Nicolson.  It had come to Mr. Nicolson's attention that the                   
 employees wanted this new schedule, which was nothing new.  Mr.               
 Houlton mentioned co-workers who had left the mine because of the             
 work schedule.  The workers were told the petition was voluntary              
 and said that 241 employees signed it.                                        
                                                                               
 Number 1600                                                                   
                                                                               
 REPRESENTATIVE TERRIAULT asked if there was a high level of                   
 understanding amongst the employees that if at any time they were             
 being unfairly treated by the company that they had the right under           
 federal law to organize and collectively bargain for hours and                
 wages.                                                                        
                                                                               
 MR. HOULTON responded absolutely.  He said they'd never seen the              
 need to organize.  When this scheduling change issue was brought              
 forth, Fort Knox said they would "go to the wall" for the                     
 employees.  The company pays a fair wage and he makes more money              
 now than he's ever made anywhere else, plus they offer great                  
 benefits.                                                                     
                                                                               
 Number 1669                                                                   
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Houlton what he did, how much he made             
 and whether or not he had paid for his trip to Juneau to testify.             
                                                                               
 MR. HOULTON stated that no he did not pay for his trip, he makes              
 $19.50 an hour and he's a shovel operator at the Fort Knox Mine.              
                                                                               
 Number 1685                                                                   
                                                                               
 REPRESENTATIVE BRICE asked who Doug Nicolson was.                             
                                                                               
 MR. HOULTON stated that he is a mine supervisor and was the                   
 individual who made the petition available.  He stated that the               
 first time they put equipment into the dirt they worked 5 / 8's and           
 then it changed to the current schedule they have now.  The 5 / 8's           
 shift only lasted about two weeks.  He said he was aware of other             
 employees who had tried to get the schedule changed before Mr.                
 Nicholson's efforts.  At safety meetings the subject of the                   
 schedule has always been discussed.  It was understood that once              
 the mine was in full production this issue would be addressed.                
                                                                               
 Number 1800                                                                   
                                                                               
 DAN SIMIEN testified by teleconference from Fairbanks in opposition           
 to HB 68.  He noted that everyone in Alaska had a collective                  
 ownership to mineral resources.  He asked that overtime laws as               
 they currently exist be maintained.                                           
                                                                               
 Number 1938                                                                   
                                                                               
 SCOTT VAUGHN testified by teleconference from Fairbanks in                    
 opposition to HB 68.  He stated that this was regressive                      
 legislation and erodes laws established to protect workers.                   
                                                                               
 Number 1983                                                                   
                                                                               
 RICHARD ROSE testified by teleconference from Fairbanks in                    
 opposition to HB 68.  He thought that the Fort Knox employees have            
 not contemplated enough what they're going to loose in the long               
 run.                                                                          
                                                                               
 Number 2047                                                                   
                                                                               
 DAN REPASKY testified by teleconference from Anchorage in                     
 opposition to HB 68.  He said he spoke for on behalf on the entire            
 membership of the International Brotherhood of Electrical Workers             
 (IBEW), Local Union 1547.  The IBEW represents nearly 5000 men and            
 woman throughout the state of Alaska, all of whom are paid an                 
 hourly wage in exchange for their work.  To adopt this proposed               
 legislation would return the Alaskan worker to a pre-twentieth                
 century standard.  Wage and hour laws were established in response            
 to employer coercion.  "There is a strong motive for an employer to           
 subtly or even overtly suggest workers voluntarily give back two              
 hours of overtime per day.  One must seriously consider the                   
 realistic chances of an employee risking a job by refusing to                 
 (indisc.) an employer and thereby facing a prospect of being                  
 replaced by someone just a little bit hungrier who is willing to              
 work under the voluntary plan.  That is precisely why the provision           
 exists in state law for workers to develop a bonafide, voluntary              
 flex plan within a collective bargaining agreement."                          
                                                                               
