Legislature(2019 - 2020)BARNES 124
04/26/2019 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB78 | |
| HB57 | |
| HB104 | |
| HB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 57 | TELECONFERENCED | |
| *+ | HB 104 | TELECONFERENCED | |
| += | HB 68 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 29 | TELECONFERENCED | |
| += | HB 78 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 26, 2019
3:29 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Sara Hannan
Representative Louise Stutes
Representative Josh Revak
Representative Dave Talerico
MEMBERS ABSENT
Representative Adam Wool, Co-Chair
Representative Zack Fields
COMMITTEE CALENDAR
HOUSE BILL NO. 78
"An Act relating to insurance; relating to an insurer's
corporate annual disclosure; relating to insurance company
holding systems; and providing for an effective date."
- MOVED HB 78 OUT OF COMMITTEE
HOUSE BILL NO. 57
"An Act relating to expanding the period in a day during which
an employed child under 16 years of age may perform work in the
summer; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 104
"An Act relating to exemptions from mortgage loan originator
licensing requirements; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 68
"An Act relating to the division of labor standards and safety;
relating to the division of workers' compensation; establishing
the division of workers' safety and compensation; and providing
for an effective date."
- MOVED CSHB 68(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 29
"An Act relating to insurance coverage for benefits provided
through telehealth; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
SHORT TITLE: INSURER & GROUP INSURANCE DISCLOSURE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/04/19 (H) READ THE FIRST TIME - REFERRALS
03/04/19 (H) L&C
04/22/19 (H) L&C AT 3:15 PM BARNES 124
04/22/19 (H) Heard & Held
04/22/19 (H) MINUTE(L&C)
04/24/19 (H) L&C AT 3:15 PM BARNES 124
04/24/19 (H) <Bill Hearing Canceled>
04/26/19 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 57
SHORT TITLE: CHILD LABOR HOURS
SPONSOR(s): WILSON
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, L&C
03/05/19 (H) STA AT 3:00 PM GRUENBERG 120
03/05/19 (H) Heard & Held
03/05/19 (H) MINUTE(STA)
03/12/19 (H) STA AT 3:00 PM GRUENBERG 120
03/12/19 (H) Heard & Held
03/12/19 (H) MINUTE(STA)
03/14/19 (H) STA AT 3:00 PM GRUENBERG 120
03/14/19 (H) Moved CSHB 57(STA) Out of Committee
03/14/19 (H) MINUTE(STA)
03/15/19 (H) STA RPT CS(STA) 3DP 3NR 1AM
03/15/19 (H) DP: LEDOUX, SHAW, KREISS-TOMKINS
03/15/19 (H) NR: VANCE, STORY, FIELDS
03/15/19 (H) AM: WOOL
04/26/19 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 104
SHORT TITLE: MORTGAGE LOAN ORIGINATOR LICENSING
SPONSOR(s): WILSON
03/25/19 (H) READ THE FIRST TIME - REFERRALS
03/25/19 (H) L&C
04/10/19 (H) L&C AT 3:15 PM BARNES 124
04/10/19 (H) -- MEETING CANCELED --
04/17/19 (H) L&C AT 3:15 PM BARNES 124
04/17/19 (H) -- MEETING CANCELED --
04/26/19 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 68
SHORT TITLE: LABOR STDRS/SAFETY; WORKER COMPENSATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) L&C, FIN
03/27/19 (H) L&C AT 3:15 PM BARNES 124
03/27/19 (H) Heard & Held
03/27/19 (H) MINUTE(L&C)
04/26/19 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
CHARLES MCKEE
Anchorage, Alaska
POSITION STATEMENT: Provided comments not on topic with the
published agenda.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 57.
GREY MITCHELL
Division of Workers' Compensation
Department of Labor & Workforce Development
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 57.
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 104.
PATRICE WALSH, Director
Division of Banking and Securities
Department of Commerce, Community & Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 104.
DENEEN TUCK, Staff
Representative Gabrielle LeDoux
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the committee substitute for HB
68, Version M, and explained the changes.
CATHY MUNOZ, Deputy Commissioner
Department of Labor & Workforce Development
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 68.
ACTION NARRATIVE
3:29:01 PM
CO-CHAIR GABRIELLE LEDOUX called the House Labor and Commerce
Standing Committee meeting to order at 3:29 p.m.
Representatives Revak, Stutes, Hannan, and LeDoux were present
at the call to order. Representative Talerico arrived as the
meeting was in progress.
HB 78-INSURER & GROUP INSURANCE DISCLOSURE
3:29:46 PM
CO-CHAIR LEDOUX announced that the first order of business would
be HOUSE BILL NO. 78, "An Act relating to insurance; relating to
an insurer's corporate annual disclosure; relating to insurance
company holding systems; and providing for an effective date."
The committee took a brief at-ease.
3:30:55 PM
CO-CHAIR LEDOUX opened public testimony.
3:31:38 PM
CHARLES MCKEE provided comments not on topic with the published
agenda.
3:34:18 PM
CO-CHAIR LEDOUX closed public testimony.
