An Act relating to the division of labor standards and safety; relating to the division of workers' compens...
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HB 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; relating to employment of a minor; and providing for an effective date.
Last action — (S) Minutes (SFIN)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 31st Legislature (2019-2020). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
8 added · 12 removedPlain-language change summary
The recent changes to Bill HB 68 establish a new division specifically for workers' safety and compensation, which was previously part of the division of labor standards and safety. This restructuring is aimed at improving oversight and efficiency for worker safety issues and workers' compensation claims. By creating a dedicated division, the bill intends to enhance the focus on both worker safety regulations and the administration of compensation programs, ultimately benefiting employees and employers alike through more streamlined processes.
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and providing for an effective date." CS FOR HOUSE BILL NO.
68(L&C)68 01 "An Act relating to the division of labor standards and safety;
AS 18.20.410(b), as amended by sec.
1 of this Act, is amended to read:
12 (b) Immediately after declaring a temporary nurse staffing emergency under 13 (a) of this section, a health care facility shall file with the division of labor standards 14 and safety [WORKERS' SAFETY AND COMPENSATION], Department of Labor and Workforce Development, a report that includes a copy of the signed writing 02 required under (a) of this section.
A report under this subsection is a public document.
03 * Sec.
3.
0412 (a) A health care facility shall file with the division of workers' safety and 0513 compensation [LABOR STANDARDS AND SAFETY], Department of Labor and 0614 Workforce Development, a semiannual report on a form provided by the department.
07 The report for the six-month period ending June 30 must be filed before the following 0802 August 1, and the report for the six-month period ending December 31 must be filed 0903 before the following February 1.
The report must include, for each nurse employed by 1004 the health care facility or under contract with the health care facility, the number of 1105 overtime hours worked and the number of hours the nurse was on call.
A health care 1206 facility that does not employ a nurse who worked overtime hours or who was on call 1307 during the reporting period is not required to describe hours worked as overtime and 1408 on-call hours for individual nurses but may instead complete the report by stating on 1509 the form that there are no reportable hours.
1610 * Sec.
4.3.
AS 18.20.450(a), as amended by sec.
3 of this Act, is amended to read:
17 (a) A health care facility shall file with the division of labor standards and 18 safety [WORKERS' SAFETY AND COMPENSATION], Department of Labor and 19 Workforce Development, a semiannual report on a form provided by the department.
20 The report for the six-month period ending June 30 must be filed before the following 21 August 1, and the report for the six-month period ending December 31 must be filed 22 before the following February 1.
The report must include, for each nurse employed by 23 the health care facility or under contract with the health care facility, the number of 24 overtime hours worked and the number of hours the nurse was on call.
A health care 25 facility that does not employ a nurse who worked overtime hours or who was on call 26 during the reporting period is not required to describe hours worked as overtime and 27 on-call hours for individual nurses but may instead complete the report by stating on 28 the form that there are no reportable hours.
29 * Sec.
5.
3011 Sec.
Division of workers' safety and compensation [LABOR 3112 STANDARDS AND SAFETY].
As established by AS 23.10.075, there is in the 13 department a division of workers' safety and compensation [LABOR STANDARDS 0214 AND SAFETY].
Minimum qualifications shall be established for employees of the 0315 department acting as safety inspectors under AS 18.60.010 - 18.60.105.
These 0416 qualifications must include, as a minimum requirement, at least five years general 0517 work experience in the field they are assigned to inspect.
Training in safety principles, 0618 codes, and standards may be substituted for work experience up to a maximum of 0719 three years.
0820 * Sec.
6.4.
AS 18.60.055, as amended by sec.
5 of this Act, is amended to read:
09 Sec.
18.60.055.
Division of labor standards and safety [WORKERS' 10 SAFETY AND COMPENSATION].
As established by AS 23.10.075, there is in the 11 department a division of labor standards and safety [WORKERS' SAFETY AND 12 COMPENSATION].
Minimum qualifications shall be established for employees of 13 the department acting as safety inspectors under AS 18.60.010 - 18.60.105.
These 14 qualifications must include, as a minimum requirement, at least five years general 15 work experience in the field they are assigned to inspect.
Training in safety principles, 16 codes, and standards may be substituted for work experience up to a maximum of 17 three years.
Show all 192 changed lines (152 more)
18 * Sec.
7.
1921 (a) In the event of an employment accident that is fatal to an employee or that 2022 results in an employee's in-patient hospitalization, an employee's loss of an eye, or an 2123 employee's amputation, the employer shall report the accident.
