Legislature(2023 - 2024)ANCH LIO DENALI Rm

12/05/2023 02:00 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 115 NATUROPATHS: LICENSING; PRACTICE TELECONFERENCED
Heard & Held
+= HB 100 PAID FAMILY LEAVE TELECONFERENCED
Heard & Held
*+ HB 186 VOLUNTEER LABOR COMPLIANCE OFFICER PRGM TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 119 MARIJUANA TAX TELECONFERENCED
Heard & Held
         HB 186-VOLUNTEER LABOR COMPLIANCE OFFICER PRGM                                                                     
                                                                                                                                
2:14:31 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER  announced that the  next order of business  would be                                                              
HOUSE  BILL  NO.   186,  "An  Act  relating  to   volunteer  labor                                                              
compliance officers; and providing for an effective date."                                                                      
                                                                                                                                
2:15:06 PM                                                                                                                    
                                                                                                                                
BIENVENIDO  "BEN"  METCALF, Staff,  Representative  Jesse  Sumner,                                                              
Alaska  State Legislature,  on behalf  of the  sponsor, the  House                                                              
Labor  and  Commerce  Standing Committee,  presented  HB  186  and                                                              
paraphrased  the  sponsor  statement [included  in  the  committee                                                              
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     In  Alaska,  the construction  industry  plays  a  vital                                                                   
     role  in  our  state's  economy,  employing  hardworking                                                                   
     individuals   who   contribute   to   the   growth   and                                                                   
     development  of our  communities.  While many  employers                                                                   
     treat  their  workers  fairly,  some  engage  in  unfair                                                                   
     practices  that  harm  workers.  Wage  theft  remains  a                                                                   
     persistent  issue,   impacting  countless   workers  who                                                                   
     rightfully   deserve   fair   compensation   for   their                                                                   
     efforts.  To  address  this   problem,  House  Bill  186                                                                   
     proposes  the creation of  a Volunteer Labor  Compliance                                                                   
     Officer  Program,  aimed at  promoting  compliance  with                                                                   
     Alaska's  labor  laws,  educating  workers  about  their                                                                   
     rights,   and   harnessing   the  power   of   community                                                                   
     volunteers   to   ensure    a   fair   and   competitive                                                                   
     construction industry.                                                                                                     
                                                                                                                                
     The creation  of a statewide Volunteer  Labor Compliance                                                                   
     Officer Program will serve multiple purposes:                                                                              
                                                                                                                                
          1.  Provide   Technical  Assistance   and  Support:                                                                   
          Contractors   and   subcontractors   will   receive                                                                   
          technical   guidance   to  ensure   proper   worker                                                                   
          classification and adherence to Alaska's labor                                                                        
          laws.                                                                                                                 
                                                                                                                                
          2. Empower  Workers: More workers will  be educated                                                                   
          about    their   wage-related   rights,    ensuring                                                                   
          awareness of their entitlements.                                                                                      
                                                                                                                                
          3.   Leverage  Community   Volunteers:   Authorized                                                                   
          community volunteers  will be trained  to interview                                                                   
          workers  at worksites  concerning wages,  benefits,                                                                   
          and  hours,  reducing   the  burden  on  government                                                                   
          resources, and fostering labor law compliance.                                                                        
                                                                                                                                
          4.  Reduce  the  Budget:   Alleviate  state  budget                                                                   
          pressures  while  enhancing labor  law  enforcement                                                                   
          in Alaska's construction industry.                                                                                    
                                                                                                                                
     Creating  a   new  program  like  the   Volunteer  Labor                                                                   
     Compliance  Program raises  the ceiling  by lifting  the                                                                   
     floor, ensuring  that workers  are protected on  the job                                                                   
     while  simultaneously  promoting   economic  development                                                                   
     and  growth within  our  state. By  ensuring  compliance                                                                   
     with   labor   standards,    we   can   prevent   unfair                                                                   
     competition  resulting from  unscrupulous employers  who                                                                   
     exploit  workers and  undermine responsible  businesses.                                                                   
     This  will create  an environment  that encourages  fair                                                                   
     and  ethical practices,  fostering  healthy  competition                                                                   
     and  attracting  businesses  that prioritize  the  well-                                                                   
     being of their workforce.                                                                                                  
                                                                                                                                
     In conclusion,  we urge you to support and  champion the                                                                   
     passage of  House Bill 186  to create a Volunteer  Labor                                                                   
     Compliance Officer  Program in Alaska. By doing  so, you                                                                   
     will  demonstrate  your  commitment  to the  rights  and                                                                   
     well-being  of workers, the  promotion of fair  business                                                                   
     practices, and the overall prosperity of our state.                                                                        
                                                                                                                                
