Legislature(2011 - 2012)BELTZ 105 (TSBldg)
03/01/2012 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB190 | |
| SB116 | |
| SB199 | |
| SB217 | |
| HB168 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 217 | TELECONFERENCED | |
| + | SB 199 | TELECONFERENCED | |
| += | HB 168 | TELECONFERENCED | |
| += | SB 190 | TELECONFERENCED | |
| = | SB 116 | ||
HB 168-INJUNCTION SECURITY: INDUSTRIAL OPERATION
2:48:27 PM
CHAIR EGAN announced consideration of HB 168 [CSHB 168(JUD) was
before the committee.].
2:48:55 PM
REPRESENTATIVE ERIC FEIGE, sponsor of HB 168, said over the past
several years a few courts have issued injunctions or stays
against companies engaged in the development of resource
extraction and other large legally permitted construction
projects. These court actions have had the effect of delaying
worthwhile projects and curtailing employment within the state
of Alaska. In some cases projects have been shut down and
employees laid off. More often than not, the litigation has
failed or had an extremely limited effect in hand with the
stated objectives of the original lawsuit. The overall objective
is not often what is stated in the suit but merely to delay a
project or prevent it from coming to fruition.
HB 168 seeks to remedy this situation by requiring a party
seeking a restraining order, a preliminary injunction or order
vacating or staying the operation of permit that affects an
industrial operation to give security in an amount the court
considers proper. HB 168 asks that part of the court's
deliberation shall take into account payment of wages and
benefits for employees and payment to contractors and
subcontractors of the industrial operation.
In this legislation an industrial operation is defined to
include a construction, energy or timber activity, an oil gas or
mineral exploration development and production.
He said that HB 168 parallels the requirements of Alaska Civil
Rule 65(c), which already requires a court to require a person
seeking an injunction to provide security to protect a person
who may be wrongfully restrained or enjoined. It does not
prohibit a person who is wrongly enjoined from relief or
otherwise limit the amount that a person may recover in the
action. It also does not specify an amount that is required and
does not affect the discretion of the judge to determine that
amount.
REPRESENTATIVE FEIGE offered his understanding that state courts
do not see very many of these cases since most involve federal
permits. For those few instances, HB 168 seeks to level the
legal playing field without infringing on any parties right to
bring a legitimate issue to court.
CHAIR EGAN said public testimony would be taken at the next
meeting.
[HB 168 was held in committee.]