Legislature(1995 - 1996)
02/14/1996 03:13 PM House L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE LABOR AND COMMERCE STANDING COMMITTEE February 14, 1996 3:13 p.m. MEMBERS PRESENT Representative Pete Kott, Chairman Representative Norman Rokeberg, Vice Chairman Representative Beverly Masek Representative Jerry Sanders Representative Brian Porter Representative Kim Elton Representative Gene Kubina MEMBERS ABSENT All members present COMMITTEE CALENDAR HOUSE BILL NO. 369 "An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities." - PASSED OUT OF COMMITTEE *HOUSE BILL NO. 134 "An Act repealing vegetable dealer licensing and regulation." - BILL HEARING CANCELLED *HOUSE BILL NO. 456 "An Act relating to the Board of Storage Tank Assistance; and providing for an effective date." - HEARD AND HELD HOUSE BILL NO. 311 "An Act repealing the limitation on the hours a person may be employed in a mine; and making a related technical amendment to avoid changing the penalties for failing to make payments into an employee benefit fund." - HEARD AND HELD *HOUSE BILL NO. 253 "An Act relating to the purchase of authentic Native handicrafts on certain licensed premises; and providing for an effective date." - HEARD AND HELD HOUSE BILL NO. 435 "An Act relating to employment contributions and to making the state training and employment program a permanent state program; and providing for an effective date." - PASSED OUT OF COMMITTEE HOUSE BILL NO. 266 "An Act relating to preferred provider agreements offered by hospital or medical service corporations." - HEARD AND HELD (* First public hearing) PREVIOUS ACTION BILL: HB 369 SHORT TITLE: PROCUREMENT PREF FOR DISABLED SPONSOR(S): REPRESENTATIVE(S) JAMES JRN-DATE JRN-PG ACTION 12/29/95 2362 (H) PREFILE RELEASED 01/08/96 2362 (H) READ THE FIRST TIME - REFERRAL(S) 01/08/96 2363 (H) STATE AFFAIRS, LABOR & COMMERCE 01/18/96 (H) STA AT 08:00 AM CAPITOL 102 01/18/96 (H) MINUTE(STA) 01/23/96 (H) STA AT 08:00 AM CAPITOL 102 01/23/96 (H) MINUTE(STA) 01/24/96 2520 (H) STA RPT 7DP 01/24/96 2520 (H) DP: JAMES, PORTER, GREEN, IVAN, 01/24/96 2520 (H) ROBINSON, WILLIS, OGAN 01/24/96 2521 (H) 2 ZERO FISCAL NOTES (ADM, DOE) 01/24/96 2521 (H) REFERRED TO LABOR & COMMERCE 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 456 SHORT TITLE: BOARD OF STORAGE TANK ASSISTANCE SPONSOR(S): LABOR & COMMERCE JRN-DATE JRN-PG ACTION 01/30/96 2569 (H) READ THE FIRST TIME - REFERRAL(S) 01/30/96 2569 (H) LABOR & COMMERCE, FINANCE 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 134 SHORT TITLE: REPEAL VEGETABLE DEALER LICENSING SPONSOR(S): REPRESENTATIVE(S) THERRIAULT, Toohey, Porter, Kott, Kohring JRN-DATE JRN-PG ACTION 01/27/95 158 (H) READ THE FIRST TIME - REFERRAL(S) 01/27/95 158 (H) LABOR AND COMMERCE 02/01/95 210 (H) COSPONSOR(S): KOTT 02/03/95 243 (H) COSPONSOR(S): KOHRING 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 311 SHORT TITLE: REPEAL LIMIT ON HOURS EMPLOYED IN MINES SPONSOR(S): REPRESENTATIVE(S) VEZEY,Toohey,Martin JRN-DATE JRN-PG ACTION 04/18/95 1351 (H) READ THE FIRST TIME - REFERRAL(S) 04/18/95 1351 (H) LABOR & COMMERCE, JUDICIARY 01/24/96 (H) L&C AT 03:00 PM CAPITOL 17 01/24/96 (H) MINUTE(L&C) 02/07/96 (H) L&C AT 03:00 PM CAPITOL 17 02/07/96 (H) MINUTE(L&C) 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 253 SHORT TITLE: BAN CRAFT BUYING ON LIQUOR PREMISES SPONSOR(S): REPRESENTATIVE(S) NICHOLIA JRN-DATE JRN-PG ACTION 03/15/95 741 (H) READ THE FIRST TIME - REFERRAL(S) 03/15/95 741 (H) LABOR & COMMERCE, JUDICIARY, FINANCE 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 435 SHORT TITLE: STATE TRAINING & EMPLOYMENT PROGRAM SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR JRN-DATE JRN-PG ACTION 01/19/96 2488 (H) READ THE FIRST TIME - REFERRAL(S) 01/19/96 2488 (H) LABOR & COMMERCE, HES, STA, FINANCE 01/19/96 2488 (H) 3 FISCAL NOTES (2-DCRA, LABOR) 01/19/96 2488 (H) GOVERNOR'S TRANSMITTAL LETTER 02/07/96 (H) L&C AT 03:00 PM CAPITOL 17 02/07/96 (H) MINUTE(L&C) 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 BILL: HB 266 SHORT TITLE: HEALTH CARE PREFERRED PROVIDER PROGRAMS SPONSOR(S): LABOR & COMMERCE BY REQUEST JRN-DATE JRN-PG ACTION 03/17/95 778 (H) READ THE FIRST TIME - REFERRAL(S) 03/17/95 779 (H) LABOR & COMMERCE, HES, JUDICIARY 04/12/95 (H) L&C AT 03:00 PM CAPITOL 17 04/12/95 (H) MINUTE(L&C) 04/24/95 (H) L&C AT 03:00 PM CAPITOL 17 04/24/95 (H) MINUTE(L&C) 04/26/95 (H) L&C AT 03:00 PM CAPITOL 17 04/26/95 (H) MINUTE(L&C) 04/26/95 (H) MINUTE(L&C) 08/30/95 (H) L&C AT 09:00 AM 08/30/95 (H) MINUTE(L&C) 09/27/95 (H) L&C AT 09:00 AM JUNEAU LIO 09/27/95 (H) MINUTE(L&C) 02/14/96 (H) L&C AT 03:00 PM CAPITOL 17 WITNESS REGISTER DUGAN PETTY, Director Central Office Division of General Services Department of Administration P.O. Box 110210 Juneau, Alaska 99811-0210 Telephone: (907) 465-2250 POSITION STATEMENT: Testified in support of HB 369. REPRESENTATIVE JEANNETTE JAMES Alaska State Legislature Capitol Building, Room 102 Juneau, Alaska 99801 Telephone: (907) 465-3743 POSITION STATEMENT: Sponsor of HB 369 DWAYNE FRENCH, Director Statewide Programs Division of Vocational Rehabilitation Services Department of Education 801 West Tenth Street, Suite 200 Juneau, Alaska 99801-1894 POSITION STATEMENT: Testified in support of HB 369. GEORGE DOZIER, Committee Aide House Labor and Commerce Committee Alaska State Legislature Capitol Building, Room 432 Juneau, Alaska 99801 Telephone: (907) 465-4954 POSITION STATEMENT: Presented HB 456. JOHN BARNETT, Executive Director Board of Storage Tank Assistance Division of Spill Prevention and Response Department of Environmental Conservation 410 Willoughby Avenue, Suite 105 Juneau, Alaska 99801-1795 POSITION STATEMENT: Testified in support of HB 456. JIM HAYDEN, Program Manager Storage Tank Program Division of Spill Prevention and Response Department of Environmental Conservation 410 Willoughby Avenue, Suite 105 Juneau, Alaska 99801-1795 POSITION STATEMENT: Testified on HB 456. REPRESENTATIVE AL VEZEY Alaska State Legislature Capitol Building, Room 216 Juneau, Alaska 99801 Telephone: (907) 465-3719 POSITION STATEMENT: Sponsor of HB 311. DON ETHERIDGE Alaska District Council of Laborers 710 West 9th Street Juneau, Alaska 99801 Telephone: (907) 586-3707 POSITION STATEMENT: Testified on HB 311. JOE THOMAS Laborers Local 962 315 Barnette Street Fairbanks, Alaska 99701 Telephone: (907) 452-3139 POSITION STATEMENT: Testified in HB 311. MARY SATTLER, Legislative Intern to Representative Nicholia Alaska State Legislature Capitol Building, Room 501 Telephone: (907) 465-2197 POSITION STATEMENT: Gave sponsor statement for HB 253. ANNE CARPENETI, Assistant Attorney General Central Office Criminal Division Department of Law P.O. Box 110300 Juneau, Alaska 99811-0300 POSITION STATEMENT: Testified on HB 253. DWIGHT PERKINS, Special Assistant Office of the Commissioner Department of Labor P.O. Box 21149 Juneau, Alaska 99802-1149 Telephone: 465-2700 POSITION STATEMENT: Testified in support of HB 435. MARK MICKELSON, Manager JTPA/SDA Program Division of Community and Regional Development Department of Community and Regional Affairs P.O. Box 112100 Juneau, Alaska 99811-2100 Telephone: (907) 465-4891 POSITION STATEMENT: Testified in support of HB 435. ACTION NARRATIVE TAPE 96-8, SIDE A Number 001 The House Labor and Commerce Standing Committee was called to order by Chairman Pete Kott at 3:13 p.m. Members present at the call to order were Representatives Kott, Porter, Elton, Sanders