Legislature(1999 - 2000)

02/28/2000 03:28 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                          
                        February 28, 2000                                                                                       
                            3:28 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative Lisa Murkowski                                                                                                   
Representative John Harris                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Jerry Sanders                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Tom Brice                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 222                                                                                                             
"An  Act  relating  to  standard  industrial  classification  for,                                                              
eligibility  for benefits  under, and the  definition of  'benefit                                                              
year' for, the  Alaska Employment Security Act;  and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     - MOVED HCS SB 222(L&C) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE BILL NO. 418                                                                                                              
"An Act relating to program receipts  collected by the division of                                                              
insurance and to  program receipts collected by  the Department of                                                              
Community and Economic Development  for occupational licenses; and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 418(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 378                                                                                                              
"An Act eliminating certain taxes  under AS 21.09 on premiums from                                                              
the  sale of  workers'  compensation  insurance;  relating to  the                                                              
establishment, assessment, collection,  and accounting for service                                                              
fees for state administration of  workers' compensation and worker                                                              
safety programs;  establishing civil  penalties and  sanctions for                                                              
late payment or  nonpayment of the service fee;  and providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SB 222                                                                                                                  
SHORT TITLE: EMPLOYMENT SECURITY ACT                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/24/00      2056     (S)  READ THE FIRST TIME - REFERRALS                                                                     
 1/24/00      2056     (S)  L&C                                                                                                 
 1/24/00      2057     (S)  ZERO FISCAL NOTE (LABOR)                                                                            
 1/24/00      2057     (S)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/08/00               (S)  L&C AT  1:30 PM BELTZ 211                                                                           
 2/08/00               (S)  -- Rescheduled to 2/10/00 --                                                                        
 2/10/00               (S)  L&C AT  1:30 PM BELTZ 211                                                                           
 2/10/00               (S)  Moved Out of Committee                                                                              
 2/11/00      2272     (S)  L&C RPT 4DP                                                                                         
 2/11/00      2272     (S)  DP: MACKIE, DONLEY, TIM KELLY, LEMAN                                                                
 2/11/00      2272     (S)  PREVIOUS ZERO FN (LABOR)                                                                            
 2/16/00               (S)  RLS AT 11:15 AM FAHRENKAMP 203                                                                      
 2/16/00               (S)  MINUTE(RLS)                                                                                         
 2/16/00      2317     (S)  RLS TO CALENDAR  02/16/00                                                                           
 2/16/00      2318     (S)  READ THE SECOND TIME                                                                                
 2/16/00      2318     (S)  ADVANCED TO THIRD READING UNAN CONS                                                                 
 2/16/00      2318     (S)  READ THE THIRD TIME  SB 222                                                                         
 2/16/00      2319     (S)  PASSED Y19 N- E1                                                                                    
 2/16/00      2319     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                                                                   
 2/16/00      2320     (S)  TRANSMITTED TO (H)                                                                                  
 2/18/00      2232     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/18/00      2233     (H)  L&C                                                                                                 
 2/28/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 418                                                                                                                  
SHORT TITLE: INSURANCE AND OCCUPATIONAL LICENSE FEES                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/23/00      2279     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/23/00      2279     (H)  L&C, FIN                                                                                            
 2/28/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 378                                                                                                                  
SHORT TITLE: WORKERS COMP AND WORKER SAFETY                                                                                     
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2211     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2212     (H)  L&C, JUD, FIN                                                                                       
 2/16/00      2212     (H)  4 FISCAL NOTES (ADM, DCED, 2-LABOR)                                                                 
 2/16/00      2212     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/16/00      2212     (H)  REFERRED TO LABOR & COMMERCE                                                                        
 2/28/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
JANET SEITZ, Staff                                                                                                              
     to Representative Norman Rokeberg                                                                                          
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on SB 222, Version D.                                                                            
                                                                                                                                
REBECCA NANCE-GAMEZ, Director                                                                                                   
Division of Employment Security                                                                                                 
Department of Labor and Workforce Development                                                                                   
P.O. Box 25509                                                                                                                  
Juneau, Alaska 99802-5509                                                                                                       
POSITION STATEMENT:  Testified on SB 222, Version D.                                                                            
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner                                                                                             
Department of Labor and Workforce Development                                                                                   
P.O. Box 21149                                                                                                                  
Juneau, Alaska 99802-1149                                                                                                       
POSITION STATEMENT:  Testified on SB 222, Version D.                                                                            
                                                                                                                                
JEFF BUSH, Deputy Commissioner                                                                                                  
Department of Community and Economic Development                                                                                
P.O. Box 110800                                                                                                                 
Juneau, Alaska 99811-0800                                                                                                       
POSITION STATEMENT:  Testified in support of HB 418, Version G.                                                                 
                                                                                                                                
CATHERINE REARDON, Director                                                                                                     
Division of Occupational Licensing                                                                                              
Department of Community and Economic Development                                                                                
P.O. Box 110806                                                                                                                 
Juneau, Alaska 99811-0806                                                                                                       
POSITION STATEMENT:  Testified in support of HB 418, Version G.                                                                 
                                                                                                                                
SHARON MACKLIN, Lobbyist                                                                                                        
Alaska Professional Design Council                                                                                              
315 Fifth Street, Number 8                                                                                                      
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified in support of HB 418, Version G.                                                                 
                                                                                                                                
PAUL GROSSI, Director                                                                                                           
Division of Workers' Compensation                                                                                               
Department of Labor and Workforce Development                                                                                   
P.O. Box 25512                                                                                                                  
Juneau, Alaska 99802-5512                                                                                                       
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
KEVIN RITCHIE, Executive Director                                                                                               
Alaska Municipal League                                                                                                         
217 Second Street, Suite 200                                                                                                    
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
CHRIS ROSS, Corporate Health, Safety and Environmental Manager                                                                  
NANA Development Corporation                                                                                                    
341 West Tudor Road, Suite 202                                                                                                  
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified in support of HB 378.                                                                            
                                                                                                                                
GENE STORM, Staff Support                                                                                                       
Workers' Compensation Committee of Alaska                                                                                       
P.O. Box 200631                                                                                                                 
Anchorage, Alaska 99520                                                                                                         
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
GLENN SMITH, Risk Manager                                                                                                       
Municipality of Anchorage                                                                                                       
P.O. Box 196650                                                                                                                 
Juneau, Alaska 99519-6650                                                                                                       
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
DON ETHERIDGE, Lobbyist                                                                                                         
Alaska State AFL-CIO                                                                                                            
710 West Ninth                                                                                                                  
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified in support of HB 378.                                                                            
                                                                                                                                
ALAN WILSON, President                                                                                                          
Alaska State Home Builders Association                                                                                          
P.O. Box 22797                                                                                                                  
Juneau, Alaska 99802                                                                                                            
POSITION STATEMENT:  Testified in support of HB 378.                                                                            
                                                                                                                                
