Legislature(2017 - 2018)BELTZ 105 (TSBldg)

01/30/2018 01:00 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Public Testimony --
-- Please Note Time Change --
*+ SB 126 VISITING PHYSICIANS WITH SPORTS TEAMS TELECONFERENCED
Moved SB 126 Out of Committee
+ HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
Moved HB 208 Out of Committee
+= HB 102 LIMITED TEACHER CERTIFICATES; LANGUAGES TELECONFERENCED
Moved CSHB 102(EDC) Out of Committee
+ HB 114 BOILER/PRESSURE VESSEL INSPECTION REPORTS TELECONFERENCED
Moved HB 114 Out of Committee
+ HB 121 OCC. HEALTH AND SAFETY CIVIL PENALTIES TELECONFERENCED
Moved HB 121 Out of Committee
+ HB 124 BENEFIT CORPORATIONS TELECONFERENCED
Moved CSHB 124(FIN) Out of Committee
+ HB 86 STUDENT LOAN DEFAULT/OCC. LICENSE RENEWAL TELECONFERENCED
Heard & Held
+ HCR 8 KODIAK SEAFOOD & MARINE SCIENCE CENTER TELECONFERENCED
Moved HCR 8 AM Out of Committee
         HB 121-OCC. HEALTH AND SAFETY CIVIL PENALTIES                                                                      
                                                                                                                                
2:24:38 PM                                                                                                                    
CHAIR COSTELLO announced the consideration of HB 121.                                                                           
                                                                                                                                
2:24:41 PM                                                                                                                    
REPRESENTATIVE  SAM KITO  III Alaska  State Legislature,  Juneau,                                                               
Alaska,  stated  that  HB  121  is a  House  Labor  and  Commerce                                                               
Committee  bill  that  was  introduced  at  the  request  of  the                                                               
Department of  Labor and Workforce Development  (DOLWD). He spoke                                                               
to the following sponsor statement:                                                                                             
                                                                                                                                
     House Bill 121 brings  Alaska's Occupational Safety and                                                                    
     Health (AKOSH) state plan  into compliance with federal                                                                    
     requirements,   ensuring   continued  eligibility   for                                                                    
     federal  grant funds  and  helping  to protect  workers                                                                    
     from workplace injuries, illnesses, and fatalities.                                                                        
                                                                                                                                
     In 2015,  Congress passed  the Federal  Civil Penalties                                                                    
     Inflation  Adjustment Act  Improvements Act,  requiring                                                                    
     many   federal  agencies   to   adjust  penalties   for                                                                    
     inflation going back to  1990, and requiring subsequent                                                                    
     yearly   adjustments  according   to  changes   in  the                                                                    
     Consumer  Price Index.  Occupational Safety  and Health                                                                    
     Administration  complied  by  adjusting  their  maximum                                                                    
     penalties  in July  2016, including  a six-month  grace                                                                    
     period for  states to comply.  In order to  comply with                                                                    
     federal program requirements, AKOSH  must have at least                                                                    
     equivalent  maximum and  minimum penalties.  AKOSH fell                                                                    
     out of  compliance with this requirement  on January 1,                                                                    
     2017, when the six-month buffer period expired.                                                                            
                                                                                                                                
     Maximum  and   minimum  penalties  for   violations  of                                                                    
     Alaska's  occupational  safety   and  health  laws  are                                                                    
     specified  in AS  18.60.095, the  Penalties section  of                                                                    
     Prevention of  Accident and Health Hazards.  House Bill                                                                    
     121  allows  the  Department  of  Labor  and  Workforce                                                                    
     Development to  set penalty  amounts by  regulation and                                                                    
     limits the penalties  to corresponding federal maximums                                                                    
     for each  violation type.  This enables  the department                                                                    
     to adjust  to federally required changes  while placing                                                                    
     a cap on increases.                                                                                                        
                                                                                                                                