and Kubina. Representatives Masek and Rokeberg arrived at 3:17 p.m. HB 369 - PROCUREMENT PREF FOR DISABLED CHAIRMAN PETE KOTT announced the first order of business would be HB 369, "An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities," sponsored by Representative James. REPRESENTATIVE BRIAN PORTER said the bill was heard in the House State Affairs Committee. He explained the bill provides to disabled sole proprietors the same allowances that are given to corporations and partnerships that are totally owned by disabled people. The same allowances that are given to sole proprietorships that are owned by people with disabilities. The bill provides the opportunity for small businesses, in general terms, that are owned and operated by people with disabilities to benefit from the business structures of partnerships and corporations. CHAIRMAN KOTT asked if there was discussion in the State Affairs Committee as to what it is that the bill is trying to fix. He noted it seems like this is similar legislation that was before the Labor and Commerce Committee last year. He noted the bill was introduced in December, 1995. Number 327 DUGAN PETTY, Director, Central Office, Division of General Services, Department of Administration, explained HB 369 is the original version of HB 288 that was before the committee last year. While HB 288 had some minor changes in the House Labor and Commerce Committee, it did pass out of the committee. There were more amendments adopted in the Senate. Some of those amendments had nothing to do with anything that was in the bill. Those Senate amendment caused the Governor to veto that bill. Mr. Petty explained the Department of Administration supports the bill and noted there is a zero fiscal note. Number 450 REPRESENTATIVE JEANNETTE JAMES, Alaska State Legislature, came before the committee to give her sponsor statement for HB 369. She informed the committee the bill is identical to the bill that passed through the House last year. She explained the House Finance Committee attached an amendment regarding a procurement and extension of leases that expired last year. It had the House, Senate and the Administration's support. When the bill went to the Senate, another amendment was added regarding the marine highway which was controversial. In the end, the Governor vetoed the bill because of the marine highway amendment. She said HB 369 is the same as HB 288. She stated existing law allows severally disabled people to have a bidders preference when they're doing business. Existing law says they can do it if they're a sole proprietorship. The bill allows them to also be a corporation, a partnership or another entity besides the sole proprietorship, and of course, in a corporation or a partnership all of the partners or shareholders must also be severely disabled. She said the doesn't allow them to have someone else come in, assist them and then just be a spokesman, they have to manage their own business. There is no reason they should be precluded from having the choice of the other business entities that might give them either some insurance protection and/or some tax advantage by having a corporation or a partnership. Representative James stated it is a simple bill. CHAIRMAN KOTT asked how many entities would qualify. REPRESENTATIVE JAMES said she doesn't know, but there may be an ability for people who are severely disabled to get some financing if they could have a corporate or partnership structure. She said it is possible for two seriously disabled people to go into business and benefit from it. She informed the committee she doesn't know an exact number but would say at least two dozen or more. Number 644 CHAIRMAN KOTT asked Representative James if anything has been done to the title to ensure the amendment offered in the Senate won't be added again. REPRESENTATIVE JAMES explained the title is specific and talks about exactly what the bill does. Number 626 DWAYNE FRENCH, Director, Statewide Programs, Division of Vocational Rehabilitation Services, Department of Education, testified in support of HB 369 and commended Representative James for introducing the bill. It does allow wholly owned corporations, operated by people with disabilities, to gain the bidders preference. The mission of his division is to encourage and support Alaskans with significant disabilities in entering or reentering the work force, and to be active productive members of the community. This legislation would aide people with disabilities to gain employment and have business that would be able to get bids from the state. Number 773 REPRESENTATIVE JERRY SANDERS pointed out Mr. French was one of his constituents. He asked Mr. French if he wanted him to vote for the bill. MR. FRENCH answered in the affirmative. Representative Sanders said he would be happy to vote in favor of the bill. MR. FRENCH corrected Representative Sander by saying he has moved into Representative Porter's district. CHAIRMAN KOTT asked Mr. FRENCH if he wishes for Representative Porter to support the measure. He indicated he does. Number 860 There being no further testimony, REPRESENTATIVE GENE KUBINA made a motion to pass HB 369 out of committee with individual recommendations. CHAIRMAN KOTT objected for the purpose of the roll call vote so Mr. French would know who is on record in favor of the bill. Number 877 A roll call vote was taken. Representatives Sanders, Masek, Porter, Kubina, Elton, Rokeberg and Kott voted in favor of moving the bill. So HB 369 was passed out of the House Labor and Commerce Committee. HB 134 - REPEAL VEGETABLE DEALER LICENSING Number 938 CHAIRMAN KOTT announced the committee schedule reflected that HB 134, "An Act repealing vegetable dealer licensing and regulation," was scheduled. He said that bill had been dealt with previously, last year, and the bill is no longer before the committee at the request of the prime sponsor. The prime sponsor didn't want to rehash the issues. HB 456 - BOARD OF STORAGE TANK ASSISTANCE Number 952 CHAIRMAN KOTT announced the next order of business was HB 456, "An Act relating to the Board of Storage Tank Assistance; and providing for an effective date." GEORGE DOZIER, Committee Aide, House Labor and Commerce Committee, Alaska State Legislature, came before the committee. He explained HB 456 is a sunset bill which addresses the Board of Storage Tank Assistance. That board is due to sunset on June 30, 1996. The bill accomplishes two things. First, it extends the date of the board to June 30, 2000. It also adds another individual that doesn't have a financial or other vested type interest in the industry. He noted both portions of the bill are recommended by the legislative auditors. Number 1039 JOHN BARNETT, Executive Director, Board of Storage Tank Assistance, Division of Spill Prevention and Response, Department of Environmental Conservation (DEC), pointed out the board has one employee, himself, and seven volunteer members. He informed the committee that the board has issued about 650 grants and loans to date and has close to 1,000 applications still pending. Mr. Barnett said there is quite a few more years of work left in getting lot of the sites cleaned up. He encouraged the passage of HB 456. Number 1074 REPRESENTATIVE PORTER asked Mr. Barnett if he has ever been associated with a board or a group that has an even number rather than an odd number. MR. BARNETT said this will be a