KEVIN SMITH, Risk Manager                                                                                                       
Alaska Municipal League Joint Insurance Association                                                                             
217 Second Street                                                                                                               
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
JOHN GEORGE                                                                                                                     
National Association of Independent Insurers                                                                                    
3328 Fritz Cove Road                                                                                                            
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
BOB LOHR, Director                                                                                                              
Division of Insurance                                                                                                           
Department of Community and Economic Development                                                                                
P.O. Box 110805                                                                                                                 
Juneau, Alaska 99811-0805                                                                                                       
POSITION STATEMENT:  Testified on HB 378.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-21, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN  NORMAN  ROKEBERG called  the  House Labor  and  Commerce                                                              
Standing Committee meeting to order  at 3:25 p.m.  Members present                                                              
at  the  call to  order  were  Representatives  Rokeberg,  Halcro,                                                              
Murkowski,  and  Harris.    Representatives   Cissna  and  Sanders                                                              
arrived as the meeting was in progress.   Representative Brice was                                                              
absent.                                                                                                                         
                                                                                                                                
SB 222-EMPLOYMENT SECURITY ACT                                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG  announced the first order of  business would be                                                              
SENATE  BILL NO.  222,  "An Act  relating  to standard  industrial                                                              
classification  for,  eligibility  for  benefits  under,  and  the                                                              
definition of 'benefit  year' for, the Alaska  Employment Security                                                              
Act; and providing for an effective date."                                                                                      
                                                                                                                                
Number 0136                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  made a  motion  for  the adoption  of  the                                                              
proposed  committee substitute  (CS)  for SB  222  [Version D,  1-                                                              
GS2032\D,  Cramer,  2/24/00].    There  being  no  objection,  the                                                              
proposed CS, Version D, was adopted.                                                                                            
                                                                                                                                
JANET  SEITZ,  Staff  to  Representative   Norman  Rokeberg,  came                                                              
forward  to testify  on SB  222, Version  D.   She explained  that                                                              
Version  D simply  adds  the definitions  for  alcohol, drugs  and                                                              
misconduct in Section 4, page 2.                                                                                                
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if this  mirrors what  was done with  HB
316, the companion bill to SB 222.                                                                                              
                                                                                                                                
MS. SEITZ replied yes.                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG indicated the Department  of Labor and Workforce                                                              
Development (DLWD) is available to answer any questions.                                                                        
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MURKOWSKI  stated that  she is pleased  this change                                                              
was made to SB 222.  She understands  that DLWD would like to take                                                              
a  moment  to  explain how  the  jury  service  and  uninterrupted                                                              
insurance would work under SB 222.                                                                                              
                                                                                                                                
Number 0281                                                                                                                     
                                                                                                                                
REBECCA NANCE-GAMEZ,  Director, Division  of Employment  Security,                                                              
Department  of Labor and  Workforce Development,  came forward  to                                                              
testify  on SB  222, Version  D.   She explained  that during  the                                                              
subcommittee meeting  on SB 222/HB  316 the issue of  jury service                                                              
was  discussed regarding  an isolated  incident  in the  Fairbanks                                                              
area.   She pointed out  to the subcommittee  that the  person who                                                              
had the  problem with jury  duty simply  wrote "jury duty"  as the                                                              
reason for leaving his last job.   Most of the claims now are done                                                              
by  telephone.   The Division  has not  had this  problem come  up                                                              
since and,  as far as  she knows,  it had not  come up prior.   It                                                              
comes  down to  the  Committee's  decision whether  it  is a  good                                                              
reason for  jury duty to  be covered under unemployment  insurance                                                              
if a person refuses an offer to work.  She stated,                                                                              
                                                                                                                                
     I personally could go either  way on that.  Although, as                                                                   
     a former employer, if someone  who was on call for work,                                                                   
     refused work,  I wouldn't necessarily want  to pay those                                                                   
     benefits.  So,  it was a misunderstanding  and, after we                                                                   
     talked to  that claimant in  question, we did  determine                                                                   
     that he  was an  on-call employee and,  if fact,  it was                                                                   
     lack of work as the reason he  received UI (unemployment                                                                   
     insurance) and not jury service.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "That's not  taken up in this  bill, but                                                              
it's being handled by your department internally?"                                                                              
                                                                                                                                
MS. NANCE-GAMEZ  replied yes  and stated there  have not  been any                                                              
further problems or questions regarding that issue.                                                                             
                                                                                                                                
DWIGHT  PERKINS,  Deputy  Commissioner, Department  of  Labor  and                                                              
Workforce Development, came forward  to testify on SB 222, Version                                                              
D.   He  informed  Chairman Rokeberg  that  DLWD  worked with  the                                                              
subcommittee and stated there was no opposition to Version D.                                                                   
                                                                                                                                
REPRESENTATIVE MURKOWSKI made a motion  to move SB 222, Version D,                                                              
out of committee with individual  recommendations and the attached                                                              
zero  fiscal note.   There  being  no objection,  HCS SB  222(L&C)                                                              
moved from the House Labor and Commerce Standing Committee.                                                                     
                                                                                                                                
HB 418-INSURANCE AND OCCUPATIONAL LICENSE FEES                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG  announced the next  order of business  would be                                                              
HOUSE  BILL  NO.  418,  "An  Act   relating  to  program  receipts                                                              
collected by  the division  of insurance  and to program  receipts                                                              
collected by the Department of Community  and Economic Development                                                              
for occupational licenses; and providing for an effective date."                                                                
                                                                                                                                
Number 0516                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  made  a   motion  to  adopt  the  proposed                                                              
committee   substitute  for   HB  418   [Version  G,   1-LS1500\G,                                                              
Utermohle, 2/25/00].   There being no objection,  the proposed CS,                                                              
Version G, was adopted as a working draft.                                                                                      
                                                                                                                                
CHAIRMAN  ROKEBERG  commented  that   there  have  been  years  of                                                              
frustration about the way the budget  bill was handled.  Version G                                                              
proceeds  to  add  receipts  for  the  insurance  program  of  the                                                              
Department  of Community  and  Economic Development  (DCED)  under                                                              
Title  28 regarding  occupational  licensing.   It  also adds  the                                                              
Pioneers'  Home Care  and Support  receipts,  which is  consistent                                                              
with SB 111.                                                                                                                    
                                                                                                                                
Number 0641                                                                                                                     
                                                                                                                                
JEFF  BUSH,  Deputy  Commissioner,  Department  of  Community  and                                                              
Economic Development,  came forward to testify on  HB 418, Version                                                              
G.  He commented:                                                                                                               
                                                                                                                                
     This has been  an ongoing problem, as the  chair pointed                                                                   
     out, for  several years that  we've had relating  to our                                                                   
     fee-generated agencies,  agencies that are,  by statute,                                                                   
     required to  pay for their activities by  fees generated                                                                   
     by  the program.   These  particular  programs, both  in                                                                   
     insurance  and   in  occupational  licensing,   are  not                                                                   
     allowed  by statute  to  collect above  their  operating                                                                   
     expenses  which are  still subject  to appropriation  by                                                                   
     this body.  Therefore, the problems  arise when you have                                                                   
     things  such as unallocated  cuts to  the department  in                                                                   
     terms of expenditure authority.                                                                                            
                                                                                                                                