The report must be 2224 made by telephone or in person to the nearest office of the division of workers' safety 2325 and compensation [LABOR STANDARDS AND SAFETY] or by telephone to the 2426 federal toll-free number provided by the division.
The report must relate the name of 2527 the establishment, the location of the accident, the time of the accident, a contact 2628 person and the telephone number of the contact person, a brief description of the 2729 accident, the number of fatalities or injured employees, and the extent of any injuries.
2830 The report must be made immediately but in no event later than eight hours after 2931 receipt by the employer of information that the accident has occurred.
However, if the 30 employer first receives information of a fatality, in-patient hospitalization, loss of an 3102 eye, or amputation eight or more hours after the accident but not later than 30 days 03 after the accident, the employer must make the report not later than eight hours after 0204 receiving the information.
This subsection does not apply to an employer that first 0305 receives information of a fatality, in-patient hospitalization, loss of an eye, or 0406 amputation more than 30 days after the accident.
0507 * Sec.
8.5.
AS 18.60.058(a), as amended by sec.
7 of this Act, is amended to read:
06 (a) In the event of an employment accident that is fatal to an employee or that 07 results in an employee's in-patient hospitalization, an employee's loss of an eye, or an 08 employee's amputation, the employer shall report the accident.
The report must be 09 made by telephone or in person to the nearest office of the division of labor 10 standards and safety [WORKERS' SAFETY AND COMPENSATION] or by 11 telephone to the federal toll-free number provided by the division.
The report must 12 relate the name of the establishment, the location of the accident, the time of the 13 accident, a contact person and the telephone number of the contact person, a brief 14 description of the accident, the number of fatalities or injured employees, and the 15 extent of any injuries.
The report must be made immediately but in no event later than 16 eight hours after receipt by the employer of information that the accident has occurred.
17 However, if the employer first receives information of a fatality, in-patient 18 hospitalization, loss of an eye, or amputation eight or more hours after the accident but 19 not later than 30 days after the accident, the employer must make the report not later 20 than eight hours after receiving the information.
This subsection does not apply to an 21 employer that first receives information of a fatality, in-patient hospitalization, loss of 22 an eye, or amputation more than 30 days after the accident.
23 * Sec.
9.
2408 (a) In addition to the deputy inspectors employed under AS 18.60.230 and the 2509 special inspectors commissioned under AS 18.60.240, the commissioner of labor and 2610 workforce development may appoint an employee of the Department of Labor and 2711 Workforce Development as an approved inspector if the employee has completed 2812 training by the chief inspector and has passed an examination that has been approved 2913 by the director of the division of workers' safety and compensation [LABOR 3014 STANDARDS AND SAFETY] to perform inspections under AS 18.60.180 - 3115 18.60.395 of cast iron boilers and domestic hot water heaters.
An employee does not 16 have to pass the examination described in AS 18.60.290 in order to be appointed an 0217 approved inspector under this subsection.
0318 * Sec.
10.6.
AS 18.60.235(a), as amended by sec.
9 of this Act, is amended to read:
04 (a) In addition to the deputy inspectors employed under AS 18.60.230 and the 05 special inspectors commissioned under AS 18.60.240, the commissioner of labor and 06 workforce development may appoint an employee of the Department of Labor and 07 Workforce Development as an approved inspector if the employee has completed 08 training by the chief inspector and has passed an examination that has been approved 09 by the director of the division of labor standards and safety [WORKERS' SAFETY 10 AND COMPENSATION] to perform inspections under AS 18.60.180 - 18.60.395 of 11 cast iron boilers and domestic hot water heaters.
An employee does not have to pass 12 the examination described in AS 18.60.290 in order to be appointed an approved 13 inspector under this subsection.
14 * Sec.
11.
1519 (a) Each insurer providing workers' compensation insurance and each 1620 employer who is self-insured or uninsured for purposes of AS 23.30 in this state shall 1721 pay an annual service fee to the department for the administrative expenses of the state 1822 for workers' safety programs under AS 18.60 and the workers' compensation program 1923 under AS 23.30 as follows:
2024 (1) for each employer, 2125 (A) except as provided in (b) of this section, the service fee 2226 shall be paid each year to the department at the time that the annual report is 2327 required to be filed under AS 23.30.155(m) or (n);
and 2428 (B) the service fee is 2.9 percent of all payments reported to the 2529 division of workers' safety and compensation in the department under 2630 AS 23.30.155(m) or (n), except second injury fund payments;
and 2731 (2) for each insurer, the director of the division of insurance shall, 28 under (e) of this section, deposit from funds received from the insurer under 2902 AS 21.09.210 a service fee of 2.5 percent of the direct premium income for workers' 3003 compensation insurance received by the insurer during the year ending on the 3104 preceding December 31, subject to all the deductions specified in AS 21.09.210(b).