new experience. He said they will probably have to enact bylaws whereby the chairman would only vote in the case of a tie. Number 1105 REPRESENTATIVE ELTON asked how the chairperson is picked. MR. BARNETT explained the chairperson is chosen by a vote. He said should HB 456 become law, the board will probably have to enact bylaws prior to electing a new chair. Representative Elton said he sees a problem with an even amount of members on a board. He said if he were on the board, he wouldn't want to be a chair. Number 1135 REPRESENTATIVE KUBINA pointed out that the bill didn't have a fiscal note. He said if someone is going to be added to the board, there would be travel expenses. He noted the bill probably needs a small fiscal note. Representative Kubina questioned adding two people to the board. REPRESENTATIVE KOTT said they only want one additional person. He also said the committee members didn't have a fiscal note. Before the bill is forwarded to the next committee of referral, a fiscal note will be contained in the packet. Number 1175 MR. BARNETT said he believes a fiscal note was faxed to the committee earlier in the day. CHAIRMAN KOTT asked if the fiscal note was revenue neutral. Number 1188 JIM HAYDEN, Program Manager, Storage Tank Program, Division of Spill Prevention and Response, DEC, came before the committee. He said a fiscal note was prepared and apologized for not getting it to the committee sooner. Mr. Hayden said an analysis was done on the required travel for the new position and found it could be absorbed into the travel budget as it currently exists. Mr. Hayden said the department sees the fiscal note as a zero fiscal note. CHAIRMAN KOTT questioned the extent of the problems, statewide, that still need to be addressed. MR. HAYDEN explained they have about 800 applications currently ranked and on a waiting list. He also said somewhere between $50 million and $60 million is needed. Over the last couple of years, they have received appropriations for about $2 million each year. It will take many many years to take care of the problem. He noted they are also taking another approach to this problem in that the department is modifying their regulations to allow for a risk assessment in determining alternative cleanup levels. Mr. Hayden said currently, they are limited to a specific cleanup matrix and value. In the future, they'll be able to, by risk assessment, set another value if there is minimal risk. That should significantly reduce the costs of cleanup. He said they expect that estimate to come down as they implement the new regulations. It could be cut in half or maybe more. CHAIRMAN KOTT asked if there are new problems being identified on an annual bases that is going to add to the current problems. MR. HAYDEN said the deadline has come and gone in terms of submitting applications. There is one other route that can be used to submit an application and that is if someone is already on the waiting list for an upgrade or closure grant for a tank system. He explained there were standards due, in 1998, for upgrading all tanks. There is a program and a waiting list for that. When people do eventually get their grant to upgrade their tanks, if they find contamination when digging up their tanks, then they can submit a cleanup application. He noted the department does expect some additional need when the tanks are upgraded. CHAIRMAN KOTT asked if there is some kind of a strategy that has a time certain as to when all the tanks are going to be upgraded. MR. HAYDEN explained the upgrade schedule is set by law. The facilities have to comply by the 1998 deadline either through a system served by their own resources or by a combination of the two. He said the department feels fairly certain that will happen. It is more difficult to estimate the time required for cleanup. He said realistically, he would expect beyond the year 2000, 2005 perhaps. Number 1406 CHAIRMAN KOTT asked if there are federal monies associated with this cleanup process. MR. HAYDEN informed the committee the federal government hasn't released and money for this. There are monies in what is called the leaking underground storage tank (LUST) trust fund in Washington, D.C. Currently, there is a $700 million surplus in that fund. We each pay 1/10 of a cent into the fund each time we fill up our gas tanks in our cars, but the federal government has chosen not to release any of those monies to the states in terms of cleanup for assistance to facilities. CHAIRMAN KOTT referred to the 800 applications currently on file and asked how the department determines priority. MR. HAYDEN said they have a ranking system that has been developed over the last four years. The last time the ranking system was revised was in August, 1994, and it has numerous criteria. The most significant would be their system of what they call the Alaska hazard ranking model which takes into account a risk posed by a site. This is in terms of cleanup. So risk factors into this heavily in terms of who gets the grant first. In terms of upgrade and closure, there are various criteria such as access to fuel and number of sites in an area would be another. There are about ten criteria for each program. He noted the cleanup waiting list is about 250 and the upgrade and closure is about 600. Number 1518 REPRESENTATIVE KUBINA asked how much money the legislature funded last year for dealing with this issue. MR. HAYDEN said approximately $2 million. Representative Kubina asked what is in the Governor's budget this year. Mr. Hayden said they have asked for a continuation amount. Number 1533 REPRESENTATIVE ELTON referred to the audit report recommending adding a public member and asked what the effect would be of substituting a public member for one of the two owners or operators of underground storage tank systems. MR. HAYDEN said he hasn't thought about that. When he read the legislative audit report, he felt the recommendation was a good one in terms of adding a disinterested party because it would broaden the perspective. He referred to the issue of having an even member board and said he would like to get back to committee on the issue. Representative Elton said it would be helpful to have that information and also information on when the terms are completed of two members who represent owners or operators of underground storage tanks. Number 1622 MR. BARNETT explained there has always been a large and a small tank owner on the board. That has provided an excellent balance over the last few years. He said he wouldn't recommend removing either of the two tank owners on the seven member board. The small tank owner has always been sort of chosen from the small mom and pop type facilities. He referred to the large tank owner, and indicated the board has focused on large bulk fuel facility owners who also owned underground tanks that met the criteria. The large tank owner has been providing a lot of insight into trying to resolve some of the rural tank and above ground tank problems that the state is now (indisc.). At this time, removing one of the tank owners from the board would probably not be a recommended action. It is a fairly well balanced board. Mr. Barnett noted he believes the board is flexible enough in its authorities that it could handel working with an even numbered board. REPRESENTATIVE ELTON asked Mr. Barnett if he feels that a public member could be substituted for the engineer, the