 MR. REPASKY stated that corporate benefit drives this legislation.            
 His organization is not convinced that this reduction in                      
 compensation is being brought before the legislature solely on                
 behalf of these workers and noted the four lobbyists hired to help            
 with this effort.  Fort Knox should accommodate their employees               
 concerns under current law.                                                   
 Number 2244                                                                   
                                                                               
 REPRESENTATIVE TERRIAULT stated that the testimony heard regarding            
 employees forfeiting two hours of overtime pay led him to believe             
 that the speaker thought the Fort Knox employees could exercise the           
 ten-hour exemption for the two hours beyond this.  He asked Mr.               
 Flanagan to speak to them briefly about the ten-hour exemption.  It           
 was his understanding that the department's interpretation of the             
 ten-hour exemption is that they can get the ten-hour exemption, but           
 they could not work past ten hours.  The ten-hour exemption                   
 couldn't be used to work straight time up to ten hours and then               
 continue to work two more hours and get overtime.  He stated the              
 reason he brought it up was that many of the witnesses were                   
 testifying under this belief.                                                 
                                                                               
 MR. FLANAGAN said it's true.  They would deny a request for an                
 existing law flex plan for regularly scheduled 4 / 10's although in           
 the law it does allow payment of overtime over 10 in those 4 / 10's           
 plans.                                                                        
                                                                               
 Number 2350                                                                   
                                                                               
 CHAIRMAN ROKEBERG stated that he had in his hand a Fort Knox flex             
 plan that's been approved by Mr. Flanagan's department.  He asked             
 if Mr. Flanagan would approve two hours of overtime based on this             
 plan already in place.                                                        
                                                                               
 MR. FLANAGAN responded that no, not for the current proposed                  
 schedule.                                                                     
                                                                               
 Number 2396                                                                   
                                                                               
 RICK BOYLES testified by teleconference from Fairbanks in                     
 opposition to HB 68.  He addressed the Fort Knox operation and its            
 profitability by mention of an article in the Keyways Construction           
 Magazine, September/October issue that quotes Fort Knox officials            
 as saying, the mine is expected to produce 300,000 to 350,000                 
 ounces of gold annually and 4.1 million ounces of gold over a 12              
 year period which equates to over a billion dollars in revenues for           
 Fort Knox.  They've also said it would only cost them approximately           
 a million dollars a year in overtime to pay their employees.  He              
 noted that this amount was not much out of a million dollars.  This           
 does have an effect on the surrounding economies which are based a            
 lot on overtime.  Overtime is a big factor in the Fairbanks area.             
                                                                               
 TAPE 97-6, SIDE A                                                             
 Number 019                                                                    
                                                                               
 JOE ROSSER testified by teleconference from Fairbanks in opposition           
 to HB 68.  He is a member of Local 867 and said that this                     
 legislation caters to a single out-of-state company.  He felt as              
 though this legislation would erode the already existing labor                
 laws.                                                                         
                                                                               
 Number 113                                                                    
                                                                               
 RICHARD STALEY testified by teleconference from Fairbanks in                  
 opposition to HB 68.  He's a construction worker and felt that the            
 laws shouldn't be changed for just one company.  He asked if this             
 could be considered discrimination and whether or not this was                
 something the voters wanted.  Mr. Staley then gave figures of what            
 the Fort Knox Mine would stand to make in profits.                            
                                                                               
 Number 285                                                                    
                                                                               
 MARK JOHNSON testified by teleconference from Anchorage in                    
 opposition to HB 68.  He stated that he is a 17 year construction             
 worker.  He felt as though the overtime concessions in this                   
 legislation could be abused.                                                  
                                                                               
 Number 325                                                                    
                                                                               
 MIKE GALLAGHER testified by teleconference from Anchorage in                  
 opposition to HB 68.  To change a law for one operation is                    
 ridiculous and will affect other industries.  He felt that if this            
 group of people sat down and looked at the options they could come            
 up with solutions rather than altering legislation.                           
                                                                               