2:18:42 PM                                                                                                                    
                                                                                                                                
MR. METCALF paraphrased the sectional analysis of HB 186                                                                        
[included in the committee packet], which read as follows                                                                       
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1:  Adds new Article  to AS 23.05 directing  the                                                                   
     Department  of   Labor  and  Workforce   Development  to                                                                   
     create  a  Volunteer Labor  Compliance  Officer  Program                                                                   
     for  said volunteers  to inspect  construction sites  in                                                                   
     order  to document  compliance  with  state labor  laws.                                                                   
     The  Department  of  Labor   and  Workplace  Development                                                                   
     through the  Volunteer Labor Compliance  Officer Program                                                                   
     will  ensure  the  state  has   a  roster  of  qualified                                                                   
     individuals   to   inspect    constructions   sites   by                                                                   
     providing   the  proper   training,  safety   equipment,                                                                   
     granting  them the  authority  to enter  a worksite  and                                                                   
     inspect   records   outlined   in  AS   23.05.100.   The                                                                   
     Department   will    also   outline   regulations    for                                                                   
     volunteers   such   as  ID   badges,   required   safety                                                                   
     equipment,   as  well   as   specifying  the   insurance                                                                   
     coverage needed by volunteers.                                                                                             
                                                                                                                                
     Article  6  adds  new  statues  to  AS  23.05  outlining                                                                   
     powers  and duties  of  the volunteer  labor  compliance                                                                   
     officer.  These powers  and duties  include the  ability                                                                   
     to access and  inspect a construction site  on behalf of                                                                   
     the   department    and   initiate   labor    compliance                                                                   
     investigation,  require  volunteers to  visibly  display                                                                   
     the Dept.  issued ID card  and wear the required  safety                                                                   
     equipment  on site,  email  a report  of the  Department                                                                   
     visit  within 48  hours, document  that  the officer  is                                                                   
     covered by  workers compensation, and  maintain required                                                                   
     confidentiality.  A volunteer  labor  compliance is  not                                                                   
     allowed  to  be a  state  employee, issue  citations  or                                                                   
     enforce   state  labor   laws.   While  conducting   the                                                                   
     investigation  the  volunteer  is not  allowed  to  wear                                                                   
     attire  of   any  other  organization  other   than  the                                                                   
     department,   disparage  the   employer,  organize,   or                                                                   
     promote  or display  insignia  for any  other entity  or                                                                   
     organization, or preform any type of work outside the                                                                      
     scope of  the volunteer  labor compliance officer  while                                                                   
     acting  the capacity  of  a volunteer  labor  compliance                                                                   
     officer.  Article  6  also  adds  statues  to  AS  23.05                                                                   
     outlining   to  the   department   the  requirements   a                                                                   
     potential candidate  must fill  to be a volunteer  labor                                                                   
     compliance  officer,  and  the  ability  to  permanently                                                                   
     revoke volunteer's badge in certain instances.                                                                             
                                                                                                                                
     Section 2: Provides an immediate effective date.                                                                           
                                                                                                                                
2:21:13 PM                                                                                                                    
                                                                                                                                
MR. METCALF,  in response to  Representative Prax,  explained that                                                              
"wage  theft" concerns  workers  being misclassified  in order  to                                                              
manipulate wages.                                                                                                               
                                                                                                                                
REPRESENTATIVE PRAX  questioned to  which group of  employers this                                                              
would apply, for  example, government contracts or  employers with                                                              
a collective bargaining unit.                                                                                                   
                                                                                                                                
MR.  METCALF  responded that  it  would  apply to  worksites  with                                                              
government   contracts,  worksites   with  collective   bargaining                                                              
agreements,   and   worksites    without   collective   bargaining                                                              
agreements.   In response  to two  follow-up questions  concerning                                                              
how wage theft would  be determined and the scope  of the problem,                                                              
he  stated that  he would  follow  up with  these  answers to  the                                                              
committee.                                                                                                                      
                                                                                                                                
2:24:51 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced that HB 186 was held over.                                                                               
                                                                                                                                

Document Name Date/Time Subjects
HB186 Sponsor Statement.pdf HL&C 12/5/2023 2:00:00 PM
HB 186
HB186 Wage Theft Data.pdf HL&C 12/5/2023 2:00:00 PM
HB 186
HB 115 AK Legislative History.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Education and Scope Comparison 2018.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Additional Authority and Responsibilities (002).pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Naturopathic Medicine Presentation v.2 HHSS.3.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Sectional Analysis Version A.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Why NDs Deserve Broad Prescriptive Authority (3).pdf HL&C 12/5/2023 2:00:00 PM
HB 115
House Bill 115 Sponsor Statement Version A.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 AANMC ND, MD-DO, NP What's the Difference.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Fiscal Note DCCED.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Fiscal Note DPS-SWS.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 How does naturopathic medicine lower health care costs.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Naturopathic Medicine Presentation v.2 HHSS.3.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
HB 115 Support Omnibus.pdf HL&C 12/5/2023 2:00:00 PM
HB 115
DOLWD Letter to House Labor and Commerce 11.2023.pdf HL&C 12/5/2023 2:00:00 PM
HB 186
HB186 Sectional Analysis VersionA.pdf HL&C 12/5/2023 2:00:00 PM
HB 186
B.pdf HL&C 12/5/2023 2:00:00 PM
HB 100
HB 100 Ver B 12.4.2023 PPT.pdf HL&C 12/5/2023 2:00:00 PM
HB 100
HB 100 Ver B Key Highlights, Summary of Changes 12.4.2023.pdf HL&C 12/5/2023 2:00:00 PM
HB 100
HB100 Ver B Sectional Analysis 12.1.2023.pdf HL&C 12/5/2023 2:00:00 PM
HB 100