05 * Sec.
12.7.
AS 23.05.067(a), as amended by sec.
11 of this Act, is amended to read:
02 (a) Each insurer providing workers' compensation insurance and each 03 employer who is self-insured or uninsured for purposes of AS 23.30 in this state shall 04 pay an annual service fee to the department for the administrative expenses of the state 05 for workers' safety programs under AS 18.60 and the workers' compensation program 06 under AS 23.30 as follows:
07 (1) for each employer, 08 (A) except as provided in (b) of this section, the service fee 09 shall be paid each year to the department at the time that the annual report is 10 required to be filed under AS 23.30.155(m) or (n);
and 11 (B) the service fee is 2.9 percent of all payments reported to the 12 division of workers' [SAFETY AND] compensation in the department under 13 AS 23.30.155(m) or (n), except second injury fund payments;
and 14 (2) for each insurer, the director of the division of insurance shall, 15 under (e) of this section, deposit from funds received from the insurer under 16 AS 21.09.210 a service fee of 2.5 percent of the direct premium income for workers' 17 compensation insurance received by the insurer during the year ending on the 18 preceding December 31, subject to all the deductions specified in AS 21.09.210(b).
19 * Sec.
13.
2006 Sec.
The division 2107 of workers' safety and compensation is established in the department.
The 2208 commissioner shall appoint the director of the division.
The director shall administer 2309 AS 18.60.010 - 18.60.105, AS 23.10.050 - 23.10.150, and AS 23.30.001 - 23.30.400.
2410 * Sec.
14.8.
AS 23.10.07523.10.080 is repealedamended andby reenactedadding a new paragraph to read:
2511 Sec.
23.10.075.
Labor standards and safety division.
There is established in 26 the department the division of labor standards and safety.
The director of the division 27 is responsible to the commissioner.
The director shall administer AS 18.60.010 - 28 18.60.105 and AS 23.10.050 - 23.10.150.
29 * Sec.
15.
AS 23.10.080 is amended to read:
30 Sec.
The director, or an authorized 3112 representative of the director, shall 13 (1) investigate and ascertain the wages and related conditions and 0214 standards of employment of any employee in the state;
0315 (2) enter the place of business or employment of an employer at 0416 reasonable times for the purpose of inspecting payroll records that relate to the 0517 question of wages paid or hours worked;
0618 (3) require and subpoena from an employer a statement in writing, 0719 when the director or the representative considers it necessary, of hours worked by and 0820 the wages paid to a person in the employ of the employer, and the commissioner may 0921 require the employer to make the statement under oath;
1022 (4) question an employee in a place of employment during work hours 1123 with respect to the wages paid and the hours worked by the employees;
1224 (5) compel the attendance of witnesses and the production of books, 1325 papers, and documents by subpoena when necessary for the purpose of a hearing or 1426 investigation provided for in AS 23.10.050 - 23.10.150;
1527 (6) facilitate the quick, efficient, fair, and predictable delivery of 1628 indemnity and medical benefits to injured workers at a reasonable cost to 1729 employers who are required to provide workers' compensation.
1830 * Sec.
16.9.
AS 23.3023.30.025 is amended by adding a new section to read:
1931 Sec.(a) An insurer may not enter into or issue a policy of insurance under this chapter until its policy form has been submitted to and approved by the director of the 02 division of insurance.
23.30.003.The director of the division of insurance may not approve the 03 policy form of an insurance company until the company files with it the certificate of 04 the director of the division of insurance showing that the company is authorized to 05 transact the business of workers' compensation insurance in the state.
DivisionThe filing of a 06 policy form by an insurance company with the division of workers' compensation;safety and 07 compensation for approval constitutes, on the part of the company, a conclusive and 08 unqualified acceptance of the provisions of this chapter, and an agreement by it to be 09 bound by them.
director.10 * Sec.
The10. division 20 of workers' compensation is established in the department.
The commissioner shall 21 appoint the director of the division of workers' compensation.
22 * Sec.
17.
AS 23.30.025(a) is amended to read:
23 (a) An insurer may not enter into or issue a policy of insurance under this 24 chapter until its policy form has been submitted to and approved by the director of the 25 division of insurance.
The director of the division of insurance may not approve the 26 policy form of an insurance company until the company files with it the certificate of 27 the director of the division of insurance showing that the company is authorized to 28 transact the business of workers' compensation insurance in the state.