     We end up with expenditure authority  that actually ends                                                                   
     up being  less than the  receipt authority that  we have                                                                   
     or the receipts that come in  for the programs.  We then                                                                   
     have   situations  where   we   have  essentially   over                                                                   
     collected  fees and  we have  very frustrated  licensees                                                                   
     out  there  who  say,  "We don't  mind  the  fees  we're                                                                   
     paying", this is  a very common theme we  get, "We don't                                                                   
     mind the fees we're paying,  we just want to be able to,                                                                   
     we  want to  have the  service  for those  fees that  we                                                                   
     pay."   And  they don't  understand  a budgetary  system                                                                   
     that says you can't spend the  money, it just has to sit                                                                   
     and  roll forward  on  an annual  basis  in the  general                                                                   
     fund.                                                                                                                      
                                                                                                                                
     We  appreciate  this  for  occupational   licensing  and                                                                   
     insurance  and, actually,  we  would hope  that as  this                                                                   
     bill  makes progress,  we would continue  dialogue on  a                                                                   
     couple of  other programs that have similar  issues, one                                                                   
     of   them   being   ASMI   [Alaska   Seafood   Marketing                                                                   
     Institute]...which  pays  for  itself  strictly  through                                                                   
     taxes  collected   from  the   fishing  industry   on  a                                                                   
     voluntary  basis, and  also for  Banking and  Securities                                                                   
     [Division  of  Banking,  Securities   and  Corporations,                                                                   
     DCED]  which actually  collects  fees far  in excess  of                                                                   
     what it actually  expends to run the program.   But, for                                                                   
     the moment,  we are  very satisfied  with this piece  of                                                                   
     legislation and fully support it.                                                                                          
                                                                                                                                
Number 0800                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  stated  that  the  only  reason  ASMI  or  the                                                              
Division of Banking, Securities and  Corporations was not included                                                              
was  because the  statutory framework  right now  is much  simpler                                                              
because the amounts  collected under the Division  of Insurance go                                                              
directly to the Department of Revenue.                                                                                          
                                                                                                                                
MR. BUSH  said he understands  that, and  DCED is struggling  with                                                              
the same issues.   He is not  suggesting an amendment to  do that.                                                              
He reiterated  he would like to  continue a dialogue, if  the bill                                                              
continues to  move, and find a way  in which to do the  same thing                                                              
for other agencies as well.                                                                                                     
                                                                                                                                
Number 0882                                                                                                                     
                                                                                                                                
CATHERINE REARDON,  Director, Division of Occupational  Licensing,                                                              
Department of Community and Economic  Development, came forward to                                                              
testify on HB 418, Version G.  She  strongly supports the bill and                                                              
appreciates it being introduced.                                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG  asked Ms.  Reardon to give  one example  of why                                                              
the bill  needs to  be done and  why the  licensees want  to spend                                                              
more money.                                                                                                                     
                                                                                                                                
MS. REARDON replied:                                                                                                            
                                                                                                                                
     One example would be enforcement  of licensing laws.  We                                                                   
     have  a large  number of  complaints  from citizens  and                                                                   
     other  licensed   professionals  about  acts   that  may                                                                   
     violate  the  licensing  laws,  but we  don't  have  the                                                                   
     ability  to  purchase  more legal  assistance  from  the                                                                   
     Department  of Law to  prosecute those  cases and  so we                                                                   
     end   up  closing   them  without   going  forward   and                                                                   
     presenting  the case  against applicants.   And that  is                                                                   
     one significant frustration  on the part of boards and a                                                                   
     lot of licensees who want to follow in the law.                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG  requested that Ms.  Reardon write a  letter for                                                              
the bill packet  with a list of  various things in each  board and                                                              
commission about how they want them to spend more money.                                                                        
                                                                                                                                
Number 0966                                                                                                                     
                                                                                                                                
SHARON  MACKLIN,  Lobbyist,  Alaska  Professional  Design  Council                                                              
(APDC),  came  forward to  testify  on HB  418,  Version  G.   She                                                              
indicated APDC is very much in support  of the bill.  She provided                                                              
two  examples of  why  APDC would  like  the bill  to  pass.   The                                                              
Architects, Engineers  and Land Surveyors  Board (AELS) has  had a                                                              
very  hard  time keeping  staff  for  the  last  few years.    She                                                              
believes  they have  had three or  four staff  people because  the                                                              
rate they are paid  is fairly low for the type  of experience that                                                              
is needed.  She hopes their pay rate  can be increased in order to                                                              
retain staff.  Travel is another  concern.  The Board members have                                                              
not been  able to go  to national meetings  which she  believes is                                                              
important  for their  continuing education.   The  AELS Board  and                                                              
APDC  are willing  to pay  more fees  in order  to purchase  these                                                              
additional services.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG stated:                                                                                                       
                                                                                                                                
     The frustration by the Occupational  Licensing people is                                                                   
     a  child  of  the  Legislature.    The  Legislature  has                                                                   
     statutorily required  that each occupational  license be                                                                   
     self-supportive.  Then we found  ourselves putting those                                                                   
     license fees  in the general fund revenue  side and then                                                                   
     the  various   boards  and  commissions  wanted   to  do                                                                   
     something.    For  example,   continuing  education  and                                                                   
     things of that nature, their  hands are tied because the                                                                   
     Legislature refuses or feels  constrained in giving them                                                                   
     appropriation power because  of the impact on our budget                                                                   
     gap  and the  fiscal situation  of the  state, when,  in                                                                   
     fact,  these  organizations  wish to  charge  themselves                                                                   
     more money to do more things.                                                                                              
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO made a  motion to move  HB 418,  Version G,                                                              
out of committee with individual  recommendations and the attached                                                              
fiscal notes.   There being no objection, CSHB  418(L&C) moved out                                                              
of the House Labor and Commerce Standing Committee.                                                                             
                                                                                                                                
HB 378-WORKERS COMP AND WORKER SAFETY                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG  announced the next  order of business  would be                                                              
HOUSE BILL  NO. 378,  "An Act eliminating  certain taxes  under AS                                                              
21.09  on  premiums   from  the  sale  of   workers'  compensation                                                              
insurance; relating to the establishment,  assessment, collection,                                                              
and  accounting  for  service fees  for  state  administration  of                                                              
workers'  compensation and  worker  safety programs;  establishing                                                              
civil penalties  and sanctions for  late payment or  nonpayment of                                                              
the service fee; and providing for an effective date."                                                                          
                                                                                                                                
Number 1183                                                                                                                     
                                                                                                                                
PAUL  GROSSI,   Director,  Division   of  Workers'   Compensation,                                                              
Department  of Labor and  Workforce Development,  came forward  to                                                              
testify  on HB  378.   He  explained that  HB  378 eliminates  the                                                              
premium  tax  on  workers'  compensation  insurance  policies  and                                                              
enacts a  user fee  on all workers'  compensation claim  payments.                                                              
It  establishes a  special  account for  the  funding of  workers'                                                              
compensation and the  Occupational Safety and Health  program.  He                                                              
said  all  employers  under  the  current  law  must  cover  their                                                              
employees for workers' compensation.                                                                                            
                                                                                                                                
