Legislature(1995 - 1996)
1996-04-17 Senate Journal
Full Journal pdf1996-04-17 Senate Journal Page 3344 HB 311 Senator Duncan requested that the reconsideration on CS FOR HOUSE BILL NO. 311(JUD) am S An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine; and providing for an effective date be taken up at this time. 1996-04-17 Senate Journal Page 3345 HB 311 CS FOR HOUSE BILL NO. 311(JUD) am S was before the Senate on reconsideration. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Senator Halford objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Duncan offered Amendment No. 4 : Delete AS 23.10.410(f) - (g): Insert new subsections to AS 23.10.410 to read: "(f) The department may revoke a variance granted under (d) of this section or reduce the 10-hour limitation on hours of work set in (a) of this section to eight hours if the department finds that (1) a significant violation of state or federal law has occurred at the mine relating to health and safety; (2) the employer has not abated the hazard causing the violation after receiving notice from the commissioner and an opportunity to cure the problem; (3) the reduction of hours of work is necessary to protect the health and safety of the miners; and (4) the reduction of hours of work is in the best interest of the resident workers of the state. (g) An employer that has abated a hazard that was the cause of a violation described in (f)(1) of this section may notify the department of the abatement. The department shall reinstate the variance or remove the reduction of hours, as appropriate, within 30 days after receiving the notice from the employer if the department finds that the hazard has been abated." Following sec. 2 of CSHB 311(JUD) am S, insert a new bill section to read: "* Sec. 3. The provisions of this Act are severable under AS 01.10.030." Renumber the following bill section. 1996-04-17 Senate Journal Page 3346 HB 311 Senator Duncan moved for the adoption of Amendment No. 4. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 311(JUD) am S Second Reading Amendment No. 4 YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Zharoff Nays: Green, Halford, Rieger, Torgerson Excused: Taylor and so, Amendment No. 4 was adopted. CS FOR HOUSE BILL NO. 311(JUD) am S was automatically in third reading. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 311(JUD) am S An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 311(JUD) am S Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Donley, Ellis Excused: Taylor 1996-04-17 Senate Journal Page 3347 HB 311 and so, CS FOR HOUSE BILL NO. 311(JUD) am S passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.