HB 47-INJUNCTION SECURITY: INDUSTRIAL OPERATION  1:41:57 PM CHAIR KELLER announced the first order of business would be House Bill 47, "An Act requiring a party seeking a restraining order, preliminary injunction, or order vacating or staying the operation of a permit affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained." CHAIR KELLER advised that the version of HB 47 before the committee is labeled 28-LS0072\N, Bullock/Wallace, 1/10/14, and there were [four] amendments. 1:43:58 PM CHAIR KELLER closed public testimony. 1:44:05 PM  The committee took a brief at-ease. 1:46:56 PM  REPRESENTATIVE MILLETT, noting that Amendment 1 was a suggestion of the court system, moved that the committee adopt Amendment 1, labeled 28-LS0072\N.1, Wallace, 2/18/14, which read: Page 1, line 11: Delete "The" Insert "Upon request of any party and when that party presents evidence, the" CHAIR KELLER objected for purposes of discussion. 1:47:23 PM  REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, speaking as one of the joint prime sponsors, remarked that the court has no [avenue] to [acquire] the information necessary to determine the amount of the security bond unless it requests the information from the affected individuals, contractors and/or sub- contractors. CHAIR KELLER, noting his understanding that the Alaska Court System is happy with Amendment 1, withdrew his objection. There being no further objection, Amendment 1 was adopted. 1:48:34 PM REPRESENTATIVE GRUENBERG moved that the committee adopt Amendment 2, labeled 28-LS0072\N.2, Wallace, 2/18/14, which read: Page 1, line 7: Delete "A" Insert "Unless exempt under AS 09.68.040(a), a" REPRESENTATIVE MILLETT objected for discussion. REPRESENTATIVE GRUENBERG explained that Amendment 2 clarifies that the state and municipalities are exempt under state law and are not required to submit a bond when seeking an injunction, as is the case now. REPRESENTATIVE FEIGE said he had no objection to Amendment 2. REPRESENTATIVE MILLETT removed her objection. There being no further objection, Amendment 2 was adopted. 1:49:50 PM REPRESENTATIVE GRUENBERG moved that the committee adopt Amendment 3, labeled 28-LS0072\N.5, Wallace, 2/18/14, which read: Page 1, line 9: Following "security": Insert "," Following "proper": Insert "," REPRESENTATIVE MILLETT objected for discussion purposes. REPRESENTATIVE GRUENBERG explained that Amendment 3 does not change Civil Rule 65(c), and simply corrects a typographical error such that the commas in Civil Rule 65(c) are maintained in the legislation. REPRESENTATIVE MILLETT removed her objection. There being no further objection, Amendment 3 was adopted. 1:51:29 PM REPRESENTATIVE GRUENBERG moved the committee adopt [Conceptual] Amendment 4, as follows [original punctuation provided]: page 1 line 11 after "restrained" delete "The" and insert "As one relevant factor the" REPRESENTATIVE MILLETT objected for discussion purposes. 1:52:12 PM REPRESENTATIVE GRUENBERG related his understanding that the purposed of HB 47 is to require the court to consider as a relevant factor the amount of wages and benefits for employees and payments to contractors and sub-contractors of the industrial operation. He related his further understanding that HB 47 is not to impinge on the court's authority to consider whatever is relevant. Amendment 4 clarifies that "as one relevant factor" the court shall consider that. REPRESENTATIVE FEIGE said he had no objection to [Conceptual] Amendment 4. 1:54:09 PM REPRESENTATIVE MILLETT pointed out that the handwritten amendment specifies that it's conceptual. She then asked whether Representative Gruenberg wanted the amendment to be conceptual to allow Legislative Legal Services to adapt the language or did he want to only use the language specified in the handwritten amendment. REPRESENTATIVE GRUENBERG replied that unless there is an overriding grammatical reason, the language written in Amendment 4 should be used. 1:54:37 PM   The committee took a brief at ease. 1:55:35 PM REPRESENTATIVE GRUENBERG [amended his motion] such that he moved that the committee adopt [New] Amendment 4, as follows: Page 1, line 11, after the word "restrained." Insert "As one relevant factor" REPRESENTATIVE MILLETT removed her objection. There being no further objection, [New] Amendment 4 was adopted. 1:56:28 PM   The committee took a brief at-ease. 2:01:03 PM REPRESENTATIVE MILLETT, noting she is a co-sponsor of HB 47, stated she fully supports the bill and moving it today, if it is the will of the committee. 2:01:45 PM REPRESENTATIVE LYNN moved to report CSHB 47, Version 28- LS0072\N, Bullock/Wallace, 1/10/14, as amended, out of committee with individual recommendations and the attached zero fiscal notes. There being no objection, CSHB 47(JUD) was reported from the House Judiciary Standing Committee. 2:02:32 PM    The committee took an at-ease at 2:02 until 2:06 PM.