MR. GROSSI said  this can be one of three ways.   The employer can                                                              
purchase a workers' compensation  insurance policy and have to pay                                                              
a premium  tax, or the employer  can certify to be  a self-insurer                                                              
and not pay  the premium tax.   The fee starts at 3.3  percent and                                                              
then graduates  down to 2.6 percent  over a period of  four years.                                                              
During  the  same four  years,  the  self-insurers would  also  be                                                              
phased in and pay a percentage starting  at 25 percent and then up                                                              
to 100 percent  over that time period.  This  will allow employers                                                              
and insurers  to pay at  the same rate.   They would pay  based on                                                              
their use of the system.  If the  rate of injury is higher, claims                                                              
are higher and the  user fee is higher.  As well,  if the injuries                                                              
are  lower, the  user fee  is lower.   It  is believed  this is  a                                                              
better policy because it provides  greater incentive for employers                                                              
to be safer and also allows all employers  to pay at the same rate                                                              
according to their use and need.   It also reduces the reliance on                                                              
the general fund.  The money would  be placed in a special account                                                              
under program  receipts.  He commented  there is a  spreadsheet in                                                              
the  bill packet  which  shows there  are  six  other states  that                                                              
exclusively pay for workers' compensation  and pay for the program                                                              
through their general fund.                                                                                                     
                                                                                                                                
Number 1431                                                                                                                     
                                                                                                                                
MR. GROSSI informed  members that 34 states pay  for their program                                                              
through special  accounts  paid by the  users of  the system  in a                                                              
variety of ways.  Ten states pay  through a combination of general                                                              
funds and  special account  funds.   Of the  44 states which  have                                                              
special  accounts, 16  are using  a similar method  as that  being                                                              
proposed in  HB 378.  The bill  is an attempt to end  the negative                                                              
funding  problems the department  is experiencing.   The  Workers'                                                              
Compensation  Division  and  the Occupational  Safety  and  Health                                                              
program (OSH)  are suffering  from budget cuts  and are  unable to                                                              
provide the types of services they have in the past.  He said:                                                                  
                                                                                                                                
     As  a   matter  of  fact,   last  year  the   House  [of                                                                   
     Representatives] almost eliminated  OSH and sent it back                                                                   
     to  the  feds  to  do.    And  we're  hearing  from  our                                                                   
     customers that  this is not something they  really want.                                                                   
     Now, you're  going to hear  probably some testimony  and                                                                   
     you're going  to get letters,  and some are going  to be                                                                   
     positive and some are going to be negative....                                                                             
                                                                                                                                
     Primarily, those in favor, and  this includes some self-                                                                   
     insurers as  well, are in favor  of it because  they see                                                                   
     the funding  of these  programs as something  beneficial                                                                   
     to    them...If    they're     into,    like    workers'                                                                   
     comp[ensation],  for  example,  if  it's  insufficiently                                                                   
     funded, it actually  costs them more money  in the sense                                                                   
     that  it increases  litigation  costs  and claim  costs.                                                                   
     And the  same with OSH, they  really don't want  to deal                                                                   
     with the feds  with OSH.  They want OSH to  be in Alaska                                                                   
     so that they can deal with it here.                                                                                        
                                                                                                                                
Number 1588                                                                                                                     
                                                                                                                                
MR. GROSSI noted  that there will be people against  this proposal                                                              
because it provides a mechanism requiring  some employers to pay a                                                              
portion  of  the  fee.    He  understands  this  will  upset  some                                                              
employers who currently do not have to pay anything.  He said:                                                                  
                                                                                                                                
     The thing you have to ask yourself:  is this good public                                                                   
     policy?    Do we  want  a viable  workers'  compensation                                                                   
     program?   And do we want OSH  to be here in  the state?                                                                   
     And I  think the answers  to those questions  is, "Yes".                                                                   
     And this provides a way of allowing that to happen.                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO asked what the anticipated impact on local                                                                
government would be.                                                                                                            
                                                                                                                                
MR. GROSSI said:                                                                                                                
                                                                                                                                
     Of course, it  will start out at a lower  amount because                                                                   
     it's  starts out  at  25 percent  of  the  fee and  then                                                                   
     graduates up  to 100 percent.   As far as the  totals, I                                                                   
     can give you some numbers for  the various systems.  The                                                                   
     Municipality  of  Anchorage,  in the  first  year,  it's                                                                   
     going to  cost about  $74,000.  These  are based  on, by                                                                   
     the  way, the  1998  claims numbers  which  is the  last                                                                   
     numbers we have  at this time, and it would  graduate up                                                                   
     to    $234,000   approximately.       Joint    Insurance                                                                   
     arrangement, it would start  out about $17,000, go up to                                                                   
     $86,000;   that's   small   municipalities   that   join                                                                   
     together.                                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG asked what the Joint Insurance arrangement is.                                                                
                                                                                                                                
MR.  GROSSI  explained  that  it  is the  members  of  the  Alaska                                                              
Municipal League.   There are approximately  140 members.   In the                                                              
first  year, the  cost would  be about  $121 per  member and  then                                                              
graduate up to $400 per member.                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG wondered if it is per claim.                                                                                  
                                                                                                                                
MR. GROSSI clarified that it is per employer per year.                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG asked if that is the fee.                                                                                     
                                                                                                                                
MR. GROSSI replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG said he thought the fee was going to be based                                                                 
on each claim.                                                                                                                  
                                                                                                                                
MR. GROSSI said the amount is based on the 1998 claims figures.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked if the Alaska Municipal League (AML) is                                                                 
self-insured.                                                                                                                   
                                                                                                                                
Number 1793                                                                                                                     
                                                                                                                                
MR. GROSSI explained that AML is an insurance pool.                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG asked Kevin Ritchie,  Executive Director, Alaska                                                              
Municipal League, if AML has an underwriter.                                                                                    
                                                                                                                                
KEVIN RITCHIE,  Executive Director, Alaska Municipal  League, came                                                              
forward  to testify  on  HB 378.    He commented  that  AML is  an                                                              
organization which  is self-insured with excess  insurance above a                                                              
certain amount.                                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG  referred to  the amount the  AML would  have to                                                              
pay  and  asked,  "Based on  the  percentage,  for  example,...3.3                                                              
percent of what?"                                                                                                               
                                                                                                                                
MR. GROSSI said it is 3.3 percent of the total compensation pay.                                                                
                                                                                                                                
CHAIRMAN ROKEBERG said, "But at 25 percent of that?"                                                                            
                                                                                                                                
MR. GROSSI answered yes.                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG wondered what the  other part of the equation is                                                              
and asked if the premium tax is being  phased out over four years.                                                              
                                                                                                                                
MR. GROSSI  clarified  that the premium  tax will  end January  1,                                                              
2001.                                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG wondered if there would be enough money.                                                                      
                                                                                                                                
MR. GROSSI  indicated there  would not be  enough money  the first                                                              
year to fund  the entire year's  budget because the fee  would not                                                              
be collected  until March 1, 2001.   Three-quarters of  the budget                                                              
would have to be funded through the general fund.                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG wondered if he is referring to this year.                                                                     
                                                                                                                                
MR. GROSSI replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked if there  is a savings to the general fund                                                              
of $1.5 million.                                                                                                                
                                                                                                                                
MR. GROSSI answered yes.                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Grossi to explain how that works.                                                                   
                                                                                                                                
MR. GROSSI  stated the  fee would  be collected  on March  1, 2001                                                              
towards the end  of the fiscal year.  Two-thirds  would need to be                                                              
funded from the general fund, and  from March 1, 2001 forward, the                                                              
fee could be used for funding.                                                                                                  
                                                                                                                                
