2004-02-16                     House Journal                      Page 2613
HB 490                                                                                            
HOUSE BILL NO. 490 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the release of employment security records, to                             
     the admissibility of determinations and decisions regarding                                    
     unemployment compensation benefits, and to contributions,                                      
     interest, penalties, and payments under the Alaska Employment                                  
     Security Act; providing that property under the Alaska                                         
     Employment Security Act is not subject to the Uniform                                          
       Unclaimed Property Act; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
The Governor's transmittal letter dated February 13, 2004, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the: (1) the release of                          
employment security records for law enforcement purposes; (2)                                       
administrative hearing decisions on unemployment benefits; and (3)                                  
federal compliance and other technical corrections to the Alaska                                    
Employment Security Act.                                                                            
                                                                                                    
This bill would allow the Department of Labor (DOL) to release                                      
employment security records to a state district attorney, a municipal                               
attorney, a United States attorney, and the Federal Bureau of                                       
Investigation for use in criminal investigations and prosecutions.                                  
Under current law, employment security records are confidential for                                 
criminal investigation and prosecution purposes.                                                    
                                                                                                    
This bill would codify the Alaska Supreme Court's decision in                                       
Manning v. Alaska Railroad Corporation, 853 P.2d 1120 (Alaska                                       
1993).  In that case, the court held that the commissioner of DOL's