Legislature(2005 - 2006)CAPITOL 17
02/15/2006 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) || Commissioner, Department of Commerce, Community, & Economic Development || Alcoholic Beverage Control Board | |
| HB338 | |
| HB402 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 338 | TELECONFERENCED | |
| *+ | HB 402 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 338-CERTIF. OF FITNESS FOR EXPLOSIVE HANDLERS CHAIR ANDERSON announced that the next order of business would be HOUSE BILL NO. 338, "An Act relating to applications, qualifications, and criminal history and background checks for a certificate of fitness for explosives handlers; and providing for an effective date." 3:59:02 PM LALANYA SNYDER, Staff to Representative Mike Chenault, Alaska State Legislature, sponsor, informed the committee that since the last hearing on HB 338, some of the member's concerns have been discussed and a committee substitute (CS) has been drafted to address these concerns. 4:00:09 PM REPRESENTATIVE CRAWFORD moved to adopt CSHB 338, Version 24- LS1380\G, Mischel, 2/11/06, as the working document. There being no objection, Version G was before the committee. REPRESENTATIVE CRAWFORD stated that he had concerns regarding the "default point" for a felony being set at 10 years. He opined that the [10-year time period] did not achieve what the [Department of Labor & Workforce Development (DLWD)] intended. He explained that the CS gives the department the ability to check fingerprints for terrorist watch. He referred to Section 4 of the CS, which read: (b) The department shall establish in regulation standards of competency based on training, experience, criminal history and background checks, and physical fitness for the issuance of a certificate of fitness. REPRESENTATIVE CRAWFORD said " ... I believe that takes into consideration all the ... concerns of the department and gets to the crux of the bill." 4:02:19 PM TOM BRICE, Alaska District Council of Laborers (ADCL), explained that the ADCL is a union that represents many blasters. He expressed support for HB 338. 4:03:16 PM GREY MITCHELL, Director, Central Office, Division of Labor Standards & Safety, Department of Labor & Workforce Development (DLWD), in response to questions from Representative Rokeberg, explained that the DLWD is currently working with members of the industry in order to establish regulatory standards. He stated that this provision allows the department to include the affected parties in establishing what the standards need to be. REPRESENTATIVE ROKEBERG surmised that if the department decided to put a 10-year look back in the regulations, it could do so. MR. MITCHELL replied that this is true. REPRESENTATIVE CRAWFORD stated his understanding that the 10- year look back would not be used as a benchmark. REPRESENTATIVE ROKEBERG asked for more detail regarding the nature of the regulations. MR. MITCHELL replied that the Bureau of Alcohol, Tobacco & Firearms has established "pretty good" guidelines, which provide a good framework. He opined that by using the industry information given during the regulation process, the end result will be "good." 4:05:27 PM CLIFF HUSTEAD, Chief, Consultation & Training, Department of Labor Standards & Safety, Department of Labor & Workforce Development (DLWD), commented that the regulations will address any concerns. REPRESENTATIVE LYNN asked if the regulations would cover concerns regarding Version 24-LS1380\A. MR. MITCHELL answered that this is correct. In response to additional questions from Representative Lynn, he explained that the department would look at different types of felonies in order to decide which felonies would create the most concern. He added that some felonies may require a longer [look back] time than others, and this will allow the department to narrow which felonies may create a problem. This will allow the department flexibility in order to protect public safety in a more complete way. REPRESENTATIVE LYNN asked what kind of felony reflects a "responsible individual." MR. MITCHELL replied that the department is looking at felonies involving violence against individuals or property. CHAIR ANDERSON mentioned an example of an individual who hunted without a license, which for a one-year period was considered a felony. However, now it is a misdemeanor. He commented that this "is not like a rape or a murder." REPRESENTATIVE LYNN expressed concern that all felonies indicate irresponsibility on some level, adding that he would like to see "very strict" regulations in order to "cover the issues." MR. MITCHELL replied that the department will keep this in mind [during the regulatory process]. 4:08:36 PM REPRESENTATIVE LYNN moved to report CSHB 338, Version 24- LS1380\G, Mischel, 2/11/06, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 338(L&C) was reported from the House Labor and Commerce Standing Committee.
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