CHAIRMAN  ROKEBERG wondered  if  it  is a  general  fund from  the                                                              
premium tax only.                                                                                                               
                                                                                                                                
MR. GROSSI said yes.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG asked when the cut-off is for the premium tax.                                                                
                                                                                                                                
Number 1934                                                                                                                     
                                                                                                                                
MR.  GROSSI said  he believes  the  effective date  is January  1,                                                              
2001.                                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  wondered, "So,  there's some revenue  coming in                                                              
during the next fiscal year for the transition?"                                                                                
                                                                                                                                
MR.  GROSSI  said   yes,  but  stated  that  it   depends  on  the                                                              
Legislature.                                                                                                                    
                                                                                                                                
CHAIRMAN  ROKEBERG said,  "Assuming  this  passed, and  everything                                                              
else  being  equal, we'd  have  approximately  six months  of  the                                                              
fiscal year with a premium tax (indisc.)."                                                                                      
                                                                                                                                
MR. GROSSI replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if Mr.  Grossi has  a spreadsheet  which                                                              
shows  how everything  balances  out and  works  over a  four-year                                                              
period.                                                                                                                         
                                                                                                                                
MR.  GROSSI  indicated  that  he  does  not  currently  have  that                                                              
available.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG asked if that could be done.                                                                                  
                                                                                                                                
MR. GROSSI said yes.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG wondered if there  would not be a premium tax in                                                              
2002  and  if  they  would  be  getting  50  percent  of  the  fee                                                              
assessment.                                                                                                                     
                                                                                                                                
MR. GROSSI  said, "No.  Basically  it'll still amount to  the same                                                              
amount of  money because,  if you look,  we've graduated;  the fee                                                              
starts at  3.3 percent and  graduates down  to 2.6 percent  as the                                                              
self-insurers are phased in."                                                                                                   
                                                                                                                                
CHAIRMAN  ROKEBERG asked,  "Well, the  people that  are not  self-                                                              
insured, what are they paying?"                                                                                                 
                                                                                                                                
MR. GROSSI  stated that  they pay the  premium tax at  2.7 percent                                                              
with a total amount of $3.5 million.                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG asked if they have a different rate.                                                                          
                                                                                                                                
MR. GROSSI explained that the premium  tax is based on the premium                                                              
pay which is different.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG wondered if that is what is being eliminated.                                                                 
                                                                                                                                
MR. GROSSI replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "What are  they going to be  assessed in                                                              
terms of the claims, what percentage?"                                                                                          
                                                                                                                                
Number 2038                                                                                                                     
                                                                                                                                
MR. GROSSI  commented that they would  be assessed at  3.3 percent                                                              
the first year and 3.1 percent the second year.                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG wondered if the schedule would be the same.                                                                   
                                                                                                                                
MR. GROSSI said yes.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG asked, "The 25, 50, 75, 100 also?"                                                                            
                                                                                                                                
MR. GROSSI  said, "No.   No, they're  at a  100 percent  the first                                                              
year."                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG  wondered, "You  pay the premium  tax previously                                                              
by having  an underwriter.   The first  year it'll be  3.3 against                                                              
100 percent of your claims?"                                                                                                    
                                                                                                                                
MR. GROSSI responded yes.                                                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG said, "So, there's the variable there."                                                                       
                                                                                                                                
MR. GROSSI stated that is correct.                                                                                              
                                                                                                                                
CHAIRMAN  ROKEBERG commented,  "Previously  it  was whatever  your                                                              
premium tax was.  You said it was about 2.7 approximately."                                                                     
                                                                                                                                
MR. GROSSI clarified  that it is 2.7 percent of  the total premium                                                              
pay.                                                                                                                            
                                                                                                                                
CHAIRMAN  ROKEBERG said,  "Now  we're  going to  shift  to 3.3  of                                                              
whatever claims were paid out."                                                                                                 
                                                                                                                                
MR. GROSSI  said that is  correct and  stated, "As that  pool gets                                                              
larger, that percentage can go down."                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG wondered, "Okay,  so it's only the self-insurers                                                              
that  are getting  a  break at  the  beginning  and that's,  maybe                                                              
there's a margin  in there you can  get squeezed on?  If  I have a                                                              
perfect safety record,  [and] the other part of  OSHA, or whatever                                                              
it is,  did a  great job  and you  didn't have  a bunch of  claims                                                              
(indisc. - coughing)?"                                                                                                          
                                                                                                                                
MR. GROSSI replied:                                                                                                             
                                                                                                                                
     You wouldn't pay anything.   Yes, that's true, but there                                                                   
     wouldn't  be  as  great  a  need  for us.    I  mean  if                                                                   
     everybody  does   a  great  job  on  safety,   and  they                                                                   
     eliminate injuries, there won't  be any claims.  There'd                                                                   
     be fewer claims  and so there shouldn't be  as much work                                                                   
     for us.   So, it actually  gives us a reasonable  way of                                                                   
     cutting the budget.                                                                                                        
                                                                                                                                
Number 2118                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SANDERS  asked,  "You  say  that  their  bill,  by                                                              
performing  well and  protecting the  safety and  health of  their                                                              
employees, their  bill can go down.   Does that continue  until it                                                              
can go to nothing?"                                                                                                             
                                                                                                                                
MR. GROSSI  stated it can.   He noted  some states have  a minimum                                                              
payment, but  that was not included  in HB 378 because  if someone                                                              
is doing that good of a job they  should not have to pay anything.                                                              
                                                                                                                                
REPRESENTATIVE SANDERS commented  that it sounds like an incentive                                                              
program.                                                                                                                        
                                                                                                                                
MR. GROSSI replied  that it is an incentive program  for employers                                                              
to have safer work places.  The idea  is that if the work place is                                                              
safer then the annual fee is less.                                                                                              
                                                                                                                                
REPRESENTATIVE SANDERS added, "And  they have a direct interest in                                                              
this."                                                                                                                          
                                                                                                                                
MR. GROSSI said, "Absolutely."                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG  indicated he is  a little confused  because the                                                              
fiscal notes  for HB 378  show level amounts.   He asked,  "But we                                                              
know it's not going to be level, but that's the best guess?"                                                                    
                                                                                                                                
MR. GROSSI pointed  out that it was made revenue  neutral based on                                                              
the  1998  claims  numbers.   The  fee  and  the  graduation  were                                                              
calculated  so they  would be $3.5  million, the  amount which  is                                                              
required to fund the programs.                                                                                                  
                                                                                                                                
Number 2195                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  stated she  is confused with  respect to                                                              
the fiscal notes and asked:                                                                                                     
                                                                                                                                
     If in  fact, part of the  incentive, if you will,  is to                                                                   
     have  a perfect  safety record,  and  you can  therefore                                                                   
     reduce your  payments altogether, are the  self-insureds                                                                   
     going  to be able  to get  to a  point where they  don't                                                                   
     pay?  Because  it looks like they pay an  annual service                                                                   
     fee regardless of the safety record.                                                                                       
                                                                                                                                
MR. GROSSI clarified  that self-insureds pay the  annual fee based                                                              
on  the workers'  compensation payments.   There  is also  another                                                              
fee.                                                                                                                            
                                                                                                                                
