Legislature(2003 - 2004)
04/27/2004 01:32 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 369-UNIV. STUDENT PRACTICUM LIABILITY/WAGES
CHAIR CON BUNDE announced SB 369 to be up for consideration.
SENATOR RALPH SEEKINS, sponsor, explained that SB 369 amends
current law by exempting the University of Alaska students
participating in practicum programs from state wage and hour
provisions. It also provides certain protections relating to
vicarious liability. The intent is to revitalize private sector
involvement in this key element of the educational process.
The University offers certain fields of study, which
require students to achieve experience and proficiency
in a real world setting before a degree can be
conferred. By and large, these involve medically
oriented endeavors such as the dental profession. Over
the years it's become increasingly difficult for the
University to entice private sector placement sites to
become involved in an internship program. A legitimate
concern expressed by placements sites is that absent
statutory clarification, practicum students could be
considered as employees with respects to certain labor
laws.
But of particular distress is the exposure to
vicarious liability. High costs associated with
potential liability have effectively chilled the
private sector's willingness to be involved in vital
practicum programs. SB 369 proposes a statutory fix
designed to protect practicum sites interested in
offering their facilities to university interns. The
threshold requirement that students not be paid
insures that sites will not use practicum placement
immunity to take advantage of employees who are also
students. From a liability perspective, this proposal
is designed to leave each entity - the university, the
student and the site - responsible for its own
liability.
MR. PETE KELLY, University of Alaska, supported Senator Seekins'
comments. He added that five years ago, the legislature gave the
university money over and above its operating needs and with
that money it designed some hands-on training programs. Most of
those require a certain amount of unpaid work - a practicum or
internship. These are becoming the most popular programs within
the University. As that is growing, the community is stepping up
to provide those hours, but liability is a concern.
SENATOR GARY STEVENS asked how many students he is talking
about.
MR. KELLY didn't have an exact number.
SENATOR HOLLIS FRENCH said that a memo in the bill folder said
the legislature should exclude practicum placements, but it's
not signed or attributed to any person and asked who prepared
it.
MR. KELLY replied that was an analysis prepared by the
University's general counsel and includes references to workers'
compensation, which is not in the bill.
SENATOR SEEKINS moved to pass CSSB 369(L&C) from committee with
attached fiscal note and individual recommendations.
SENATOR HOLLIS FRENCH objected saying:
If you're working with the direction and supervision
of that professor, it stands to reason that the things
you're going to do are going to be things you've been
instructed to do. So, if you're instructed to do
something dumb or foolish or negligent and someone
gets hurt badly, because of that bad instruction or
your bad interpretation of that instruction, it seems
to me that people shouldn't have to absorb that loss
on to themselves.... It's not that citizen's fault;
it's the professor's or the practicum student's....
SENATOR GARY STEVENS asked to speak with the general university
counsel. From a liability perspective the proposal is designed
to leave each student on a site responsible for his own
liability. "So, liability isn't being avoided or ignored. The
University would still be liable for any incident that could
occur. Wouldn't that be true?"
MR. KELLY replied that is correct.
SENATOR GARY STEVENS hypothesized if the dental instructor told
a student to pull a certain tooth and the student does, but it's
the wrong tooth, the University would be liable.
MR. KELLY replied that the dentist would be liable. If a student
is hurt, he can appeal to the Workers' Compensation Board. If it
decides against him, the student could sue. "Liability isn't
automatically assigned to the practicum provider site as it
would be in an employer employee relationship."
CHAIR BUNDE said he would like to see these legal issues
addressed in the Judiciary Committee.
SENATOR SEEKINS, Chair of the Senate Judiciary Committee,
assured him that would be the case.
CHAIR BUNDE called for the roll. Senators Ralph Seekins, Gary
Stevens and Chair Con Bunde vote yea; Senator Hollis French
voted nay; and CSSB 369(L&C) moved from committee.
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