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                                                                     
                                                                                                                                
2:14:40 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                                                                                                                    
                                                                                                                                
MR.  METCALF  (ph), 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 [copy  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 [copy                                                                  
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                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX requested an explanation of the term "wage                                                                  
theft."                                                                                                                         
                                                                                                                                
MR. METCALF answered that this concerns workers being                                                                           
misclassified in order to manipulate wages.                                                                                     
                                                                                                                                
REPRESENTATIVE PRAX questioned which group of employers this                                                                    
would apply to, 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