REPRESENTATIVE MURKOWSKI  pointed out that the annual  service fee                                                              
is  kind of  a  misnomer because  a  self-insured  with a  perfect                                                              
safety record  would pay  an annual fee  based on zero  claims and                                                              
would thus have no annual service fee.                                                                                          
                                                                                                                                
MR. GROSSI  explained that  there would not  be an annual  service                                                              
fee if that were the case.                                                                                                      
                                                                                                                                
Number 2266                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked  Mr. Grossi to point out  where this is in                                                              
the bill.                                                                                                                       
                                                                                                                                
MR. GROSSI replied  it is in Section 7, page 5,  which states that                                                              
the annual service fee is part of yearly certification.                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG  wondered if the transition for  the phase-in of                                                              
fees occurs in Section 9.                                                                                                       
                                                                                                                                
MR. GROSSI  said that is correct.   Section 6 addresses  the issue                                                              
of service fees and the exact percentages to be paid each year.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG said:                                                                                                         
                                                                                                                                
     It just doesn't  come out in what I was getting  at.  It                                                                   
     doesn't say under the claims  paid, but just refers back                                                                   
     to the  statutory revision  about what the  percentages;                                                                   
     it just talks about the service fee.                                                                                       
                                                                                                                                
MR. GROSSI  referred to  Section 6, page  3, lines 24  through 26,                                                              
which reads,  "The service  fee is  the following  percent  of all                                                              
payments reported to the Alaska Workers'  Compensation Board under                                                              
AS 23.30.155(m) or (n)."                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG stated he understands now.  He asked if there                                                                 
were federal funds in the OSHA program.                                                                                         
                                                                                                                                
MR. GROSSI noted that OSHA has a 50 percent match.                                                                              
                                                                                                                                
Number 2424                                                                                                                     
                                                                                                                                
CHRIS ROSS, Corporate Health, Safety and Environmental Manager,                                                                 
NANA Development Corporation, testified via teleconference from                                                                 
Anchorage.  He stated:                                                                                                          
                                                                                                                                
     I  am testifying  today in support  of HB  378.... I  am                                                                   
     serving  my second  term on the  Alaska Safety  Advisory                                                                   
     Council and I'm past chair of  the Governor's Safety and                                                                   
     Health  Conference, and  as many  of you  know, I'm  the                                                                   
     Division Director  of the National Ski Patrol  and serve                                                                   
     on the national board of directors.                                                                                        
                                                                                                                                
     I'd like  to share a couple  of key points about  HB 378                                                                   
     that appeal  to me.  First,  it will spread the  cost of                                                                   
     funding   DOL  [Department   of   Labor  and   Workforce                                                                   
     Development]  programs such  as workers'  comp[ensation]                                                                   
     and  workers' safety  over a  much larger  group as  Mr.                                                                   
     Grossi  pointed out.   Under  the  current premium  tax,                                                                   
     there  are many employers  who are  not contributing  to                                                                   
     the  process, and  insurance  pools such  as the  Timber                                                                   
     Exchange  all enjoy  the benefits of  the DOL  programs,                                                                   
     but do  not pay premium tax.   This bill would  charge a                                                                   
     user  fee   on  all  claims,  not  traditional   premium                                                                   
     payments  which is  a more  equitable  arrangement.   In                                                                   
     other  words,  all  users  will   now  be  assessed  and                                                                   
     contribute their fair share.                                                                                               
                                                                                                                                
     The  second consequence  of  this bill  also relates  to                                                                   
     equity  and paying  a fair share.   Because  of the  new                                                                   
     funding,  employers  with  high claims  will  pay  more,                                                                   
     while  employers  with  good loss  control  programs  in                                                                   
     place will pay less.                                                                                                       
                                                                                                                                
Number 2479                                                                                                                     
                                                                                                                                
     Ten years ago, NANA embarked  on a journey to completely                                                                   
     overhaul our  safety process.   Our claims were  way too                                                                   
     high  and our  frequency and  severity  rates were  much                                                                   
     worse than  average.  As  a result of our  determination                                                                   
     to change  our culture, we achieved remarkable  results.                                                                   
     Our  claim cost  per employee  has gone  from $1.25  per                                                                   
     employee  hour in  1989...[Mr.  Ross  read from  written                                                                   
     testimony and  this is what was  cut off:  to  .02 cents                                                                   
     per hour  in 1999.   This is a  savings to us  of nearly                                                                   
     $800,000 per year.  HB 378 will  provide even more of an                                                                   
     incentive   for   employers   to   implement....   [ends                                                                   
     midspeech because of tape change]                                                                                          
                                                                                                                                
TAPE 00-21, SIDE B                                                                                                              
                                                                                                                                
     ... effective loss control strategies,  as we have done.                                                                   
     I think this  is a far more of effective  approach - the                                                                   
     carrot  -  rather  than  implementing  tougher  laws  or                                                                   
     stepping up enforcement - the stick.                                                                                       
                                                                                                                                
     And the  third attractive  element of  this bill is  the                                                                   
     bright  outlook  for  the Alaska  Department  of  Labor.                                                                   
     Recent  funding   cuts  to  DOL  have   jeopardized  the                                                                   
     Occupational Safety  and Health Division.   One possible                                                                   
     outcome of these reductions  would be a federal takeover                                                                   
     of Alaska OSH, resulting in  Alaska being a Federal OSHA                                                                   
     state.                                                                                                                     
                                                                                                                                
     This is not  a desirable outcome for  Alaskan employers.                                                                   
     We would  far prefer  dealing with  a state entity  that                                                                   
     has the  flexibility to adapt  to the unique  conditions                                                                   
     of Alaska,  and employs local  residents who  more fully                                                                   
     understand  the risks  associated  with our  workplaces.                                                                   
     This  bill would  provide  a stable  funding  mechanisms                                                                   
     that  will  protect the  mission  of worker  safety  and                                                                   
     effective      workers'      compensation      insurance                                                                   
     administration.                                                                                                            
                                                                                                                                
     As  a  side  note,  it  would  also  help  preserve  the                                                                   
     Governor's  Safety and Health  Conference, an  important                                                                   
     event  that is self-sustaining  and  helps to reach  and                                                                   
     educate many Alaskans each year  and it would prevent us                                                                   
     from having to  submit a similar bill such as  HB 418 to                                                                   
     keep designated program receipts.                                                                                          
                                                                                                                                
     As I review  each section of this proposed  legislation,                                                                   
     it all  makes good, common sense.   It spreads  the cost                                                                   
     of  these important  functions throughout  the users  in                                                                   
     the  State,  and  it rewards  excellence  and  helps  to                                                                   
     maintain  our important  local  relationships.   There's                                                                   
     two concerns I have about the  bill which is a refund on                                                                   
     subrogation  and also  that we deserve  some prior  year                                                                   
     claims  would not be  taxed, but  otherwise it's a  good                                                                   
     bill.                                                                                                                      
                                                                                                                                
Number 0072                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  referred to Mr. Ross'  comment regarding                                                              
a  refund on  subrogation.   She  asked Mr.  Ross  to explain  his                                                              
concern.                                                                                                                        
                                                                                                                                
