Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/28/2012 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 190 BIG GAME COMMERCIAL SERVICES BOARD TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= SB 138 THIRD-PARTY CHARGES ON TELEPHONE BILLS TELECONFERENCED
Moved CSSB 138(L&C) Out of Committee
+= SB 157 CANCEL INSUR. ON CERTAIN VACANT PROPERTY TELECONFERENCED
Moved CSSB 157(L&C) Out of Committee
+= SB 116 WORKERS' COMP.: COLL BARGAINING/MEDIATION TELECONFERENCED
Scheduled But Not Heard
+= SB 174 OIL AND GAS INDUSTRY JOB NOTIFICATIONS TELECONFERENCED
Moved CSSB 174(L&C) Out of Committee
         SB 174-OIL AND GAS INDUSTRY JOB NOTIFICATIONS                                                                      
                                                                                                                                
1:44:33 PM                                                                                                                    
CHAIR EGAN announced consideration of SB 174.                                                                                   
                                                                                                                                
1:44:58 PM                                                                                                                    
SENATOR GIESSEL  said she  had submitted an  amendment to  SB 174                                                               
[February 23,  2012 Senate Labor and  Commerce Committee meeting]                                                               
that  included posting  job opportunities  for all  industries in                                                               
Alaska. Its  purpose was  to promote resident  hire on  a broader                                                               
scale to all industries and to  include those who live off of the                                                               
broadband network. Just  posting on the Internet  could exclude a                                                               
lot of people.                                                                                                                  
                                                                                                                                
She  also said  that  while they  are focused  on  the hiring  of                                                               
Alaska  residents,  a  report for  the  Alaska  Training  Program                                                               
called  "Performance   2010"  indicated   that  Kotzebue   has  a                                                               
technical training  center for  these types of  jobs and  only 87                                                               
percent  of  those  students  are  Alaska  residents  (using  the                                                               
Department  of Labor  and Workforce  Development's definition  of                                                               
receiving  a Permanent  Fund Dividend).  The Alaska  Institute of                                                               
Technology's  students  are  80   percent  residents  and  Galena                                                               
Learning Academy  is 50 percent.  It really highlights  what they                                                               
know from being lifelong Alaskans -  that Alaskans are made up of                                                               
both residents  and nonresidents, and many  of those nonresidents                                                               
become residents.                                                                                                               
                                                                                                                                
SENATOR GIESSEL  said the other  interesting thing  that happened                                                               
since  the last  committee meeting  was  that she  listened to  a                                                               
radio interview  of former Representative  Harry Crawford  who is                                                               
from the  State of  Louisiana. In his  interview he  talked about                                                               
coming to  Alaska in 1975  and how  Alaska was a  refuge, because                                                               
when he came, no one asked him where  he was from or who he knew.                                                               
What they asked was "what can  you do." He rapidly received a job                                                               
and  has  been here  ever  since.  That  is  the purpose  of  her                                                               
amendment - to post all  job opportunities regardless of how high                                                               
paying they  are or where they  are offered or what  the industry                                                               
is. She repeated her motion to adopt Amendment 1.                                                                               
                                                                                                                                
                                                 27-LS0967\M.1                                                                  
                                                 Bailey/Wayne                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
     TO: SB 174                              BY SENATOR GIESSEL                                                                 
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "in the oil and gas production industries"                                                                   
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "that"                                                                                                       
          Insert "job opportunity"                                                                                            
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "by oil and gas producer"                                                                                    
                                                                                                                                
     Page 1, line 9:                                                                                                            
          Delete "an oil or gas producer"                                                                                       
          Insert "a for-profit business licensed to do                                                                          
     business in the state"                                                                                                     
                                                                                                                                
     Page 1, line 10:                                                                                                           
          Delete "producer"                                                                                                     
          Insert "for-profit business"                                                                                          
     Page 2, lines 12 - 13:                                                                                                     
          Delete "and notifies job service organizations as                                                                     
     required under AS 43.82.230(b); or"                                                                                        
          Insert "in newspapers in the location where the                                                                       
       work is to be performed and in other publications                                                                        
      distributed throughout the state, including in rural                                                                      
     areas;                                                                                                                     
               (2)  the employer uses Alaska job service                                                                        
     organizations  located  throughout  the state  and  not                                                                    
     just in the location where  the work is to be performed                                                                    
     in  order to  notify  Alaskans  of work  opportunities;                                                                    
     and"                                                                                                                       
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "(2)"                                                                                                          
                                                                                                                                
     Page 2, line 20:                                                                                                           
          Delete ";"                                                                                                            
          Insert "."                                                                                                            
                                                                                                                                
     Page 2, lines 21 - 24:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, line 6:                                                                                                            
          Delete "with oil or gas producers"                                                                                
                                                                                                                                
     Page 4, line 4:                                                                                                            
          Delete "and"                                                                                                      
                                                                                                                                
     Page 4, line 6, following "AS 23.05.095":                                                                              
          Insert "; and                                                                                                     
          (13)  a statement of state and municipal job                                                                      
     opportunities"                                                                                                         
                                                                                                                                