The filing of a 29 policy form by an insurance company with the division of workers' safety and 30 compensation for approval constitutes, on the part of the company, a conclusive and 31 unqualified acceptance of the provisions of this chapter, and an agreement by it to be bound by them.
02 * Sec.
18.
AS 23.30.025(a), as amended by sec.
17 of this Act, is amended to read:
03 (a) An insurer may not enter into or issue a policy of insurance under this 04 chapter until its policy form has been submitted to and approved by the director of the 05 division of insurance.
The director of the division of insurance may not approve the 06 policy form of an insurance company until the company files with it the certificate of 07 the director of the division of insurance showing that the company is authorized to 08 transact the business of workers' compensation insurance in the state.
The filing of a 09 policy form by an insurance company with the division of workers' [SAFETY AND] 10 compensation for approval constitutes, on the part of the company, a conclusive and 11 unqualified acceptance of the provisions of this chapter, and an agreement by it to be 12 bound by them.
13 * Sec.
19.
1411 (e) Except as provided in (f) of this section, a person is not liable for civil 1512 damages for filing a report concerning a suspected, anticipated, or completed 1613 fraudulent act or a false or misleading statement or representation with, or for 1714 furnishing other information, whether written or oral, concerning a suspected, 1815 anticipated, or completed fraudulent act or false or misleading statements or 1916 representation to 2017 (1) law enforcement officials or their agents and employees;
2118 (2) the division of workers' safety and compensation, the division of 2219 insurance in the Department of Commerce, Community, and Economic Development, 2320 or an agency in another state that regulates insurance or workers' compensation;
2421 (3) an insurer or adjuster or its agents, employees, or designees, or the 2522 risk manager of a self-insured employer under this chapter.
2623 * Sec.
20.11.
AS 23.30.280(e), as amended by sec.
19 of this Act, is amended to read:
27 (e) Except as provided in (f) of this section, a person is not liable for civil 28 damages for filing a report concerning a suspected, anticipated, or completed 29 fraudulent act or a false or misleading statement or representation with, or for 30 furnishing other information, whether written or oral, concerning a suspected, 31 anticipated, or completed fraudulent act or false or misleading statements or representation to 02 (1) law enforcement officials or their agents and employees;
03 (2) the division of workers' [SAFETY AND] compensation, the 04 division of insurance in the Department of Commerce, Community, and Economic 05 Development, or an agency in another state that regulates insurance or workers' 06 compensation;
07 (3) an insurer or adjuster or its agents, employees, or designees, or the 08 risk manager of a self-insured employer under this chapter.
09 * Sec.
21.
1024 (15) "director" means the director of the division of workers' safety 1125 and compensation in the department;
1226 * Sec.
22.12.
AS 23.30.395(15), as amended by sec.
21 of this Act, is amended to read:
13 (15) "director" means the director of the division of workers' 14 [SAFETY AND] compensation in the department;
15 * Sec.
23.
1627 (17) "division" means the division of workers'workers’ safety and 1728 compensation in the department;
1829 * Sec.
24.13.
AS 23.30.395(17), as amended by sec.
23 of this Act, is amended to read:
19 (17) "division" means the division of workers' [SAFETY AND] 20 compensation in the department;
21 * Sec.
25.
2230 (14) the rehabilitation administrator of the division of workers' safety 2331 and compensation;
24 * Sec.
26.14.
AS 39.25.120(c)(14), as amended by sec.
25 of this Act, is amended to read:
25 (14) the rehabilitation administrator of the division of workers' 26 [SAFETY AND] compensation;
27 * Sec.
27.
2802 (b) After an employee requests to return to work, the reemployment benefits 2903 administrator of the division of workers' safety and compensation or the director of 3004 vocational rehabilitation in the Department of Labor and Workforce Development 3105 shall review the request and certify that the employee is able to return to work under 06 (c), (d), (e), or (f) of this section, or defer certification until the employee completes 0207 retraining under (f) of this section.
0308 * Sec.
28.15.
AS 39.25.158(b), as amended by sec.
27 of this Act, is amended to read:
04 (b) After an employee requests to return to work, the reemployment benefits 05 administrator of the division of workers' [SAFETY AND] compensation or the 06 director of vocational rehabilitation in the Department of Labor and Workforce 07 Development shall review the request and certify that the employee is able to return to 08 work under (c), (d), (e), or (f) of this section, or defer certification until the employee 09 completes retraining under (f) of this section.
10 * Sec.
29.
1109 * Sec.
30.16.
ASThe 23.10.080(6)uncodified law of the State of Alaska is repealed.amended by adding a new section to 10 read:
1211 *TRANSITION. Sec.