MR.  ROSS  replied, "If  we're  paying  in  premium tax  based  on                                                              
claims, some  claims we  later subrogate and  get the  money back.                                                              
So, we would be  looking for a credit for subrogated  claims."  In                                                              
reply to Chairman Rokeberg, he explained  that his other point had                                                              
to do  with the  term "claims".   He  is not  exactly sure  what a                                                              
claim is under this bill.  He presumes  it is a paid-out claim and                                                              
would not  include reserves.  From  his perspective, NANA  has far                                                              
more reserves than  paid-out claims.  If there was  a tax based on                                                              
reserves,  it would  be anywhere  between three  and ten times  as                                                              
much as  a tax pain  on actual claims.   He indicated  that claims                                                              
from prior  years, which  have already been  assessed down  to the                                                              
premium tax, should not be double-taxed.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Grossi to address these issues.                                                                     
                                                                                                                                
Number 0127                                                                                                                     
                                                                                                                                
MR. GROSSI said,  with respect to subrogation, he  had not thought                                                              
about  that.   He noted  that there  would  somehow have  to be  a                                                              
reduction  for   that  which  could   possibly  be   done  through                                                              
regulation.                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked  Mr. Grossi to speak to  the definition of                                                              
a "claim".                                                                                                                      
                                                                                                                                
MR. GROSSI  replied, "The way we  have it, it's just  the reported                                                              
actual claim  payments made  in the annual  report.  So,  it would                                                              
not in any way...be charged against the reserve."                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG wondered if it is fully defined in the bill.                                                                  
                                                                                                                                
MR. GROSSI responded, "Not in those  words, but because the annual                                                              
report only reports actual payments  made."  He reiterated that it                                                              
appears  in  Section  6,  page  3,   lines  23  through  24.    AS                                                              
23.30.155(m) and (n),  in Section 6, require a  report of payments                                                              
made on workers' compensation claims.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG referred to AS 23.30.155(m).                                                                                  
                                                                                                                                
MR. GROSSI said the statute refers to actual payments made.                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG wondered,  "Just to  payment of  the claims  or                                                              
litigation costs?"                                                                                                              
                                                                                                                                
MR.  GROSSI  specified that  it  is  all payments  made  regarding                                                              
claims with the exception of the administrative costs.                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG  said he  believes a claim  needs to  be defined                                                              
very clearly in the bill.                                                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI commented:                                                                                             
                                                                                                                                
     I listened  to what you said,  and I was waiting  for it                                                                   
     to become clear to me exactly  what the claim was.  What                                                                   
     I heard the previous speaker  mention was whether or not                                                                   
     reserves are included as part  of that and I didn't hear                                                                   
     any mention  of it.   So, it  sounds like there's  still                                                                   
     some  vagueness,  I  think,   as  to  the  term  and  it                                                                   
     certainly couldn't hurt to clarify it in the statute.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "Is the interest on  your litigation, is                                                              
that part of a claim paid out because you're paying it out?"                                                                    
                                                                                                                                
MR. GROSSI answered yes.                                                                                                        
                                                                                                                                
Number 0315                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  referred to  a February 4,  2000, letter                                                              
from  the  Workers'   Compensation  Committee  of   Alaska  (WCCA)                                                              
[included  in the  bill packet].   It  states in  the letter  that                                                              
WCCA's support  of the  bill is "based  on the qualification  that                                                              
the fees  raised be used specifically  for the purpose  stated and                                                              
not be  diverted" to any  other uses.  She  asked if there  is any                                                              
way for the fees to be used for other purposes.                                                                                 
                                                                                                                                
MR.  GROSSI  indicated the  fees  will  be  placed in  a  separate                                                              
account.   He hopes the  Legislature will  choose to use  the fees                                                              
for the  specific purposes stated.   However, it is  possible, but                                                              
highly unlikely, the fees could be used for other purposes.                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI  asked if this  issue has been  a subject                                                              
of controversy.                                                                                                                 
                                                                                                                                
MR. GROSSI said:                                                                                                                
                                                                                                                                
     I  think  the  employers,  in   their  discussion,  were                                                                   
     concerned  that it  could potentially  be raided, but  I                                                                   
     don't  think that  that's likely.   I  don't think  that                                                                   
     those accounts,  those special accounts that  exist, get                                                                   
     raided.   So, I guess  the answer  to that is  you can't                                                                   
     have  a purely  designated fund  because  that would  be                                                                   
     unconstitutional.   However, you can have  these special                                                                   
     accounts  that  allow  money  to be  available  for  the                                                                   
     funding of...those purposes.                                                                                               
                                                                                                                                
Number 0385                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG pointed  out that  there  are several  concerns                                                              
regarding the misuse of the funds.                                                                                              
                                                                                                                                
MR. GROSSI  stated that it is  the legislature that truly  has the                                                              
choice.  The Department of Labor  and Workforce Development (DLWD)                                                              
would not really  have any control.  He explained  that the budget                                                              
process  would  still  go forward,  but  it  would  be up  to  the                                                              
Legislature  to  budget  how  the   money  would  be  used.    The                                                              
Department  would not  be  able to  spend any  more  than what  is                                                              
allocated  by  the  budget.    He is  not  sure  if  this  answers                                                              
Representative Murkowski's question.                                                                                            
                                                                                                                                
REPRESENTATIVE  MURKOWSKI replied  that it does.   She  simply was                                                              
unsure if this had been a concern  by employers that they would be                                                              
paying into  this and then not have  the ability to access  to the                                                              
money for the intended purposes.                                                                                                
                                                                                                                                
MR. GROSSI clarified that employers  are willing to pay the fee if                                                              
it is then going to be used to fund  the programs being discussed.                                                              
                                                                                                                                
Number 0460                                                                                                                     
                                                                                                                                
GENE  STORM, Staff  Support,  Workers' Compensation  Committee  of                                                              
Alaska, testified via teleconference from Anchorage.  He stated:                                                                
                                                                                                                                
     WCAA  represents approximately  600 employers,  insurers                                                                   
     and defense  attorneys statewide.   There's a  17-member                                                                   
     board.    At the  time  that  the Board  addressed  this                                                                   
     issue,  there were 15  active members  on the Board  and                                                                   
     not all  board members participated  in the vote.   Some                                                                   
     chose  to abstain  or did  not  vote.   The majority  of                                                                   
     those who  did vote, supported this legislation,  and it                                                                   
     followed  some  discussions  with  Mr.  Grossi  and  Mr.                                                                   
     Flanagan   [Commissioner,   DLWD]  from   the   Division                                                                   
     [Department] of Labor when the  legislation was in draft                                                                   
     form.                                                                                                                      
                                                                                                                                
     The issue  raised by  Representative Murkowski  was very                                                                   
     critical  for those  people who voted  to support  this.                                                                   
     They did so  contingent on the money being  raised going                                                                   
     back into  the program as described  in the bill.   They                                                                   
     didn't  want the  money that  they paid  to support  the                                                                   
     Division or  the safety programs  to be rated  for other                                                                   
     purposes.                                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG  asked if Mr. Storm  participated in the  ad hoc                                                              
committee.                                                                                                                      
                                                                                                                                
MR. STORM  said he provided  staff support to  the board.   He did                                                              
not  participate  in  the  ad  hoc  committee  deliberation.    He                                                              
commented that  hundreds of  hours were spent  on meetings  over a                                                              
period of two months.                                                                                                           
                                                                                                                                