1:48:20 PM                                                                                                                    
SENATOR  PASKVAN objected  because  he thought  it  would put  an                                                               
added  burden on  newspapers and  other publications  distributed                                                               
throughout the state.                                                                                                           
                                                                                                                                
1:49:13 PM                                                                                                                    
SENATOR GIESSEL asked for a roll call vote.                                                                                     
                                                                                                                                
SENATOR DAVIS  said she wanted  to hear the sponsor's  opinion on                                                               
the amendment.                                                                                                                  
                                                                                                                                
1:49:35 PM                                                                                                                    
SENATOR HOLLIS  FRENCH, sponsor of  SB 174, said  Senator Paskvan                                                               
stated his objection, which was the expanding cost.                                                                             
                                                                                                                                
A roll  call vote was  taken. Senator  Giessel voted in  favor of                                                               
Amendment 1  and Senators Menard,  Davis, Paskvan and  Egan voted                                                               
against it. Therefore, Amendment 1 failed by a 1:4 vote.                                                                        
                                                                                                                                
1:50:25 PM                                                                                                                    
SENATOR  PASKVAN  moved to  bring  CS  for  SB 174,  labeled  27-                                                               
LS0967\I, back before the committee for purposes of discussion.                                                                 
                                                                                                                                
CHAIR EGAN objected for discussion purposes.                                                                                    
                                                                                                                                
1:50:36 PM                                                                                                                    
SENATOR FRENCH said  language on page 2, lines 4-5  of version I,                                                               
deleted reference to  the Alaska online public  notice system and                                                               
replaced it  with "Internet-based labor exchange  system operated                                                               
by the department."  It's called ALEXsys and  they were concerned                                                               
that it  could change in the  future. They wanted a  generic name                                                               
so there  wouldn't be a  conflict. Also  on page 2,  lines 16-19,                                                               
the  provisions  of  Alaska  Stranded  Gas  Development  Act  (in                                                               
(d)(2))  were expanded  to include  AS 43.90.130  (15), the  AGIA                                                               
provision.   The AGIA provision  was missed in the  first version                                                               
of  the  bill.   Both  are  local  hire   and  local  publication                                                               
provisions within the two acts.  No changes were made to sections                                                               
2 and  3 and  the online  public notice system  in version  M was                                                               
deleted. The title was amended to  conform to the changes made in                                                               
section 1.                                                                                                                      
                                                                                                                                
CHAIR  EGAN noted  that  Paula  Scavara and  Paul  Dick from  the                                                               
Department of  Labor and Workforce Development  were available to                                                               
answer questions.                                                                                                               
                                                                                                                                
SENATOR MENARD asked if the department liked the bill.                                                                          
                                                                                                                                
1:53:15 PM                                                                                                                    
PAULA  SCAVARA,  Special  Assistant,   Department  of  Labor  and                                                               
Workforce Development  (DOLWD), said the department  believes the                                                               
bill  is redundant,  because any  business can  post jobs  on its                                                               
system  now for  free and  it can  do it  without contacting  the                                                               
department.                                                                                                                     
                                                                                                                                
SENATOR MENARD commented  that redundancy isn't ever  a good idea                                                               
in government.                                                                                                                  
                                                                                                                                
MS.  SCAVARA said  this  bill mandates  that  the information  go                                                               
through  the  commissioner's  office,  which  then  ensures  it's                                                               
posted - plus  other entities have to be notified.  It makes more                                                               
work out of something that is already being done.                                                                               
                                                                                                                                
SENATOR MENARD  asked why the sponsor  is zeroing in on  just one                                                               
industry  and  duplicating  what  is  already  available  to  all                                                               
industries.                                                                                                                     
                                                                                                                                
MS.  SCAVARA added  that not  only does  the department  take job                                                               
postings, they  hold many  job fairs  for other  industries, like                                                               
prior to the  commercial crab season in Unalaska  and the tourism                                                               
industry.                                                                                                                       
                                                                                                                                
1:57:09 PM                                                                                                                    
SENATOR PASKVAN asked if this would change the zero fiscal note.                                                                
                                                                                                                                
MS.  SCAVARA said  that fiscal  note  was for  the online  public                                                               
notice system, which is run  by the Lieutenant Governor's Office,                                                               
and the DOLWD  would have to review the CS  if it passes, because                                                               
it would put them in charge of the notifications.                                                                               
                                                                                                                                
SENATOR  PASKVAN said  his understanding  is that  employers with                                                               
more than 100 employees have the  discretion to use the system or                                                               
not.                                                                                                                            
                                                                                                                                
MS. SCAVARA replied that is correct.                                                                                            
                                                                                                                                
SENATOR PASKVAN  said the bill  would just say uniformly  that if                                                               
there  is a  job,  they  have to  at  least  follow this  minimal                                                               
process at no cost to them.                                                                                                     
                                                                                                                                
MS.  SCAVARA responded  that oil  and gas  producers with  100 or                                                               
more employees would  have to notify the Department  of Labor and                                                               
Workforce  Development, and  then  the department  would have  to                                                               
make the other notifications along with the online posting.                                                                     
                                                                                                                                