     Please  join  me  in  supporting   House  Bill  121  to                                                                    
     maintain over $2 million in  yearly federal grant funds                                                                    
     that  serve  working  Alaskans  by  reducing  workplace                                                                    
     injuries, illnesses, and fatalities.                                                                                       
                                                                                                                                
2:25:45 PM                                                                                                                    
DEBORA  KELLY, Director,  Division of  Labor Standards  & Safety,                                                               
Department of  Labor and  Workforce Development  (DOLWD), Juneau,                                                               
explained  that AKOSH  is Alaska's  state plan  through which  it                                                               
receives  federal  grants  and  ensures  the  safety  and  health                                                               
standards  that  protect most  Alaskan  workers.  She listed  the                                                               
following benefits of having a state plan:                                                                                      
                                                                                                                                
   • Industries have direct input into developing safety and                                                                    
     health standards.                                                                                                          
   • State and municipal employees gain safety and health                                                                       
     protections.                                                                                                               
   • Citation appeals go through a local administrative process.                                                                
                                                                                                                                
To maintain the state plan, AKOSH must be at least as effective                                                                 
as federal OSHA. That includes statutory maximum penalties.                                                                     
                                                                                                                                
In  2015,  Congress  passed  legislation that  caused  a  lot  of                                                               
federal agencies  to inflation adjust  their penalties.  OSHA did                                                               
so in  2016 and required all  state plans to follow  suit. Alaska                                                               
fell out of compliance January 1,  2017 and HB 121 is the remedy.                                                               
It requires DOLWD to adopt  maximum penalty amounts by regulation                                                               
and limits the  amounts to the corresponding  federal amounts for                                                               
each violation type.                                                                                                            
                                                                                                                                
CHAIR COSTELLO  asked when  the department  became aware  that it                                                               
was out of compliance.                                                                                                          
                                                                                                                                
MS.  KELLY  replied  it  was  when  OSHA  inflation-adjusted  its                                                               
penalties and  required state  plans like AKOSH  to do  the same.                                                               
That is when DOLWD began working to develop the bill                                                                            
                                                                                                                                
CHAIR COSTELLO commented on the effective date of the Act.                                                                      
                                                                                                                                
MS. KELLY  directed attention to Section  9 on page 3.  It states                                                               
that Section 8 of the Act takes effect immediately.                                                                             
                                                                                                                                
2:29:06 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:29:10 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting.                                                                                          
                                                                                                                                
SENATOR GARDNER  requested clarification  that the bill  does not                                                               
change the  health and  safety standards.  It simply  changes the                                                               
penalty for being in violation of the inspection requirements.                                                                  
                                                                                                                                
MS. KELLY agreed.                                                                                                               
                                                                                                                                
SENATOR MICCICHE observed that Sections 1,  3, and 4 use the term                                                               
 may"  and Section  2 uses  the term   shall.  He  asked what  is                                                               
different in Section 2 that would require a "shall.                                                                             
                                                                                                                                
REPRESENTATIVE KITO said  he didn't know the  reason that  shall                                                                
was used in Section 2.                                                                                                          
                                                                                                                                
CHAIR COSTELLO asked Ms. Kelly if she could respond.                                                                            
                                                                                                                                
MS. KELLY offered to do follow-up  research on the history of the                                                               
statutory language.                                                                                                             
                                                                                                                                
SENATOR MICCICHE said  he'd like to know if it  was a mistake. He                                                               
also expressed concern  that the legislature has  no control over                                                               
the amount of the maximum civil  penalties if it is determined by                                                               
regulation.                                                                                                                     
                                                                                                                                
CHAIR COSTELLO asked  the sponsor if someone  from the department                                                               
could respond.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KITO  deferred to  the department. He  returned to                                                               
the question  about the use  of "shall  versus  may"  and advised                                                               
that it is existing law that HB 121 does not change.                                                                            
                                                                                                                                
CHAIR COSTELLO  asked Senator Micciche  if he wanted to  hold the                                                               
bill or pass it along to finance and get the answer there.                                                                      
                                                                                                                                