 Number 430                                                                    
                                                                               
 CHARLES PASKVAN testified by teleconference from Fairbanks in                 
 opposition to HB 68.  He has worked in construction for 22 years              
 and he did work at the Fort Knox Mine for two years.  While there             
 he witnessed a lot of out-of-state workers who came to work there.            
 He didn't believe that this company should be able to change the              
 laws to make money and thought that these individuals were mostly             
 from out-of-state who wanted to see these changes made.                       
                                                                               
 Number 500                                                                    
                                                                               
 SANDRA MCGILL testified by teleconference from Fairbanks in                   
 opposition to HB 68.  She has lived in Alaska for 16 years.  She              
 felt that if the Fort Knox Mine couldn't make a profit they should            
 sell it to someone else.                                                      
                                                                               
 Number 554                                                                    
                                                                               
 PAUL MITCHELL testified by teleconference from Fairbanks in                   
 opposition to HB 68.  He stated he has been in the mining industry            
 for 20 years and was not representing a union.  He asked that this            
 legislation be buried.                                                        
                                                                               
 Number 610                                                                    
                                                                               
 FRED SMITH testified by teleconference from Fairbanks in support of           
 HB 68.  He presently works at the Fort Knox Mine and would like               
 this legislation to pass in order to change his work schedule so he           
 could be at home more.  He would also save gas on commuting.                  
                                                                               
 Number 653                                                                    
                                                                               
 PAUL CUPPY testified by teleconference from Fairbanks in opposition           
 to HB 68.  He has worked in the Alaskan construction industry since           
 1974.  He understands the dissatisfaction of working long shifts              
 since he has done so himself, but he didn't feel it was necessary             
 to change existing law to resolve this issue.                                 
                                                                               
 Number 719                                                                    
                                                                               
 MICHELLE SIMPSON testified by teleconference from Fairbanks in                
 support of HB 68.  She didn't understand why everyone was there to            
 protest if they felt this legislation would affect just a few                 
 individuals.  She felt like family time was more important than               
 overtime.                                                                     
                                                                               
 Number 767                                                                    
                                                                               
 DAVID FORD testified by teleconference from Anchorage in opposition           
 to HB 68.  He is the business manager of Iron Workers Local 751 and           
 he's been an Alaskan resident for 22 years.  He felt as though they           
 all agreed this legislation was at the bequest of the employer                
 rather than the employee.  This is special interest legislation and           
 spoke to it lowering the standard of living.  Mr. Ford also                   
 discussed the insurance ramifications of this legislation.                    
                                                                               
 Number 908                                                                    
                                                                               
 BLAKE JOHNSON testified by teleconference from Anchorage in                   
 opposition to HB 68.  He's a life-long Alaskan and represents the             
 Kenai Peninsula Central Labor Council.  He recalled a bonfire in              
 1959 representing statehood and felt this legislation belonged                
 there.  He cited all the industries in the Kenai area which work              
 overtime schedules.                                                           
                                                                               
 Number 980                                                                    
 JANE BENEDICT testified by teleconference from Fairbanks in support           
 of HB 68.  Her husband works at Fort Knox and he was a local hire.            
 They used to live out-of-state and saw the affect of the change               
 from an 8-hour rotating shift at a mine to a 12-hour shift and                
 their family life improved considerably.  She noted that the                  
 scheduling of both hearings on this legislation made it                       
 inconvenient for the Fort Knox workers to attend.                             
                                                                               
 Number 1070                                                                   
                                                                               
 CHAIRMAN ROKEBERG made a point for the record that the committee              
 has received a number of letters from the workers and their                   
 families in lieu of verbal testimony.  He asked Ms. Benedict to               
 elaborate on how these two shift options affected their family.               
                                                                               
 MS. BENEDICT explained that she also works full time at a more                
 traditionally shifted job for eight hours a day, five days a week.            
 She's not available to participate in her child's school activities           
 as much as she'd like.  When her husband's on a 12-hour shift he              
 has more time and energy to give to such activities which helps to            
 take pressure off the family.                                                 
                                                                               
 Number 1110                                                                   
                                                                               
 GLEN BAYSINGER testified by teleconference from Fairbanks in                  
 support of HB 68.  He's an employee of AMAX Gold and he considers             
 this a good opportunity.  He felt the present schedule was not good           
 from a safety perspective.                                                    
                                                                               
