Legislature(2013 - 2014)CAPITOL 120
02/19/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB47 | |
| HJR18 | |
| HJR1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 18 | TELECONFERENCED | |
| + | HJR 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 47 | TELECONFERENCED | |
HB 47-INJUNCTION SECURITY: INDUSTRIAL OPERATION
1:41:57 PM
CHAIR KELLER announced the first order of business would be
House Bill 47, "An Act requiring a party seeking a restraining
order, preliminary injunction, or order vacating or staying the
operation of a permit affecting an industrial operation to give
security in the amount the court considers proper for costs
incurred and damages suffered if the industrial operation is
wrongfully enjoined or restrained."
CHAIR KELLER advised that the version of HB 47 before the
committee is labeled 28-LS0072\N, Bullock/Wallace, 1/10/14, and
there were [four] amendments.
1:43:58 PM
CHAIR KELLER closed public testimony.
1:44:05 PM
The committee took a brief at-ease.
1:46:56 PM
REPRESENTATIVE MILLETT, noting that Amendment 1 was a suggestion
of the court system, moved that the committee adopt Amendment 1,
labeled 28-LS0072\N.1, Wallace, 2/18/14, which read:
Page 1, line 11:
Delete "The"
Insert "Upon request of any party and when that
party presents evidence, the"
CHAIR KELLER objected for purposes of discussion.
1:47:23 PM
REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, speaking as
one of the joint prime sponsors, remarked that the court has no
[avenue] to [acquire] the information necessary to determine the
amount of the security bond unless it requests the information
from the affected individuals, contractors and/or sub-
contractors.
CHAIR KELLER, noting his understanding that the Alaska Court
System is happy with Amendment 1, withdrew his objection. There
being no further objection, Amendment 1 was adopted.
1:48:34 PM
REPRESENTATIVE GRUENBERG moved that the committee adopt
Amendment 2, labeled 28-LS0072\N.2, Wallace, 2/18/14, which
read:
Page 1, line 7:
Delete "A"
Insert "Unless exempt under AS 09.68.040(a), a"
REPRESENTATIVE MILLETT objected for discussion.
REPRESENTATIVE GRUENBERG explained that Amendment 2 clarifies
that the state and municipalities are exempt under state law and
are not required to submit a bond when seeking an injunction, as
is the case now.
REPRESENTATIVE FEIGE said he had no objection to Amendment 2.
REPRESENTATIVE MILLETT removed her objection. There being no
further objection, Amendment 2 was adopted.
1:49:50 PM
REPRESENTATIVE GRUENBERG moved that the committee adopt
Amendment 3, labeled 28-LS0072\N.5, Wallace, 2/18/14, which
read:
Page 1, line 9:
Following "security":
Insert ","
Following "proper":
Insert ","
REPRESENTATIVE MILLETT objected for discussion purposes.
REPRESENTATIVE GRUENBERG explained that Amendment 3 does not
change Civil Rule 65(c), and simply corrects a typographical
error such that the commas in Civil Rule 65(c) are maintained in
the legislation.
REPRESENTATIVE MILLETT removed her objection. There being no
further objection, Amendment 3 was adopted.
1:51:29 PM
REPRESENTATIVE GRUENBERG moved the committee adopt [Conceptual]
Amendment 4, as follows [original punctuation provided]:
page 1 line 11 after "restrained"
delete "The" and insert
"As one relevant factor the"
REPRESENTATIVE MILLETT objected for discussion purposes.
1:52:12 PM
REPRESENTATIVE GRUENBERG related his understanding that the
purposed of HB 47 is to require the court to consider as a
relevant factor the amount of wages and benefits for employees
and payments to contractors and sub-contractors of the
industrial operation. He related his further understanding that
HB 47 is not to impinge on the court's authority to consider
whatever is relevant. Amendment 4 clarifies that "as one
relevant factor" the court shall consider that.
REPRESENTATIVE FEIGE said he had no objection to [Conceptual]
Amendment 4.
1:54:09 PM
REPRESENTATIVE MILLETT pointed out that the handwritten
amendment specifies that it's conceptual. She then asked
whether Representative Gruenberg wanted the amendment to be
conceptual to allow Legislative Legal Services to adapt the
language or did he want to only use the language specified in
the handwritten amendment.
REPRESENTATIVE GRUENBERG replied that unless there is an
overriding grammatical reason, the language written in Amendment
4 should be used.
1:54:37 PM
The committee took a brief at ease.
1:55:35 PM
REPRESENTATIVE GRUENBERG [amended his motion] such that he moved
that the committee adopt [New] Amendment 4, as follows:
Page 1, line 11, after the word "restrained."
Insert "As one relevant factor"
REPRESENTATIVE MILLETT removed her objection. There being no
further objection, [New] Amendment 4 was adopted.
1:56:28 PM
The committee took a brief at-ease.
2:01:03 PM
REPRESENTATIVE MILLETT, noting she is a co-sponsor of HB 47,
stated she fully supports the bill and moving it today, if it is
the will of the committee.
2:01:45 PM
REPRESENTATIVE LYNN moved to report CSHB 47, Version 28-
LS0072\N, Bullock/Wallace, 1/10/14, as amended, out of committee
with individual recommendations and the attached zero fiscal
notes. There being no objection, CSHB 47(JUD) was reported from
the House Judiciary Standing Committee.
2:02:32 PM
The committee took an at-ease at 2:02 until 2:06 PM.