general contractor or the insurance industry representative. MR. BARNETT said all the members of the board were chosen for their technical expertise. It would be very had to sacrifice any of those member's skills, it would hurt the board from a technical aspect on some of the issues they have to resolve. He referred to there being many issues that might be related to laboratory methods or cleanup techniques and said the board tends to lean on the engineer representative for feedback and input. Mr. Barnett said because the board is involved with the certification of tank workers, the certified worker on the board, who is a tank contractor, also provides input. He referred to the insurance representative, who is currently the chair, and said it would be very difficult to lose her because of the fact that they are dealing with major liability issues related to environmental liability. Part of the reason for this cleanup program is to address pollution liability by having a program in place that takes the liability away from the state and puts it in the hands of the tank owner. Mr. Barnett said the members that would probably be better replaced would possibly be the government members. There are two government members, Department of Environmental Conservation and Department of Transportation and Public Facilities (DOT/PF). Since the program is housed within DEC, it would not be wise to remove that member. He said if he had to make a choice, he would suggest the DOT/PF representative. Number 1777 REPRESENTATIVE NORMAN ROKEBERG referred to the $2 million appropriation and asked if that is general funds. MR. BARNETT explained that comes from the prevention account. The prevention account evolved from the oil and hazardous substance fund. There is a 5 cent a barrel surcharge that comes off the pipeline. He said 3 cents goes into the prevention account and 2 cents goes into the response account. The prevention account funds DEC's pollution prevention operations and spill response office within the Spill Prevention and Response Division of DEC. Mr. Barnett said his program is funded out of that prevention account. There are sufficient funds to fund the budget for this year out of that prevention account. He noted it used to be called the 470 fund. Number 1819 REPRESENTATIVE SANDERS questioned that adding a person is revenue neutral. MR. BARNETT said over the last couple of years, they have tried to reduce the overall travel and budget costs by increasing the number of teleconferences. During the early days of the program, they had higher travel costs because they were drafting and developing the regulatory framework for the program. They drafted regulations and held workshops throughout all portions and regions of the state. Mr. Barnett said they are now at an efficiency point where they have three formal board meetings a year in Juneau, Anchorage and Fairbanks. He noted the board rotates between those communities. There are usually only three or four board members that travel to any one meeting. Operating costs are now at the point where everything can be absorbed as their office and computer equipment has been paid for. Mr. Barnett said he feels they can stay at the same level for the next few years without increasing their budget. REPRESENTATIVE SANDERS asked Mr. Bennett's thought about adding two additional people to the board. MR. BENNETT said there wouldn't be an objection by the board members, nor the Administration he suspects, to having an additional two members added. He said he didn't expect the travel would still increase proportionately as they have teleconferencing abilities. He believes they could stay within their existing budget. Number 1947 REPRESENTATIVE KUBINA said he probably needs to talk to his board about the additional people. He suggested talking to DOT/PF about losing their seat. MR. BENNETT said he believes the board can handle seven or eight members. Obviously, it would be easier to deal with a seven member board from a voting and conflict standpoint. With enacted bylaws and a rotating chairman program, they could probably work with eight members. Number 7004 REPRESENTATIVE ROKEBERG asked if the commissioners of DEC and DOT/PF have designees that represent them on the board. MR. BENNETT said they do. The designee for DEC is the division director for the Spill Prevention Response Division. The designee for DOT/PF is environmental right-of-way director. Number 2029 REPRESENTATIVE KUBINA referred to the $2 million appropriation and said he recalls that there were some problems with some very large companies using up all the limited resources. He asked if that is still a problem. MR. BENNETT said that was actually resolved early on in their priority ranking system. That was one of the board's first objectives which was to create a ranking system that was constitutionally correct and still fair to all the eligible tank owners in the state. One thing they used as a tool was the financial responsibility requirement of the federal government which required tank owners to demonstrate financial responsibility by having pollution liability insurance. The larger companies, such as Tesoro, Alaska Airlines, Mapco, etc., are all self insurable and met the financial responsibility requirement. If the small tank owner, who almost always was the independent businessman, usually got the higher ranking points if they couldn't demonstrate financial responsibility. Mr. Bennett said there is also other ranking criteria which relates to the area served, the community they're in. He said they find most of the larger companies are in the larger urban areas and the smaller tank owners are in outlying areas in some of the smaller communities throughout the state. Mr. Bennett explained they tend to have a rural preference, small facility preference, where if they only have one facility and only four tanks, they get a higher number of points than they would if they had multiple facilities. So, they have a ranking system that considers the size and the insurability of the business and that puts the larger companies at the bottom. Number 2114 CHAIRMAN KOTT asked if the board is the body that determines the priorities. MR. BENNETT explained the board sets the priority ranking. The board also acts as an appeal board for mediating disputes in determining priority ranking disputes. He said the board writes the regulations and the ranking systems. The department administers the program. When a tank owner has a problem with DEC, they can come to the board and the board then hears their concern and acts as an intermediary between DEC and the tank owner. The board then can adjust the ranking accordingly if the arguments are sound. Number 2158 REPRESENTATIVE ROKEBERG indicated concern about increasing the number of members on the board and suggested eliminating the DOT/PF member. Number 2181 REPRESENTATIVE ELTON said if it the desire of the chairman to move the bill today, he would probably vote to substitute. It may be a good idea, however, to hold the bill over until the next meeting to give the board's staff person a chance to see if the board has a preferred option. Number 2203 REPRESENTATIVE KUBINA said he tends to agree with Representative Rokeberg. The DOT/PF should have a chance to comment as they may have a very good argument why they should remain on the board. Number 2223 REPRESENTATIVE PORTER said the issue should be dealt with