SENATOR PASKVAN said that posting  now is at no additional charge                                                               
to the employer.                                                                                                                
                                                                                                                                
MS. SCAVARA replied she couldn't answer that.                                                                                   
                                                                                                                                
SENATOR PASKVAN  said assuming they  use the system  now, posting                                                               
is a voluntary burden.                                                                                                          
                                                                                                                                
MS.  SCAVARA  answered  under  the bill,  they'll  have  to  take                                                               
another step to notify the commissioner's office.                                                                               
                                                                                                                                
2:00:27 PM                                                                                                                    
SENATOR GIESSEL asked if she had today's number of job postings.                                                                
                                                                                                                                
MS. SCAVARA replied  no, but she would get the  number; she added                                                               
that it varies each day.                                                                                                        
                                                                                                                                
SENATOR  GIESSEL  asked  if  she  was  looking  only  at  readily                                                               
identifiable oil  and gas companies  or at support  industries as                                                               
well.                                                                                                                           
                                                                                                                                
MS. SCAVARA  replied that they  looked at  certain classification                                                               
codes  of  jobs  that  include  more  than  just  the  major  oil                                                               
companies, but subcontractors as well.                                                                                          
                                                                                                                                
CHAIR  EGAN  said  because   the  notification  requirement  just                                                               
changes departments, he  thought the fiscal note  should still be                                                               
zero under the CS.                                                                                                              
                                                                                                                                
MS. SCAVARA responded  that she doesn't work with  the data bases                                                               
on a day-to-day  basis. She questioned if the jobs  come in every                                                               
day if they would have to  do the notifications every day or once                                                               
a week. It might require extra staff.                                                                                           
                                                                                                                                
SENATOR GIESSEL opined  that Ms. Scavara was referring  to page 2                                                               
of  the  bill  that  says   the  "commissioner  shall  cause  the                                                               
notification,"  not  that  the companies  would  themselves  post                                                               
these things on the automated system.                                                                                           
                                                                                                                                
CHAIR EGAN agreed  with her and said the  commissioner is causing                                                               
that through ALEXsys now.                                                                                                       
                                                                                                                                
MS. SCAVARA  responded that no  one in the  commissioner's office                                                               
deals  with ALEXsys,  but that  the Employment  Security Division                                                               
works with  that. Right now  a company  enters its own  data, but                                                               
the  way  this   bill  is  written  a  company   would  give  its                                                               
information to the commissioner's office  and they would get that                                                               
data entered somehow.                                                                                                           
                                                                                                                                
2:04:14 PM                                                                                                                    
SENATOR  FRENCH  said he  disagreed  with  her  use of  the  word                                                               
redundant,  because it's  clear that  all the  jobs on  the North                                                               
Slope aren't  getting posted  on ALEXsys now.  The listing  as of                                                               
February   23   showed   25  jobs   offered   through   BP,   but                                                               
ConocoPhillips had  only 3. These  two companies are  roughly the                                                               
same size  and employ roughly the  same number of people,  and it                                                               
stands  to  reason   that  there  are  some   job  openings  that                                                               
ConocoPhillips is  not posting.  Just getting the  word out  is a                                                               
minimal burden on  industry and on the  administration; this bill                                                               
is not meant to create a huge new burden.                                                                                       
                                                                                                                                
SENATOR  PASKVAN  commented  that  assuming  they  are  currently                                                               
posting, this bill would pose zero extra burden.                                                                                
                                                                                                                                
SENATOR FRENCH agreed  if it's already being done,  then there is                                                               
no additional burden.                                                                                                           
                                                                                                                                
2:06:07 PM                                                                                                                    
SENATOR PASKVAN  moved to report  CSSB 174(L&C), version  I, from                                                               
committee  with  individual  recommendations  and  attached  zero                                                               
fiscal note. There being no objection, the motion carried.                                                                      

Document Name Date/Time Subjects
SB 190 lttr supporting, APHA.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 Sponsor Statement.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 lttr supporting, Big Game Commercial Services Board.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 Sectional Analysis.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB0190A.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
CSSB 190 blank v M.PDF SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 BGCS Fact Sheet.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 BGCS Roster.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 190 Explanation of Changes.pdf SL&C 2/28/2012 1:30:00 PM
SB 190
SB 122 emails supporting L&C CS.PDF SL&C 2/28/2012 1:30:00 PM
SB 122
SB138-DCCED-RCA-2-24-12.PDF SL&C 2/28/2012 1:30:00 PM
SB 138
SB 138 Ver.R.PDF SL&C 2/28/2012 1:30:00 PM
SB 138
SB 157 DRAFT CS v D.PDF SL&C 2/28/2012 1:30:00 PM
SB 157
CSSB 174 BLANK v I 022412.PDF SL&C 2/28/2012 1:30:00 PM
SB 174
SB 174 Amendment M.1, Sen. Giessel.PDF SL&C 2/28/2012 1:30:00 PM
SB 174