3:34:42 PM
REPRESENTATIVE STUTES moved to report HB 78 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 78 was reported out of the
House Labor and Commerce Standing Committee.
HB 57-CHILD LABOR HOURS
3:35:17 PM
CHAIR LEDOUX announced that the next order of business would be
HOUSE BILL NO. 57, "An Act relating to expanding the period in a
day during which an employed child under 16 years of age may
perform work in the summer; and providing for an effective
date."
3:36:02 PM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 57 labeled 31-LS0271\S, Wayne, 3/27/19,
as the working draft. There being no objection, Version S was
before the committee.
3:36:40 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature,
introduced HB 57, as prime sponsor, and paraphrased parts of the
sponsor statement [included in the committee packet], which read
in its entirety as follows [original punctuation provided]:
In Fairbanks, where the sun never sets in the summer,
you can go by the soccer fields watching all ages
enjoy the sport. Fairbanks Youth Soccer Association
adjusted their entire program structure to ensure that
games would be finished by 9:00 pm and thus no young
employees, a 14 or 15-year-old, would be scheduled
beyond that point. However, after continued growth, it
has become nearly impossible to complete all the
league games that are played in one central location.
House Bill 57 would extend the time of day from 9:00
pm to 10:00 pm as well as adds an additional hour
earlier in the day, from 5:00 am to 4:00 am, that
youth 14 or 15 years of age can perform work, from
June 1st until the first Monday in September, if they
are not enrolled in a school term. This expansion of
time does not alter the number of hours in a day or
week the youth can work, it simply allows them to work
until 10:00 pm and start earlier than 5:00 am during
the summer.
This bill would only go into effect once the
commissioner of labor and workforce development has
obtained a waiver from compliance with the requirement
under 29 C.F.R. 570.35(a) from the United States
Secretary of Labor.
This bill would not only benefit the referees but
allow more children to participate not just in soccer
but many other sports. I ask for your support of HB
57.
3:41:01 PM
REPRESENTATIVE HANNAN asked if references to federal exemptions
were deleted because the current version of the bill deals with
state child labor restrictions.
REPRESENTATIVE WILSON affirmed that.
REPRESENTATIVE HANNAN asked if the Department of Labor &
Workforce Development (DLWD) is concerned with the lack of
distinction between labor categories.
3:43:15 PM
GREY MITCHELL, Division of Workers' Compensation, Department of
Labor & Workforce Development, stated that there are no concerns
from the department. He added that employers are expected to
understand that there are differences between state and federal
law.
REPRESENTATIVE HANNAN established a scenario in which two kids
work at a soccer field, a 14-year-old referee and a 15-year-old
working the concession stand. She asked if it would be illegal
for the concession stand worker to work until 10 p.m. because
it's a commerce-related position.
MR. MITCHELL said it's a complicated question and the answer
depends on what they are selling. He offered his understanding
that if he or she is selling locally grown products with cash
transactions there would be no problem, whereas if the products
had traveled by interstate commerce with credit card
transactions "then they would be covered."
REPRESENTATIVE HANNAN expressed concern that the current bill
over-complicates the issue by allowing some kids to work until
10 p.m. and not others. She noted that the exemption being
sought is for a narrow category of employers. She asked if
Alaska would be violating federal law if the state extended the
10 p.m. limit to all youth work permits in the summer.
MR. MITCHELL replied that the state wouldn't necessarily be in
violation of federal law because states can vary their
requirements from the Fair Labor Act; however, the employer of
the minor could be in violation, which would put them in peril
with federal enforcement agents.
REPRESENTATIVE HANNAN said she is concerned about small
businesses with a variety of 15-year-old employees in both
commerce and unrelated positions. She asked how it would be
possible to allow all of them to work until 10 p.m.
MR. MITCHELL stated that changing the federal law would be the
only way to do that.
3:47:45 PM
CO-CHAIR LEDOUX asked how active the federal regulators are on
soccer fields.
MR. MITCHELL offered that it's not a high priority for them. He
offered his understanding that they are more complaint oriented
and focused on hazardous occupations.
3:48:32 PM
CHAIR LEDOUX announced that HB 57 was held over.
HB 104-MORTGAGE LOAN ORIGINATOR LICENSING
3:48:47 PM
CO-CHAIR LEDOUX announced that the next order of business would
be HOUSE BILL NO. 104, "An Act relating to exemptions from
mortgage loan originator licensing requirements; and providing
for an effective date."
3:49:20 PM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 104 labeled 31-LS0275\S, Bannister,
4/10/19, as the working draft. There being no objection,
Version S was before the committee.
3:49:54 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature,
introduced HB 104, as prime sponsor, and paraphrased parts of
the sponsor statement [included in the committee packet], which
read in its entirety as follows [original punctuation provided]:
Currently Alaska law allows for a person to seller-
finance their own home, their second home, or their
vacation home if it is not considered an income
property. Exceptions apply for seller financing to a
family member.