in the Labor and Commerce Committee. He pointed out there is a Finance Committee referral, but the co-chair of that committee might not want to hear the bill as there is a zero fiscal note. CHAIRMAN KOTT said there seems to be some motivation not to hear bills in the Finance Committee that do not have a fiscal impact. He said it would be better to hold HB 456 until the committee's hearing on Monday. REPRESENTATIVE ROKEBERG said he would like the department to provide two fiscal notes, one for adding a member and one showing an amount if the commissioner were to be removed. MR. BENNETT said the fiscal note would be zero either way. There are some items in their budget that don't get used each year such as some of their legal costs, which would be used for the additional person. He noted there is about $2,000 in their legal fund. Number 2331 CHAIRMAN KOTT said the bill would be held over until the Monday meeting. HB 311 - REPEAL LIMIT ON HOURS EMPLOYED IN MINES Number 2343 CHAIRMAN KOTT announced the next order of business would be HB 311, "An Act repealing the limitation on the hours a person may be employed in a mine; and making a related technical amendment to avoid changing the penalties for failing to make payments into an employee benefit fund." He noted the sponsor of the bill was on his way to the meeting and that the committee would take a brief recess at 3:58 p.m. CHAIRMAN KOTT Chairman Kott called the meeting back to order at 4:02 p.m. He said there is an updated zero fiscal note the committee members should have. REPRESENTATIVE AL VEZEY, sponsor of HB 311, said he didn't have many more comments to add in addition to what he said at the previous meeting on the bill, except that he has an update on some legislation in other states. He said other states that have an eight hour underground law includes Idaho, which the Idaho Senate voted to repeal their law about ten days ago. The bill is now before the House and passage is expected in the next week or two. Representative Vezey referred to the state of Nevada and said they had an eight hour law, but repealed it in 1993. They now allow work in excess of eight hours with no limit stated, but it must be by a majority vote of the workers concurring. In 1995, California repealed their law. They had an eight hour law with a provision for a waiver. It was a complex law and was taken to federal court and the court threw the law out on the grounds that it was a violation of the National Labor Relations Act. California came back in 1995, and passed a law which allows up to 12 hours a day. He noted that law went into effect in 1996. Representative Vezey said Arizona has an eight hour day mine law and has approximately four underground mines. Nobody wants to change the laws in Arizona. He noted the mines in Arizona run three eight hour shifts. Representative Vezey said Montana has an eight hour a day mine law and there are two underground mines there. They work 10 or 12 hour shifts and they just ignore the law. Oregon has an eight hour mine law and they have no underground mining there. [End of tape...] TAPE 96-8, SIDE B Number 001 REPRESENTATIVE VEZEY named the ten leading states in underground mining in terms of economic activity, Kentucky, West Virginia, Virginia, Oklahoma, Tennessee, Illinois, Ohio, Colorado, Alabama and Utah. He pointed out that in Colorado, you have to apply to work more than eight hours a day. In Utah you get a permit for working more than an eight hour day. The others have no restrictions. Representative Vezey referred to underground mineral mines and said you have Nevada, Colorado, California, Arizona, Idaho, Montana, New Mexico, Alaska, Texas and Washington. Number 061 CHAIRMAN KOTT noted that the committee has visited the A-J mine in Juneau and got a little bit of a look at what goes on. He said he understands there is another tour being scheduled for March 1, and it will be about a five hour tour. Number 095 DON ETHERIDGE, Alaska District Council of Laborers, came before the committee to testify on HB 311. He said his organization is attempting to work out an agreement with the mining industry. Meetings are scheduled for February 26 and 27, during their national AFL-CIO convention. At that time his organization will come up with an opinion. Currently, they are trying to work out an agreement as to whether they are opposed or if they can work out a compromise agreement with the mining industry. At that time, they will have a position. They currently don't have a set opinion. Number 138 REPRESENTATIVE ROKEBERG questioned whether Mr. Etheridge's organization represents any miners. MR. ETHERIDGE stated there are many laborers working in the underground mines. There are some who are working with contractors that are working subcontractors to mining companies. Number 178 REPRESENTATIVE SANDERS asked Mr. Etheridge if he has an idea as to how many underground mines there are that currently operating in Alaska. MR. ETHERIDGE indicated he didn't, but stated he is sure he could get the information to the committee. Number 193 REPRESENTATIVE VEZEY said you have Greens Creek. There is the Nix and Fork located near McGrath which is an underground mine that produces gold. There is Illinois Creek near Galena which will be an underground mine if it ever gets into production. He pointed out there is an unclassified number of underground placer mines. There may be about five or six which are very small and seasonal operations. REPRESENTATIVE SANDERS said if the bill were to pass, it would apply to all the underground mining in the state including placer mines. REPRESENTATIVE VEZEY said that is correct. Number 270 JOE THOMAS, Laborers Local 962, Fairbanks, was next to come before the committee. He informed the committee his union does have one contract with a placer miner in the Fairbanks area. They have contractors working along the lines of the development of the mines and not necessarily the underground work. Mr. Thomas said his concern is with the conditions and the safety of the workers in the mines. Whether they belong to unions or not is another question. Besides just changing the law, people need to look at the safety aspects of the mines. There are a lot of things that need to be taken into consideration when working underground such as the quality of the air. A lot of mining in this country, the smaller mines, is done during certain times of the year because of the whether conditions. Mr. Thomas said his organization is meeting with the industry to see if something can be worked out that would be acceptable to cause them to possibly support a change in the hours that are worked. He said he would like to know about what other states requirements are in that if they allow longer hours. Some states allow permits and the permit is based on the mine inspection that is done, how frequently it is done, the equipment used, the air quality, etc. Mr. Thomas indicated he has had brief conversations with people, particularly those who represent mines, and they are very careful in the writing of their contract to ensure the safety aspects. Number 380 CHAIRMAN KOTT asked if there has been studies that looked at the physiological effects on individuals that have worked in mines. MR. THOMAS explained he has spoke to some people and they have told him that the aspect of working underground as it compares with working above ground, eight hours is not necessarily eight hours. When