Legislature(2003 - 2004)

05/08/2004 09:14 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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.                                                                                                             

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