Legislature(2003 - 2004)
05/08/2004 09:14 PM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 8, 2004
9:14 p.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Bob Lynn
Representative Paul Seaton
Representative Ethan Berkowitz
Representative Max Gruenberg
MEMBERS ABSENT
Representative Jim Holm, Vice Chair
Representative John Coghill
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 354(STA) am(efd fld)
"An Act relating to complaints filed with, and investigations,
hearings, and orders of, the State Commission for Human Rights;
and making conforming amendments."
- MOVED HCS CSSB 354(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 354
SHORT TITLE: HUMAN RIGHTS COMMISSION PROCEDURES
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
02/27/04 (S) READ THE FIRST TIME - REFERRALS
02/27/04 (S) STA, JUD
03/23/04 (S) STA AT 3:30 PM BELTZ 211
03/23/04 (S) Heard & Held
03/23/04 (S) MINUTE(STA)
04/01/04 (S) STA AT 3:30 PM BELTZ 211
04/01/04 (S) Moved CSSB 354(STA) Out of Committee
04/01/04 (S) MINUTE(STA)
04/02/04 (S) STA RPT CS FORTHCOMING 1DP 2NR
04/02/04 (S) NR: STEVENS G, STEDMAN; DP: COWDERY
04/05/04 (S) STA CS RECEIVED SAME TITLE
04/14/04 (S) JUD AT 5:30 PM BUTROVICH 205
04/14/04 (S) Scheduled But Not Heard
04/20/04 (S) JUD RPT CS(STA) 1DP 3NR
04/20/04 (S) DP: SEEKINS
04/20/04 (S) NR: THERRIAULT, OGAN, FRENCH
04/20/04 (S) JUD AT 8:00 AM BUTROVICH 205
04/20/04 (S) Moved CSSB 354(STA) Out of Committee
04/20/04 (S) MINUTE(JUD)
05/02/04 (S) TRANSMITTED TO (H)
05/02/04 (S) VERSION: CSSB 354(STA) AM(EFD FLD)
05/03/04 (H) READ THE FIRST TIME - REFERRALS
05/03/04 (H) STA, JUD
05/04/04 (H) STA AT 8:00 AM CAPITOL 102
05/04/04 (H) Heard & Held
05/04/04 (H) MINUTE(STA)
05/05/04 (H) STA AT 8:00 AM CAPITOL 102
05/05/04 (H) Heard & Held
05/05/04 (H) MINUTE(STA)
05/05/04 (H) JUD AT 1:00 PM CAPITOL 120
05/05/04 (H) Scheduled But Not Heard
05/06/04 (H) STA AT 8:00 AM CAPITOL 102
05/06/04 (H) Heard & Held
05/06/04 (H) MINUTE(STA)
05/06/04 (H) JUD AT 3:00 PM CAPITOL 120
05/06/04 (H) Scheduled But Not Heard
05/07/04 (H) JUD AT 6:15 PM CAPITOL 120
05/07/04 (H) Scheduled But Not Heard
05/08/04 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
No witnesses to record
ACTION NARRATIVE
TAPE 04-81, SIDE A
Number 0001
CHAIR BRUCE WEYHRAUCH reconvened the House State Affairs
Standing Committee meeting, which had been recessed on May 6,
2004, at 9:14 p.m. Present at the call back to order were
Representatives Seaton, Lynn, Berkowitz, Gruenberg, and
Weyhrauch.
SB 354-HUMAN RIGHTS COMMISSION PROCEDURES
Number 0010
CHAIR WEYHRAUCH announced that the first order of business was
CS FOR SENATE BILL NO. 354(STA) am(efd fld), "An Act relating to
complaints filed with, and investigations, hearings, and orders
of, the State Commission for Human Rights; and making conforming
amendments."
CHAIR WEYHRAUCH noted that the committee previously had adopted
amendments to SB 354.
CHAIR WEYHRAUCH closed public participation.
Number 0080
CHAIR WEYHRAUCH asked again if there was any objection to
adopting Amendment 2, as amended. There being no objection, he
announced that Amendment 2, as amended, was adopted. [Amendment
2, as amended, had been adopted by the committee during the May
6, 2004, portion of this meeting.]
Number 0090
CHAIR WEYHRAUCH asked if there was any objection to Amendment 3,
which read as follows [original punctuation provided]:
Page 4, line 9 through page 5, line 13:
Delete all material.
Renumber bill sections accordingly.
CHAIR WEYHRAUCH announced that, there being no objection,
Amendment 3 was adopted.
Number 0100
REPRESENTATIVE BERKOWITZ noted that his remaining amendments,
labeled 4, 5, 6, and 7 [in the committee packet] were no longer
necessary, now that Amendment 3 was adopted.
Number 0164
CHAIR WEYHRAUCH referred to a letter from the Disability Law
Center of Alaska (DLC), [included in the committee packet and in
which Robert B. Briggs, Staff Attorney, suggested amendments].
He directed attention to the amendment labeled "DLC Proposed
Amendment 3" and stated that that amendment would be called
Amendment 4. Amendment 4 read as follows [original punctuation
provided]:
At page 3, line 24, after the phrase "...the
commission." insert sentence:
"The complainant may be represented by counsel of
the complainant's choice."
Number 0190
CHAIR WEYHRAUCH asked if there was any objection to Amendment 4.
There being none, Amendment 4 was adopted.
Number 0219
CHAIR WEYHRAUCH directed attention to the amendment labeled "DLC
Proposed Amendment 4" and stated that that amendment would be
called Amendment 5. Amendment 5 read as follows [original
punctuation provided]:
At page 4, line 17, delete the phrase:
"discriminatory practice. The commission may not
order an award of noneconomic or punitive damages in
any case [DISCRIMINATION]"
At page 4, lines 16-17, after the phase [sic] "...type
of" insert:
"discrimination."
Number 0226
CHAIR WEYHRAUCH asked if there was any objection to Amendment 5.
There being none, Amendment 5 was adopted.
Number 0236
CHAIR WEYHRAUCH directed attention to the amendment labeled "DLC
Proposed Amendment 5" and stated that that amendment would be
called Amendment 6. Amendment 6 read as follows [original
punctuation provided, with some formatting changed]:
At page 4, line 29, after the phrase "... may order"
insert the phrase:
"any appropriate relief, including but not
limited to"
At page 4, line 20, delete the phrase:
"one or more of the following:"
At page 4, line 25, delete the phrase:
"for a period of not more than one year if
hiring, reinstatement, or upgrading of an employee is
inappropriate because no vacancy exists, the
employer's discriminatory practice rendered the
employee incapable of returning to work, or the
relationship between the employer and the employee has
so deteriorated as to make working conditions
intolerable"
At page 5, line 1, delete "must" and insert "may"
At page 5, line 11, delete "[,BUT NOT LIMITED TO,]"
Number 0242
CHAIR WEYHRAUCH asked if there was any objection to Amendment 6.
There being none, Amendment 6 was adopted.
Number 0255
REPRESENTATIVE SEATON moved to report CSSB 354(STA) am(efd fld),
as amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 354(STA) was reported out of the House State Affairs
Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:18
p.m.
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