you're underground, time seems to be a different element. He noted mines are operated in different fashions. Number 442 REPRESENTATIVE ROKEBERG referred to tunneling and asked if tunneling activities are done under the auspices of a laborer union. MR. THOMAS said Snettisham was built that way and some of the dams in Southeast Alaska were also done that way such as Greens Creek and Bradley Lake. REPRESENTATIVE ROKEBERG questioned whether most of the people involved in tunneling are in a labor union. MR. THOMAS clarified in the construction and labor unions, but not all would be. Representative Rokeberg asked Mr. Thomas if his union objects to working more than eight hours a day if the work occurs on the surface. Mr. Thomas indicated they normally don't object. REPRESENTATIVE ROKEBERG asked Mr. Thomas if they have surveyed the underground miners regarding the issue. MR. THOMAS said he has and most of the people he has spoke with have the same concern, it depends on the condition of the mine and how responsive the owner is to the safety questions that arise. Some of the people he spoke to won't work for some people, simply because they don't pay any attention to safety, lighting and air being the big items. Representative Rokeberg said Mr. Thomas' answer seems to imply that there are operations in the state that may be unsafe. Mr. Thomas said there are places he wouldn't go. REPRESENTATIVE KUBINA referred to Section C and said rather than repealing those three sections of the law to include an exemption, those sections could be waived through a collective bargaining agreement. That way it would be left open for the owners of the mines to work with their employees on the things that are being addressed, rather than repealing it outright. Number 583 REPRESENTATIVE PORTER said he'd prefer to repeal the whole section and let labor and management work out their agreements. He suggested taking labor agreements totally out of statute. REPRESENTATIVE ELTON said he isn't sure what Representative Porter said. REPRESENTATIVE PORTER said it is his understanding that the tunneling at Snettisham does not have a restriction of eight hours and as far as he knows, either they haven't seen fit to use ten hours or they have and it hasn't been a problem. MR. THOMAS explained the employees did work longer hours. They did it under a union agreement. Therefore, the union was able to negotiate the conditions that the people would work. REPRESENTATIVE PORTER again stated he doesn't like to see these types of things in statute. He thinks the process works just fine between labor and management until the legislature gets involved. REPRESENTATIVE ELTON said he agrees with Representative Porter. As long as the legislature doesn't get in to position where the statutes are being repealed and then there is no forum under which to come to those mutually beneficial type of agreements. If the legislature repeals the statutes and doesn't provide for that alternative forum, he would have some concern. There wouldn't be an even playing field as there wouldn't be the forum in which the working conditions could be discussed. Number 696 REPRESENTATIVE ROKEBERG said the committee's discussion makes an assumption that there will be a collective bargaining agreement in place and it doesn't provide for a nonunion shop operation. That would be the need for having a statute. REPRESENTATIVE ELTON said if there is no bargaining agreement, the hours would be limited to eight hours underground. The statute would provide that is the maximum amount of hours unless the parties are operating under a collective bargaining agreement. Number 741 REPRESENTATIVE PORTER referred to the federal FLSA laws and said if this statute wasn't in place, wouldn't that require an exception for a ten hour day. MR. THOMAS said he could say specifically, but there is a federal mine person in Juneau who would better be able to answer the question. CHAIRMAN KOTT closed the public hearing HB 311 and announced the bill would be held. HB 253 - BAN CRAFT BUYING ON LIQUOR PREMISES Number 882 CHAIRMAN KOTT announced the committee would hear HB 253, "An Act relating to the purchase of authentic Native handicrafts on certain licensed premises; and providing for an effective date." MARY SATTLER, Legislative Intern to Representative Nicholia, Alaska State Legislature, said the bill was initiated because of a concern regarding the sale of authentic Native handicrafts on all premises that hold beverage dispensary licenses. Entrepreneurs, bar patrons and tourists often take advantage of intoxicated artists. Artists cannot make astute business decisions when they are intoxicated. Artists are most often taken advantage of when under the influence of alcohol and, as a result, the selling price of the art is far below the markup price. Ms. Sattler explained an artist can spend so much time on an individual piece of art, that selling the art far below its value is like throwing the artist's talent away. Furthermore, this type of activity puts enough money in the intoxicated person's pockets to allow them to continue abusing alcohol. As well as supporting alcohol abuse, this activity is degrading to the aesthetic value of the art and the artist. Ms. Sattler explained the bill is still being reviewed by the Department of Law and the Department of Public Safety. MS. SATTLER offered that many of the people engaged in the dialogue of the bill came into the picture very recently and there wasn't time to incorporate all of the changes that are being requested. One of the main changes being reviewed relates to broadening the bill to include all handicrafts and not just authentic Native handicrafts. The concern, however, is the bill deals with criminal statutes and people want to have a more focused definition of the word "handicraft." She noted there is a statute that does describe and define "authentic Native handicrafts," but as the deputy commissioner of the Department of Public Safety said, it would be hard for a police officer to go into a bar and know exactly what a handicraft consists of. Number 1038 MS. SATTLER referred to the penalties that would be placed on the buyer, seller and bar owner, and said Anne Carpeneti from the Department of Law is helping with that issue. The penalties would be a class B misdemeanor for the first offense and a class A misdemeanor for the second offense instead of the way it is stated on page 1, line 10. CHAIRMAN KOTT asked Ms. Sattler if she knows of any instances where this provision has been applied. MS. SATTLER responded in the negative. CHAIRMAN KOTT asked if there is a problem or are we trying to be proactive. MS. SATTLER said there is a serious problem. Anyone who has gone to the Iditarod, who has gone into a bar, may have seen this happening. She noted a number of artists have even approached her pulled art work out of their sleeve or pocket and tried to sell it to her. A bar is one of the places they do a lot of business, especially after hours when they are looking for money to buy alcohol and the stores they sell to are closed. Number 1118 REPRESENTATIVE ROKEBERG pointed out that along the road systems in the state, there are road houses that consist of restaurants or cafes, that perhaps have a liquor license, and also have gift shops. He said he thinks the bill is very short sided in the sense that it would restrict the sales and the sales opportunity, not only of Native