31.Litigation, hearings, investigations, and other proceedings connected 12 to division functions transferred by this Act continue in effect and may be completed 13 notwithstanding the transfer.
TheCertificates, uncodifiedorders, lawand ofregulations theissued Stateor adopted under 14 authority of Alaskaa islaw amended by addingthis aAct newremain sectionin toeffect 13as read:issued, or until revoked, vacated, or 15 otherwise modified under the provisions of this Act.
14Contracts, MERGERrights, OFliabilities, DIVISIONSand IN16 THEobligations DEPARTMENTcreated OFby LABORor ANDunder 15a WORKFORCElaw DEVELOPMENT:amended or repealed by this Act, and in effect of the 17 effective date of this Act, remain in effect notwithstanding this Act's taking effect.
TRANSITION.Records, 18 equipment, appropriations, and other property of agencies of the state whose functions are 19 transferred under this Act shall be transferred to implement the provisions of this Act.
(a)20 Notwithstanding* theSec. temporary 16 merger under this Act of the division of labor standards and safety with the division of 17 workers' compensation in the Department of Labor and Workforce Development, all 18 litigation, administrative proceedings, investigations, orders, certificates, regulations, 19 contractual obligations, rights, and liabilities continue in effect.
2017. (b) Records, equipment, allocations, and other property of each affected division may 21 be transferred as necessary to implement the changes made by this Act.
22This *Act Sec.takes effect July 1, 2019.
32.
Sections 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30 of this Act take 23 effect July 1, 2022.
24 * Sec.
33.
Except as provided in sec.
32 of this Act, this Act takes effect July 1, 2019.
Show all 192 changed rows (152 more)
Action History
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(S) Minutes (SFIN)
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(S) Heard & Held
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(S) FINANCE at 09:00 AM SENATE FINANCE 532
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(S) Referred to FINANCE
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(S) FIN
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(S) Read the first time - REFERRALS
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(H) VERSION: CSHB 68(FIN)
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(H) TRANSMITTED TO (S)
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(H) EFFECTIVE DATE(S) SAME AS PASSAGE
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(H) PASSED ON RECONSIDERATION Y39 E1
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(H) RECON TAKEN UP SAME DAY UC
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(H) PRUITT NOTICE OF RECONSIDERATION
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(H) EFFECTIVE DATE(S) SAME AS PASSAGE
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(H) PASSED Y38 E1 A1
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(H) Read the third time CSHB 68(FIN)
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(H) ADVANCED TO THIRD READING UC
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(H) FIN CS ADOPTED UC
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(H) Read the second time
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(H) RULES TO CALENDAR 5/13/2019
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(H) Minutes (HFIN)
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(H) Moved CSHB 68(FIN) Out of Committee
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(H) FINANCE at 09:00 AM ADAMS ROOM 519
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(H) FN3: (LWF)
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(H) FN1: ZERO(LWF)
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(H) NR: JOSEPHSON, ORTIZ
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(H) WILSON, FOSTER
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(H) DP: JOHNSTON, CARPENTER, TILTON, LEBON, KNOPP, MERRICK, SULLIVAN-LEONARD,
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(H) FIN RPT CS(FIN) NT 9DP 2NR
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(H) Minutes (HFIN)
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(H) Heard & Held -- Delayed to a Call of the Chair --
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(H) FINANCE at 01:30 PM ADAMS ROOM 519
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(H) Minutes (HFIN)
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(H) Heard & Held
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(H) FINANCE at 09:00 AM ADAMS ROOM 519
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(H) FN2: (LWF)
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(H) FN1: ZERO(LWF)
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(H) NR: HANNAN, STUTES
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(H) DP: REVAK, TALERICO, LEDOUX
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(H) L&C RPT CS(L&C) 3DP 2NR
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(H) Minutes (HL&C)
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(H) Moved CSHB 68(L&C) Out of Committee
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) Minutes (HL&C)
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(H) Heard & Held
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) GOVERNOR'S TRANSMITTAL LETTER
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(H) FN2: (LWF)
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(H) FN1: ZERO(LWF)
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(H) L&C, FIN
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(H) Read the first time - REFERRALS
Sponsors
- HOUSE RULES BY REQUEST OF THE GOVERNOR · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 64 not signed on
Sponsors (1)
- HOUSE RULES BY REQUEST OF THE GOVERNOR
Co-sponsors (0)
None.
Not signed on (64)
64 members have not signed on to this bill.
Show all 64 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 68?
- HB 68 is sponsored by HOUSE RULES BY REQUEST OF THE GOVERNOR.
- What is the current status of HB 68?
- This bill died with 31st Legislature (2019-2020). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 68?
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