Legislature(2003 - 2004)
05/04/2004 01:55 PM Senate L&C
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 490(JUD)am-EMPLOYMENT SECURITY ACT AMENDMENTS
CHAIR CON BUNDE announced CSHB 490(JUD) am to be up for
consideration.
MR. TOM NELSON, Director, Division of Employment Security,
Department of Labor and Workforce Development (DOLWD), explained
that the changes are mainly housekeeping measures and will align
state law with federal law and will bring Alaska into compliance
with the Unemployment Insurance overpayment arrangement it has
with other states.
CHAIR BUNDE asked if anyone opposed the bill.
MR. NELSON replied that he hadn't heard of any opposition.
MS. TOBY STEINBERGER, Assistant Attorney General, offered to
explain sections 1 - 3 and 8. The changes in sections 1- 3 deal
with employment security records for criminal investigation and
prosecution purposes. Locations of employment of suspects,
witnesses, victims and persons on parole or probation can be
found.
TAPE 04-38, SIDE B
MS. STEINBERGER noted that the Employment Security Division is
heavily federally funded. The U.S. Department of Labor has
required that its records be kept confidential with some
exceptions. Accordingly, AS 23.20.110 has allowed for these
exceptions, but none of them allow for releasing of information
for criminal prosecution and investigation purposes other than
for prosecuting cases against claimants who have fraudulently
received unemployment compensation benefits. This amendment
would allow the Criminal Division to find suspects, witnesses
and victims since the information is so up-to-date. Sometimes
people move by the time the case goes to trial and this
information will help in finding out where they work. The U.S.
Department of Labor has reviewed and approved the amendment.
Other states - Washington, Iowa, Arkansas, Georgia, Utah and
Oklahoma - have been allowed to release employment security
information for criminal investigations and prosecutions.
SENATOR FRENCH asked for a quick review of what happens in the
rest of the bill.
MR. NELSON explained that sections 4 - 12 authorize the
department to adopt regulations providing for the distribution
of unclaimed excess contributions. Sections 5 and 6 clarify
statute by adding the terms "manager" and "limited liability
company" to the definitions. Section 7 brings Alaska into
conformity with the Interstate Reciprocal Overpayment Recovery
Arrangement that it has with other states and provides the
Employment Security Division the ability to collect unemployment
insurance overpayments on behalf of other states for reasons
other than fraud. States in this agreement already provide this
service to Alaska.
Section 8 adds a definition of action to mean a court or
administrative proceeding not brought under this chapter or in
arbitration proceeding. Section 10 aligns Alaska language with
federal law by clarifying which health care professionals are
excluded from the definition of employment. Only student nurses
and medical interns are excluded. Section 11 clarifies language
that provides an exclusion from the definition of wages for
payments or benefits provided by the employer for educational
assistance to its employees. Federal law already provides this
exclusion from their definition of wages. Section 13 is the
immediate effective date clause.
SENATOR RALPH SEEKINS moved to pass CSHB 490(JUD am from
committee with individual recommendations and attached fiscal
note. Senators Gary Stevens, Davis, French, Seekins and Chair
Bunde vote yea; and CSHB 490(JUD) am moved from committee.
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