art and handicrafts, but any handicrafts. He said he could be sympathetic to the problem in the more rural areas of the state. MS. SATTLER said that is another area of the bill they are trying to iron out. She said the basic concern is when you're in a bar. She noted the Hilton and Captain Cook, in Anchorage, have licenses to sell and they also have shops. REPRESENTATIVE ROKEBERG said he is sure that all the better artists in the state would be very upset if the bill were to pass in its current form. Number 1225 ANNE CARPENETI, Assistant Attorney General, Central Office, Criminal Division, Department of Law, said the department is concerned about the criminal provisions of the bill in its current form. Generally, the department would prefer focusing on this particular conduct in terms of the license of the operator of the establishment, but if you were going to establish new crimes to outlaw this type of behavior, the department would prefer to see they are in the general terminology of our criminal statutes. She said for the first offense, they would suggest a misdemeanor violation. It is not necessary and is not advisable to make a separate section prohibiting a person who is not an individual from committing the conduct. There are current sentencing statutes that provide for increased fines for offenders who are not individuals and who are working in groups of two or more. She noted you can't put an organization in jail anyways. Ms. Carpeneti said it would be the Department of Law's recommendation to make it one offense for all people which is what the criminal statutes currently do. Then if you want to have two levels of offense in making the first offense a violation and the second a B misdemeanor, or whichever level is best. Number 1322 CHAIRMAN KOTT asked if the bill applies to patrons purchasing, but does not address the seller. MS. CARPENETI said it is her understanding that it applies to both. CHAIRMAN KOTT said there are problems with the bill and it is his intent to hold the bill over in order to address some of the issues expressed by the Department of Law. Number 1385 REPRESENTATIVE PORTER explained he has some problems with the general idea of the bill. He said he is extremely sympathetic to the concern. Representative Porter informed the committee that he has a concern that we would be making a violation or a crime out of something that a patron would be looking at as a kind act. He said he would really have a problem in making it a criminal offense for the person we're trying to assist if it is that the handicraft artist needs that assistance. He said he would really have a problem with a patron who, when you think about it, who could be suffering from the kind of problem and pay twice as much as they should have. Number 1482 REPRESENTATIVE KUBINA said he is also sympathetic. He noted he has been in a spot where he has been offered carved ivory in a bar where somebody was obviously selling it cheaper than what it was worth. He said he has also been in a spot where people have come around the schools and were offering a good deal because they needed money for some reason. Representative Kubina said he isn't sure how to address the issue, but he sort of agrees with Representative Porter. He isn't sure this is the way to correct the problem. REPRESENTATIVE ELTON suggested holding the bill in committee until the sponsor and other people involved have agreed on an a appropriate approach. CHAIRMAN KOTT said it is his intent to hold the bill. REPRESENTATIVE PORTER pointed out that currently a proprietor can preclude someone from being on their premise for any legitimate reason and pestering customers is a legitimate reason. REPRESENTATIVE ELTON said he can remember a specific case in which a proprietor was taking advantage of a person and getting a lot of ivory in exchange for drinks. There was a serious problem. REPRESENTATIVE PORTER said he thinks the law now precludes that kind of thing from happening. CHAIRMAN KOTT closed the public hearing on HB 253 and announced the bill would be held. HB 435 - STATE TRAINING & EMPLOYMENT PROGRAM Number 1847 CHAIRMAN KOTT announced the committee would hear HB 435, "An Act relating to employment contributions and to making the state training and employment program a permanent state program; and providing for an effective date." He said the bill was introduced by the Administration and deals with state training in the employment program. At the last hearing on the measure, there was testimony given by the Department of Labor suggesting the bill is a good bill. Number 1889 DWIGHT PERKINS, Special Assistant, Office of the Commissioner, Department of Labor, explained the bill relates to a pilot program that has operated over the last six years very successfully. He encouraged the committee to give the bill their consideration and to institutionalize the program. CHAIRMAN KOTT referred to the word "institutionalize" and said Mr. Perkins doesn't mean to lock the bill up. MR. PERKINS said he would like the program to be a permanent program. He noted the committee members have in their packets a copy of the program's executive summary which talks about the program since its inception. In the second half of 1989 (Fiscal Year 90), and July of 1994, State Training Employment Program spent $9.79 million towards providing training and services to 4,890 individuals. The program is paid for by the working employees, 1/10 of 1 percent is deducted and .5 percent of the ESD goes towards that. There are no general fund or federal monies appropriated to the program. The program helps to upgrade employee's skills. CHAIRMAN KOTT asked why we should force the employed, who likely paid for their own training, to subsidize the training of others, the unemployed. Number 2223 MARK MICKELSON, Manager, JTPA/SDA Program, Division of Community and Regional Development, Department of Community and Regional Affairs (DCRA), came before the House Labor and Commerce Committee. He referred to the question of why should there be a subsidy, an opportunity, a fund, to provide for additional training and said the answer, in his mind, is fairly simple. It is because most people are not saving for training for themselves, and many employers don't have funds dedicated for training. The STEP Program has been both employer friendly and employee friendly, in the sense that it has provided an incentive and an opportunity for many people and businesses to invest in additional skills and work force readiness for the Alaskan work force. The STEP Program has provided training for over 5,000 people. In many cases, it has been for Alaskans to upgrade their skills to make them more competitive against out-of-state job seekers. He referred to the Fisheries Community Development Program and said they made a significant difference in providing training for hundreds of rural Alaskans to be competitive in the bottom fish offshore industry. They have done some very innovative things with trades in respect to providing incentive for outreach and recruitment, pre- apprenticeship work in rural areas where traditionally the trades have not had a very strong presence. It is an incentive that essentially rewards work. Mr. Mickelson said it is not, in any way, a duplication of existing programs. The federal commitment to employment and training is very meager and is getting slimmer. He said he is anticipating about a 30 percent reduction