 Number 1160                                                                   
                                                                               
 DARLINE HERBERT testified by teleconference from Fairbanks in                 
 opposition to HB 68.  She felt that this legislation was a step               
 backwards.                                                                    
                                                                               
 Number 1210                                                                   
                                                                               
 JIM LAITI testified by teleconference from Fairbanks in opposition            
 to HB 68.  He is a 26 year construction worker and didn't think               
 this scheduling issue should be resolved through legislative                  
 channels.                                                                     
                                                                               
 Number 1335                                                                   
                                                                               
 MANO FREY testified by teleconference from Anchorage in opposition            
 to HB 68.  He is the local president of the AFL-CIO council.                  
 Firstly, he stated that Mr. Lang's numbers were closer to the mark            
 than his in regards to the reduction of wages.  This doesn't change           
 the fact of the matter.  Schedule changes should take place to                
 accommodate family life, but this should be done within the                   
 restraints of the law.  He felt that if this law was not modified             
 that the company would adjust the employee wages which should be              
 done anyway.                                                                  
                                                                               
 Number 1517                                                                   
                                                                               
 JAMES CONATSE testified by teleconference from Anchorage in                   
 opposition to HB 68.  He is the business manager of one of the                
 local unions there and applauded Mr. Frey's comments.                         
                                                                               
 Number 1546                                                                   
                                                                               
 DAN LOUDERBACK testified by teleconference from Anchorage in                  
 opposition to HB 68.  He found this legislation offensive to labor            
 and exploitative.                                                             
                                                                               
 Number 1590                                                                   
                                                                               
 MIKE SWEENEY testified by teleconference from Fairbanks in support            
 of HB 68.  He is an employee at Fort Knox.  He stated that the                
 people who oppose this bill already have the right to negotiate               
 their schedules under collective bargaining.  Because they don't              
 belong to a union, they're not allowed and he has a problem with              
 this.                                                                         
                                                                               
 Number 1620                                                                   
                                                                               
 GREG CHAPIN testified by teleconference from Fairbanks in support             
 of HB 68.  He's an employee of Fairbanks Gold and it's been the               
 best job he's ever had.  He doesn't need a union to find himself a            
 job.  The employees are just asking for the right to determine                
 their own schedules.                                                          
                                                                               
 Number 1658                                                                   
                                                                               
 STEVE STEEL testified by teleconference from Fairbanks in support             
 of HB 68.  He's an employee of Fairbanks Gold as a shovel hand and            
 as lead on his crew.  This scheduling concern has been an issue               
 from the beginning and it's physically exhausting.                            
                                                                               
 Number 1749                                                                   
                                                                               
 EDWARD IRBY testified by teleconference from Fairbanks in support             
 of HB 68.  He commented to the earlier questions about truck driver           
 scheduling.  This legislation would allow more time with families.            
                                                                               
 Number 1800                                                                   
                                                                               
 JOHN BROWN testified by teleconference from Fairbanks in opposition           
 to HB 68.  He is currently the president of the Fairbanks Central             
 Labor Council.  Even though this is a union concern he felt like he           
 represents all workers.  He spoke to why there are labor laws in              
 this country.  This proposed change would be a backwards step.                
                                                                               
 Number 1884                                                                   
                                                                               
 WAYNE COUCH testified by teleconference from Fairbanks in support             
 of HB 68.  He is an employee at Fort Knox.  He understands the                
 value placed on unions, but their opposition to this bill is                  
 unjustified.  It's not their place to negotiate this legislation              
 for them.  He spoke about the work schedule now as it exists.                 
                                                                               
 Number 1925                                                                   
                                                                               
 CORY BELLOWS testified by teleconference from Fairbanks in support            
 of HB 68.  He is a mill operator at AMAX.  He said he would choke             
 if he heard one person say they, the employees, did not come up               
 with this proposal on their own.  He noted the exemptions already             
 built into the present law.  He made the analogy that maybe the               
 unions were special interest groups.                                          
                                                                               