Interior and more rural community property owners have
parcels with trailers or cabins on them; some with
water and electric, some without. These types of
properties are historically difficult to finance
through the traditional mortgage process and many
times lenders require more money down, shorter loan
terms, higher interest rates, and in some cases, will
not finance them at all.
Those wishing to take on the responsibility of home
ownership and establish roots in the community may
find, for many reasons, that they do not qualify for
traditional mortgage. Seller financing is another tool
that can be utilized to make it affordable for one to
realize their dream of having a place they can finally
call their home.
Seller financing is a reasonable and practical option
for both sellers and buyers of these type properties.
HB 104 would give more opportunity for the dream of
home ownership to those who might not otherwise
realize it.
3:54:11 PM
PATRICE WALSH, Director, Division of Banking and Securities,
Department of Commerce, Community & Economic Development,
related the type of nonprofit organizations that would be
affected by the proposed exemption: Habitat for Humanity, Alaska
Community Development Corporation (Alaska CDC), Fairbanks
Neighborhood Housing Services, Rural Alaska Community Action
Program (RurAL CAP), and others. She explained that these
organizations provide loans for projects that are not offered by
traditional lenders.
REPRESENTATIVE HANNAN questioned whether Habitat for Humanity
needs a licensed mortgage lender on staff or if they are in
violation of state law.
MS. WALSH stated that Habitat for Humanity, as a lender, would
need a license. She noted that their mortgage loan originator
would need a license as well. Currently, she said, Habitat for
Humanity is not licensed and is contracted through Cook Inlet
Lending Center; however, the other nonprofits are licensed.
3:57:44 PM
MS. WALSH, in a follow-up question from Representative Hannan,
explained that federal law allows for these nonprofit
exemptions, which became effective in a 2011 final rule. She
said that Alaska has yet to revise their law to accommodate
this.
3:58:36 PM
CO-CHAIR LEDOUX announced that HB 104 was held over.
HB 68-LABOR STDRS/SAFETY; WORKER COMPENSATION
3:58:45 PM
CO-CHAIR LEDOUX announced that the final order of business would
be HOUSE BILL NO. 68, "An Act relating to the division of labor
standards and safety; relating to the division of workers'
compensation; establishing the division of workers' safety and
compensation; and providing for an effective date."
3:59:07 PM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 68, labeled 31-GH1049\M, Marx, 4/5/19, as
the working draft.
CO-CHAIR LEDOUX objected for the purpose of discussion.
3:59:56 PM
DENEEN TUCK, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, presented the changes in committee
substitute, Version M. She stated that there was "a three-year
sunset added on to it in several sections."
4:00:14 PM
REPRESENTATIVE HANNAN asked why a sunset was added.
MS. TUCK explained that if joining the two [divisions] together
doesn't work after three years they will separate.
CO-CHAIR LEDOUX added that a sunset allows for a trial run with
the ability to return to the present system if it doesn't work
out as planned.
REPRESENTATIVE HANNAN pointed out that HB 68 originated at the
request of the governor. She asked why there wasn't a sunset in
the original bill and the Department of Commerce, Community &
Economic Development (DCCED) views it as the only change.
4:01:53 PM
CATHY MUNOZ, Deputy Commissioner, Department of Labor &
Workforce Development, responded that the proposed committee
substitute includes the three-year sunset, which is the only
change from the original bill. She further noted that the idea
for the division merger came from within the department and the
governor supported proceeding with legislation.
REPRESENTATIVE HANNAN questioned whether the DCCED has any
objection to the sunset.
MS. MUNOZ replied that it's more work; nonetheless they are
willing to address concerns and demonstrate that the merger will
be a success.
4:02:50 PM
The committee took a brief at-ease.
4:02:55 PM
REPRESENTATIVE STUTES moved to report CSHB 68, Version GH1049\M,
Marx, 4/5/19, out of committee with individual recommendations
and the accompanying fiscal notes. There being no objection,
CSHB 68(L&C) was reported out of the House Labor and Commerce
Standing Committee.
4:03:42 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:03 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 78.Bill Version A.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 78.Sponsor.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 78.Sectional.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 78.Fiscal Note DCCED.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 78.Letter of Support State Farm.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 78.Letter of Support .pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 78 |
| HB 57.Bill Version S CS for Adoption.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Explanation of Changes.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Sponsor.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Fiscal Note.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup State Work Permit.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup Legal Memo to Version A.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup Email String with DLWD.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup Child Labor Laws.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup Email from FYSA.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 57.Backup Code of Federal Regulations.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 57 |
| HB 104.Bill Version S CS for adoption.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Bill Version U.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Sponsor.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Fiscal DCCED.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Backup Support Letter Schiewer.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Backup GFBR.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 104.Backup Alaska Realtors.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 104 |
| HB 68.Bill Version M CS for adoption.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Bill Version A.PDF |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Transmittal Letter.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Sectional.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Fiscal Note DOLWD2.PDF |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Fiscal Note DOLWD.PDF |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Ledbetter Letter.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Department Response to Rep. Fields.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |
| HB 68.Backup Legal Memo Sunset.pdf |
HL&C 4/26/2019 3:15:00 PM |
HB 68 |