this year with the federal commitment under the JTPA Program. The STEP Program has been a very flexible and adaptable program because the department gets to write the regulations. Mr. Mickelson said in 1988, the legislature did a good job in researching other states and how programs were structured. It is an effective tool to promote more Alaskan hire and greater skills. Number 2442 REPRESENTATIVE PORTER asked how the program is funded. He also asked how an employee or employer who is interested in having additional training for employees would go about getting into the program. [End of Tape...] TAPE 96-9, SIDE A Number 001 [Part of Mr. Mickelson's response wasn't recorded during the changing of the tape.] MR. MICKELSON explained the maximum an employee contributes to the program is approximate $24 for a year. The $24 does not impact an employee's benefits. He referred the question of how an employer or employee would access the fund and said the money is currently provided down through the employment training structure in the state. Currently, there are three service delivery areas. There is an Anchorage Mat-Su consortium that is administered by the municipality of Anchorage. There is a Fairbanks Private Industry Council. There is then a balance of state or statewide. He referred to the rural areas of the state and said that has been the DCRA's area of operations. Once the department receives the grant, they make funds available, generally through a competitive solicitation to the businesses, the educational agencies and to individuals who are seeking assistance. So any individual who becomes unemployed, goes in unemployment insurance, will be advised of this in the employment service offices. They will be made aware of these services by any educational agency providing the service and by word of mouth. MR. MICKELSON noted the program could be applied in Pelican since the cold storage closed. He noted staff will be sent there to have discussions about possible resources, and STEP might be one resource if there is inadequate federal money to provide help. He noted he has had discussions with staff in the DCRA Interior office with respect to providing additional training in the mining industry. REPRESENTATIVE PORTER asked if the training is available just to people who are unemployed or if it is available for upgrading employed people's skills. MR. MICKELSON explained there is an eligibility criteria that allows training for those who have exhausted unemployment insurance benefits. Another criteria is for those who may be facing a potential layoff due to plant closure, technological changes or advances, etc. Mr. Mickelson said an employer could approach the department and ask for assistance to retain staff if they could identify a specific training need that was appropriate. Number 332 CHAIRMAN KOTT asked what the ceiling is that an employee pays. MR. MICKELSON said he believes it is in the neighborhood of $24. CHAIRMAN KOTT said he remembers it being a very small amount. He said he thinks that ceiling is reached for an employee who makes about $11,000. Number 413 REPRESENTATIVE ROKEBERG referred to page 8 of the Executive Summary and said it appears there are a number of construction trade type occupations that were covered by the STEP Program, including painters, electricians, plumbers, pipe steam fitters, carpenters, roofers and sheet medal workers. He asked if this isn't something that the craft councils of the various unions provide their employees. He asked if the DCRA is duplicating something or if they are subsidizing the unions. MR. MICKELSON said the organized trades tend to have very well structured and organized training modules and components. If they want to be included, they have to make a case for need. Mr. Mickelson said from his own personal experience, the painters were never going to go into places like Kotzebue, etc., to recruit and provide training for people. They didn't have it within their budget. That type of threshold of need is required before the department would select them for training. He said he believes Anchorage and Fairbanks has similar criteria in that they are not going to provide unlimited subsidizes to organizations that are already covered. REPRESENTATIVE ROKEBERG asked if these people are getting jobs and where are they going. MR. MICKELSON said he believes that in the overall report there are some result summaries that do indicate that the program is working. Of course on an individual bases, there may be times when an individual does not become employed. He said the DCRA's expectation is that they'll return to work. The expectation of the program is that there will be a reduced demand on the unemployment insurance trust fund. He said he believes that after six years of operation, the evidence suggests that the program is working. Number 615 REPRESENTATIVE ROKEBERG asked how most of the training is conducted. He questioned whether it is conducted through vocational education schools or with employers. MR. MICKELSON said the training is provided under all those methodologies. Programs such as "On the Job Training" have been offered directly with private employers. There have been programs offered through existing educational agencies such as the Alaska Vocational Technical Center in Seward, branches of the university, unions, companies themselves, etc. There is multitude of delivery methodologies and options. CHAIRMAN KOTT noted the committee has been given an updated fiscal note. Number 840 REPRESENTATIVE ELTON made a motion to pass HB 435 out of the House Labor and Commerce Committee with attached fiscal notes and individual recommendations. REPRESENTATIVE PORTER said another way of describing HB 435 is a mini dedicated state income tax. Since it does seem to be doing some good, he stated he wouldn't object to moving the bill. REPRESENTATIVE ROKEBERG asked if he is correct in assuming that the fiscal note is a wash and it wouldn't affect the general fund budget. MR. PERKINS said Representative Rokeberg is correct as there are no additional general funds or federal funds in the program. CHAIRMAN KOTT said there is a motion before the committee to move HB 435. Hearing no objection HB 435 was moved out of the House Labor and Commerce Committee. HB 266 - HEALTH CARE PREFERRED PROVIDER PROGRAMS Number 1011 CHAIRMAN KOTT announced the last order of business to come before the committee was HB 266, "An Act relating to preferred provider agreements offered by hospital or medical service corporations." He said Representative Rokeberg had been working on a committee substitute during the interim in a subcommittee. He said he would like him to briefly report the committee substitute back to the main committee. REPRESENTATIVE ROKEBERG said he would offer for the consideration of the House Labor and Commerce Standing Committee, to move from the subcommittee back to the full committee, a committee substitute for HB 266, dated 9/18/95, 9LS0593/G Ford. Representative Rokeberg made a motion to adopt CSHB 266(L&C). CHAIRMAN KOTT said there was a committee substitute prepared during one of the interim meetings held on this matter. A quorum wasn't present to adopt the committee substitute. CHAIRMAN KOTT asked if there was an objection to adopting the committee substitute. Hearing none, it was so ordered. ADJOURNMENT CHAIRMAN KOTT adjourned the House Labor and Commerce Committee meeting at 5:07 p.m.