 Number 2028                                                                   
                                                                               
 BRAD MERRILL testified by teleconference from Fairbanks in support            
 of HB 68.  He stated that he used to live in Ketchikan and worked             
 at the mill.  Since the shutdown he moved to Fairbanks and went to            
 work at the mine.  The Fort Knox Mine is a great company.  He                 
 outlined the proposed changes to the schedule and its benefits.               
                                                                               
 Number 2098                                                                   
                                                                               
 MARK HAMBLETON testified by teleconference from Fairbanks in                  
 support of HB 68.  He works for AMAX Gold and he felt they've been            
 the best company he has ever worked for and he's worked for a lot             
 of different companies.  He was disappointed that the unions were             
 trying to twist their arms to join when they feel the unions aren't           
 necessary.                                                                    
                                                                               
 Number 2125                                                                   
                                                                               
 MIKE MENNAGHAN testified by teleconference from Fairbanks against             
 HB 68.  He has worked in Alaska for 23 years and now presently                
 works out of Local 942.  He is against HB 68.                                 
                                                                               
 Number 2140                                                                   
                                                                               
 WAYNE PEPPLER testified by teleconference from Fairbanks in support           
 of HB 68.  He has lived in Fairbanks since the early 1960's and has           
 engaged in every type of mining and on either side of the labor               
 situation.  This company has offered him more benefits right off              
 the top.  His family is covered by full medical.                              
                                                                               
 Number 2250                                                                   
                                                                               
 DONNIE RICE testified by teleconference from Fairbanks in support             
 of HB 68.  He is an employee at Fort Knox and has worked mining               
 most of his life.  He stated the schedule changes would improve the           
 life of the employees, even though they'd loose the overtime.                 
                                                                               
 Number 2318                                                                   
                                                                               
 GARY ALLEN testified by teleconference from Fairbanks in support of           
 HB 68.  He is an employee at Fort Knox Mine and made an argument              
 that this company came in and hired 90 percent local people.  He              
 made the comparison of this to the North Slope.                               
                                                                               
 Number 2360                                                                   
                                                                               
 SYLVIA WARD testified by teleconference from Fairbanks in                     
 opposition to HB 68.  She works with the Northern Alaska                      
 Environmental Center and made clear it that she does not work for             
 or represent a union.  Ms. Ward stated that Fort Knox has                     
 contributed quite a lot to this community, but she saw this                   
 legislation as special interest and said this could be destructive            
 to others.  She then outlined proposed suggestions to their                   
 schedule which would not impact legislation.  Ms. Ward referred to            
 a Wall Street Journal article dated January 27th and quoted the             
 headline, "Goldmining Firms Act to Meet Price Slump Challenge."               
                                                                               
 MS. WARD responded to Chairman Rokeberg's question as to whether or           
 not she wanted to see the Fort Knox Mine shut down.  She said no              
 and that this was not what her testimony was about.                           
                                                                               
 TAPE 97-6, SIDE B                                                             
 Number 000                                                                    
                                                                               
 JEFF HOWE testified by teleconference from Fairbanks in support of            
 HB 68.  He is an employee of the Fort Knox Mine and has been a                
 resident of Alaska for 13 years.  In no way were the employees                
 coerced.  This is a voluntary program.                                        
                                                                               
 Number 102                                                                    
                                                                               
 TIM SHARP testified by teleconference from Fairbanks in opposition            
 to HB 68.  He represents the Alaska Labor Political Education                 
 Committee and initially noted how he resented that this was being             
 played in the press as a union issue.  He said instead of taking a            
 cut these employees should get a raise and stated that organized              
 labor speaks for everyone.  Laws are not written for just the good            
 employers like Mr. Lange, but for the bad employers as well.  These           
 alterations to existing law have the potential for abuse.                     
                                                                               
 Number 2045                                                                   
                                                                               
 ALEX KARVELIS testified by teleconference from Fairbanks in support           
 of HB 68.  He is a Fort Knox employee and likes his job.  The                 
 present work schedule is hard on the body and it seems like this              
 legislation is the best option.                                               
 Number 227                                                                    
                                                                               