SENATOR MICCICHE said he'll see it in finance.                                                                                  
                                                                                                                                
2:33:40 PM                                                                                                                    
SENATOR  MICCICHE moved  to  report HB  121  from committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COSTELLO stated  that without objection, HB  121 moves from                                                               
Senate Labor and Commerce Standing Committee.                                                                                   

Document Name Date/Time Subjects
SB 126 Sectional Analysis.pdf SL&C 1/30/2018 1:00:00 PM
SB 126
SB 126 Sponsor Statement.pdf SL&C 1/30/2018 1:00:00 PM
SB 126
SB 126 Testimony.pdf SL&C 1/30/2018 1:00:00 PM
SB 126
SB126-DCCED-CBPL-01-26-18.pdf SL&C 1/30/2018 1:00:00 PM
SB 126
HB208 Sectional Analysis ver A 4.10.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 208
HB208-LAW-CIV-01-26-2018.pdf SL&C 1/30/2018 1:00:00 PM
HB 208
Sponsor Statement - HB - 208.pdf SL&C 1/30/2018 1:00:00 PM
HB 208 Fiscal Note 01.26.18
HB102 Supporting Document-Nome Schools Resolution 1.26.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 102
HB102 Supporting Document-Koniag KANA Roundtable Resolution 1.26.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 102
HB102 Supporting Document-Dr Wilson Letter 1.26.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 102
HB102 Supporting Document-Native Village of Port Lions Resolution 1.26.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 102
HCR 8 Supporting Document-KSMSC Budget.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 Supporting Document-APICDA 12.10.15.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 Supporting Document AML 11.5.15.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 ver A.A.PDF SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 Explanation of Changes ver A.A 1.28.17.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 Leg Research Report 1.2.16.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR 8 Sponsor Statement ver A.A 1.28.18.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HCR8-LEG-SESS-01-29-18.pdf SL&C 1/30/2018 1:00:00 PM
HCR 8
HB102 Fiscal Note EED-SSA-01-26-18.pdf SL&C 1/30/2018 1:00:00 PM
HB 102
HB102.PDF SL&C 1/30/2018 1:00:00 PM
HB 102
HB114 Sectional Analysis.pdf SL&C 1/30/2018 1:00:00 PM
HB 114
HB114 Sponsor Statement.pdf SL&C 1/30/2018 1:00:00 PM
HB 114
HB114 ver D.PDF SL&C 1/30/2018 1:00:00 PM
HB 114
HB 114-DOLWD-MI-01-26-18.pdf SL&C 1/30/2018 1:00:00 PM
HB 114
HB121-DOLWD-OSH-1-26-18.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - ver O 2.27.17.PDF SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - Sponsor Statement 3.6.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - Sectional Analysis 3.6.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - Support Document - Federal memo to state plans 02.23.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - Additional Document - Sponsor's Reply to House Judiciary Committee Questions 3.10.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB 121 - Supporting Document-OSHA Fact Sheet 3.6.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 121
HB124 Explanation of changes from ver A to ver U 1.18.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB124 Sponsor Statement 1.18.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB124 Sectional Analysis ver U 1.18.18.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB124CS(FIN)-DCCED-CBPL-01-26-18.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB124 Support Documents - Letters of Support 4.11.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB124 ver. U 5.11.17.pdf SL&C 1/30/2018 1:00:00 PM
HB 124
HB 86 ver A.PDF SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 - Sponsor Statement.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 - Fiscal Note EED-ACPE.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 Supporting Document - Letter of Support.PDF SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 - Background - Questions Memo HLNC.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 - Background - ACPE Loan Default Consequences.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 - Background - NY Times Student Loans.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
HB 86 Senator Costello Senate Labor and Commerce Committee Follow-up.pdf SL&C 1/30/2018 1:00:00 PM
HB 86
ASMA Letter of Support SB 126.pdf SL&C 1/30/2018 1:00:00 PM
SB 126