04/02/2004 03:35 PM House L&C

HB 488-CLAIMS AGAINST STATE EMPLOYEES                                                                                         
                                                                                                                                
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be  HOUSE BILL  NO. 488,  "An Act  relating to  actionable claims                                                               
against  state employees;  relating  to the  state's defense  and                                                               
indemnification  of  its  employees  and  former  employees  with                                                               
respect  to claims  arising out  of  conduct that  is within  the                                                               
scope  of employment;  amending the  Public Employment  Relations                                                               
Act regarding  claims against the  state or state  employees; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
Number 0392                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM moved  to adopt  CSHB 488,  Version 23-                                                               
GH2,  3/30/2004,  as  the  working  document.    There  being  no                                                               
objection, Version 23-GH2, 3/30/2004, was before the committee.                                                                 
                                                                                                                                
Number 0429                                                                                                                     
                                                                                                                                
GAIL VOIGTLANDER,  Chief Assistant  Attorney General  - Statewide                                                               
Section  Supervisor,  Torts  and Worker's  Compensation  Section,                                                               
Civil  Division (Anchorage),  Department of  Law, explained  that                                                               
when the  committee last heard  this legislation, March  1, 2004,                                                               
there were basically two aspects  to this legislation.  The first                                                               
was  the  certification  process that  converted  claims  against                                                               
state  employees  into claims  against  the  state.   The  second                                                               
aspect was  to have one  standardized statute that  addressed the                                                               
state's obligation  for defense and indemnity  of state employees                                                               
when  individually sued.   The  legislation before  the committee                                                               
now  removes the  second aspect  because of  objections from  the                                                               
Public  Safety  Employees  Association   (PSEA)  with  regard  to                                                               
differences   between  the   [legislation's]  language   and  the                                                               
language in PSEA's collective  bargaining agreements.  Therefore,                                                               
the  legislation before  the committee  only addresses  the first                                                               
aspect, as  described earlier.   She noted that the  first aspect                                                               
is in addition to an  employee's rights for defense and indemnity                                                               
that may be included in the collective bargaining agreements.                                                                   
                                                                                                                                
CHAIR ANDERSON  recalled that a PSEA  representative had concerns                                                               
with regard to that and wanted  to work with Ms. Voigtlander.  He                                                               
also recalled that Senator Bunde made  an amendment.  He asked if                                                               
this version is comparable to that Senate change.                                                                               
                                                                                                                                
MS. VOIGTLANDER said the version  before the committee is exactly                                                               
the  same [as  the Senate  companion, CSSB  338(STA)].   The PSEA                                                               
withdrew its objection to [CSSB  338(STA)], which is reflected in                                                               
a March 23, 2004, letter from  Mr. D'Amico, PSEA, to the chair of                                                               
the Senate Judiciary Standing Committee.                                                                                        
                                                                                                                                
CHAIR  ANDERSON  opined  that  CSHB   488  works  out  the  state                                                               
employees'  and the  public safety  employees' concern,  which he                                                               
said satisfied him.                                                                                                             
                                                                                                                                
Number 0600                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to  report  CSHB  488,  23-GH2,                                                               
3/30/2004, out  of committee with individual  recommendations and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
(L&C) was reported from the  House Labor and Commerce Standing                                                               
Committee.