 MICHELLE STEEL testified by teleconference from Fairbanks in                  
 support of HB 68.  She and her husband are employees at Fort Knox             
 and they were local hires.  She was not coerced to testify and                
 wholly supports this legislation.  This legislation will reduce the           
 time to drive to work reducing money on gas and will increase their           
 income by 2.3 percent, not to mention more time spent with family.            
                                                                               
 Number 302                                                                    
                                                                               
 TERRY COX testified by teleconference from Fairbanks in support of            
 HB 68.  He is a Fort Knox Mine employee and has five children.  He            
 makes a good income and is satisfied.  With the schedule change               
 he'll have more time with his family.  It's important that                    
 employers and employees are able to work things out themselves.               
                                                                               
 Number 384                                                                    
                                                                               
 TIM RENNER testified by teleconference from Fairbanks in opposition           
 to HB 68.  He is a member of Carpenter's Local 1243.  In the long             
 run this legislation has the potential to affect him and others in            
 unions.                                                                       
                                                                               
 Number 429                                                                    
                                                                               
 PATRICK SUMPTER testified by teleconference from Fairbanks in                 
 opposition to HB 68.  He's been a commercial truck driver for 15              
 years and the last few years he's been a Teamster.  He also worked            
 at the mine for some time too and had no problem with the long                
 shifts.  He felt that overtime laws should stay intact and that he            
 can't support this legislation.                                               
                                                                               
 Number 575                                                                    
                                                                               
 STEVE BRANDT testified by teleconference from Fairbanks in                    
 opposition to HB 68.  He is a 25 year resident and is a teamster.             
 He also worked at the Fort Knox Mine during the construction phase.           
 He broke his back on the road commuting from the mine this last               
 summer after working long hours during the day.                               
                                                                               
 Number 622                                                                    
                                                                               
 CHAIRMAN ROKEBERG closed the public testimony and welcomed further            
 written testimony from anyone who so desired.                                 
                                                                               
 HB 30 - CIVIL LIABILITY FOR SKATEBOARDING                                   
                                                                               
 Number 648                                                                    
                                                                               
 TIM SULLIVAN, Legislative Assistant to Representative Eldon Mulder,           
 read the sponsor statement into the record:                                   
                                                                               
 "HB 30 was introduced at the request of the Municipality of                   
 Anchorage.                                                                    
                                                                               
 "The municipalities of Anchorage, City and Borough of Juneau, as              
 well as the Fairbanks North Pole Borough would like to create                 
 skateboard parks so skateboarders will have a place to ride, rather           
 than using other areas designed for pedestrians.  Anchorage and               
 Fairbanks are willing to develop areas suitable for skateboard                
 riding if they can be insulated from liability for claims arising             
 from hazards inherent in skateboarding.                                       
                                                                               
 "The intent of House Bill 30 is to encourage the municipalities to            
 proceed with development of areas for outdoor recreation without              
 increasing their liability unnecessarily.  The bill applies only to           
 municipal skateboard parks.                                                   
                                                                               
 "This bill is patterned after the legislation passed providing this           
 limited protection to ski areas.  The protection from liability               
 relates to inherent dangers and risks of skateboarding.  The                  
 municipality is required to post signs warning that there are                 
 inherent risks and the liability rests with the skateboarder.  It             
 was amended in the Judiciary Committee to make it certain that the            
 parks are not required to have on-site supervision provided by the            
 municipality."                                                                
                                                                               
 MR. SULLIVAN noted a letter of support submitted to the committee             
 by the City and Borough of Juneau and one from the Alaska Municipal           
 League, as well as their 1997 legislative platform which names this           
 issue as one of their priorities.                                             
                                                                               
 Number 720                                                                    
                                                                               
 REPRESENTATIVE JOHN COWDERY stated that he supports this                      
 legislation and talked about how if we restrict our youth too much            
 they go to other inappropriate means of recreation.                           
                                                                               
 CHAIRMAN ROKEBERG asked Mr. Sullivan is he had had a chance to                
 review some proposed amendments to this legislation.                          
                                                                               
 MR. SULLIVAN stated that the sponsor had no concerns with the                 
 amendments labeled A1 and A3.  The amendment labeled A2 might have            
 some constitutional problems though.  Mr. Sullivan stated that                
 Legislative Research could not give him a definitive response                 
 presently in regards to A2, but it was decided to hold this                   
 amendment for the Judiciary Committee to consider at a later time.            
                                                                               
 Number 820                                                                    
                                                                               
 MR. SULLIVAN gave the committee a legislative history of this bill            
 since last year it passed the house.  What has happened in areas              
 such as Anchorage, the city park downtown in front of the                     
 Performing Arts Center has personalized bricks in the sidewalk.               
 These bricks have deteriorated severely and skateboards have been             
 prohibited.  By prohibiting skateboarding in this area, it put kids           
 on the streets.  With the lack of enforcement in this area this               
 doesn't completely absolve the municipality from skateboarders                
 getting hurt in areas not designed for skateboarding.  This                   
 legislation will give kids an area to go to for skateboarding and             
 relieve the burden of civil liability for the municipalities as               
 long as they are not negligent.                                               
                                                                               
 MR. SULLIVAN stated that this legislation made it through the house           
 last year and was referred to the senate and from there it was                
 referred to the Judiciary Committee where it sat for the remainder            
 of time.  (The committee took an at ease for five minutes.)                   
                                                                               
 Number 922                                                                    
                                                                               
 CHAIRMAN ROKEBERG relabeled the amendments.  Amendment A1 was                 
 marked as amendment number one and Amendment A3 was marked as                 
 amendment number two.                                                         
                                                                               
 REPRESENTATIVE COWDERY made a motion to adopt these amendments as             
 indicated.  REPRESENTATIVE BRICE objected for discussion purposes.            
                                                                               
 CHAIRMAN ROKEBERG explained that amendment number one was to set up           
 a standard or criteria in judging who can actually use these                  
 skateboard parks and makes the parent or legal guardian responsible           
 to determine the minor satisfies these standards.  Unless there is            
 a supervisor at the park there's no one there to make this                    
 determination.  The amendment number two, "says this is an                    
 attractive nuisance, but a skateboard park would be an                        
 extraordinary attractive nuisance, so unless it's expended or                 
 secured it doesn't make any sense to have it."  The text of these             
 amendments are as follows:                                                    
                                                                               
 Amendment one:                                                                
                                                                               
 Page 2, line 14, following "safely":                                          
      Insert";in the case of a minor who uses a municipal skateboard           
 facility, the minor's parent or legal guardian is responsible for             
 determining whether the minor satisfies the requirements of this              
 paragraph"                                                                    
                                                                               
 Page 3, line 18, following "ability":                                         
      Insert "; in the case of a skateboarder who is a minor, the              
 minor's parent or legal guardian is responsible for determining               
 whether the minor satisfies the requirements of this paragraph"               
                                                                               
 Amendment two:                                                                
                                                                               
 Page 3, following line 13:                                                    
      Insert a new subsection to read:                                         
          "(c) A municipality shall clearly delineate the boundaries           
 of a municipal skateboard facility with fencing or another type of            
 enclosing or surrounding structure."                                          
                                                                               
 Number 1002                                                                   
                                                                               
 REPRESENTATIVE BRICE removed his objection.                                   
                                                                               
 CHAIRMAN ROKEBERG then determined that by removing the objections             
 these two amendments were adopted by the committee.                           
                                                                               
 Number 1018                                                                   
                                                                               
 REPRESENTATIVE RYAN made a motion to move HB 30 with individual               
 recommendations along with a zero fiscal note as amended.  Hearing            
 no objection, it was so moved.                                                
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 1029                                                                   
                                                                               
 CHAIRMAN ROKEBERG adjourned the meeting at 6:01 p.m.                          
                                                                               

Document Name Date/Time Subjects