CHAIRMAN  ROKEBERG asked  whether Mr.  Storm is  in a position  to                                                              
inform the  committee if  there is any  connection between  HB 378                                                              
and  the other  ad  hoc bill  [HB  419] that  will  be before  the                                                              
committee.                                                                                                                      
                                                                                                                                
MR. STORM explained  that there is no connection  even though both                                                              
bills came  up at the same time.   There had been  discussion last                                                              
year regarding  the service provided  by the Division  and whether                                                              
or not the level of service could  be sustained given the last few                                                              
budget cuts.  He believes there was  a consensus at the WCCA level                                                              
that it is  important for everyone  who uses the system  to have a                                                              
level of service that results in  claims being processed in a more                                                              
expeditious manner.                                                                                                             
                                                                                                                                
Number 0621                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG stated  that it seems HB 419  offsets the intent                                                              
of HB 378 to increase premiums.                                                                                                 
                                                                                                                                
MR. STORM confirmed that would be the case.                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG said:                                                                                                         
                                                                                                                                
     I  have a marketing  background.   I'd say  it would  be                                                                   
     kind of a  marketing tool that you can sell  the concept                                                                   
     of   this and  then it's  easier to  sell the other  one                                                                   
     which  is  an  increase  in  premiums.    Was  that  not                                                                   
     discussed at the ad hoc committee or WCCA?                                                                                 
                                                                                                                                
MR. STORM  responded no  and stated  that the  two bills  were not                                                              
really  tied together  during the  ad hoc committee  process.   He                                                              
commented there were  a lot of details in the ad  hoc process that                                                              
were discussed  through a long series  of meetings, but  they were                                                              
not tied to the change in funding for the Division.                                                                             
                                                                                                                                
Number 0718                                                                                                                     
                                                                                                                                
GLENN SMITH, Risk Manager, Municipality of Anchorage [MOA],                                                                     
testified via teleconference from Anchorage.  He is a former                                                                    
member of the WCCA.  He stated:                                                                                                 
                                                                                                                                
     I'd like  to state that  it's very difficult  in today's                                                                   
     day   in  age and  with our  budget cuts  to argue  with                                                                   
     supporting   our  Department   of  Labor  and   workers'                                                                   
     compensation system as well  as OSHA.  As you may or may                                                                   
     not  be  aware,  the  Municipality's  been  self-insured                                                                   
     since 1976  and I just  wanted to  make it clear  to the                                                                   
     members that  we're one of the largest  self-insureds in                                                                   
     the state  with the exception  of the State  [of Alaska]                                                                   
     most likely  and we  do pay premium  tax in the  form of                                                                   
     excess premiums.                                                                                                           
                                                                                                                                
     I  don't believe  there's a  self-insured entity  within                                                                   
     the  state that doesn't  have excess  coverage over  and                                                                   
     above their  self-insured retention.   Secondly,  I have                                                                   
     some  difficulty in  paying  a user  fee  on my  defense                                                                   
     costs.  I don't have a problem  with indemnity payments,                                                                   
     but on defense costs and medical  payments which account                                                                   
     for approximately;  the medical-only claims  account for                                                                   
     approximately  two-thirds of  my claim  frequency on  an                                                                   
     annual basis.   And  over the last  ten years that  I've                                                                   
     gone  through  this,  we've been  consistent  within  50                                                                   
     claims  per year.   So,  we  have a  very active  safety                                                                   
     program.                                                                                                                   
                                                                                                                                
     We spend a  great deal of money.  Every  department head                                                                   
     in  the  city contributes  to  it  on a  monthly  basis.                                                                   
     We've had  one OSHA complaint  in my entire  tenure with                                                                   
     the Municipality  which admittedly  has only been  three                                                                   
     years.   And I do not see  why I would be paying  a user                                                                   
     fee  on  my  defense  costs to  support  a  system  that                                                                   
     generally supports  the injured  worker.  It  seems that                                                                   
     there would be a conflict of interest there.                                                                               
                                                                                                                                
     On the other  hand,  I have no adversity  for supporting                                                                   
     the  system.   It  just, I  feel,  should  be done  more                                                                   
     equitably  and the  bill should  reflect  that it's  not                                                                   
     based  on  prior  claims  because,  from  the  carrier's                                                                   
     standpoint they've  already paid the premium  tax on it.                                                                   
     And from  my standpoint, I've  already paid  the premium                                                                   
     tax  on the  excess  coverage...We have  several  claims                                                                   
     that  have been  open 10  and 15  years, fatalities  and                                                                   
     such.   And  I'm sure  many  of the  other employers  do                                                                   
     also.                                                                                                                      
                                                                                                                                
Number 0858                                                                                                                     
                                                                                                                                
REPRESENTATIVE   MURKOWSKI  referred   to   Mr.  Smith's   comment                                                              
regarding  the Municipality  already  paying the  equivalent of  a                                                              
premium  tax through  the excess  premiums.  She  asked, "If  this                                                              
bill is passed,  and you pay this annual service  fee, that excess                                                              
premium expense is still there, is it not?"                                                                                     
                                                                                                                                
MR.  SMITH said  that is  correct.   He believes  the premium  tax                                                              
which is paid is based on a combined  loss ratio.  He thinks it is                                                              
important to differentiate  for everyone that there  is a distinct                                                              
difference between an insurance company's  combined loss ratio and                                                              
their claim loss ratio.  Most carriers  today have a combined loss                                                              
ration in  excess of  125 percent for  workers' compensation.   He                                                              
wondered if the  percent has consistently been 3.5  on the premium                                                              
tax.                                                                                                                            
                                                                                                                                
Number 0928                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  said 3.5  percent is correct.   He  stated that                                                              
the MOA  in 1998 paid $2,302 of that tax.                                                                                       
                                                                                                                                
MR. SMITH replied that is based on $2.4 million in claims.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG asked, "At what  level does your excess kick in,                                                              
Mr. Smith?"                                                                                                                     
                                                                                                                                
MR. SMITH responded  that it is $500,000  this year .   He further                                                              
stated:                                                                                                                         
                                                                                                                                
     Of course,  under the premium tax, an  insurance company                                                                   
     can   use   their   claims    adjusting   administration                                                                   
     underwriting  is included in  that combined loss  ratio.                                                                   
     In my case, I'm paying a self-insured  administrator and                                                                   
     claims  adjuster,  at  least   from  the  Municipality's                                                                   
     standpoint, above  and beyond, and that's  a substantial                                                                   
     amount yearly.                                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG said that is their choice though.                                                                             
                                                                                                                                
MR. SMITH replied that is correct.                                                                                              
                                                                                                                                
Number 1027                                                                                                                     
                                                                                                                                
DON ETHERIDGE,  Lobbyist,  Alaska State  AFL-CIO, came forward  to                                                              
testify in support  of HB 378.  He indicated there  is a letter of                                                              
support  in  the  bill  packet from  the  AFL-CIO.    The  AFL-CIO                                                              
considers  HB  378  a very  important  piece  of  legislation  for                                                              
protecting  workers' safety  and  taking care  of  those that  are                                                              
injured due to lack of safety.  He  said last year they came close                                                              
to losing the OSHA  program.  One of the effects  of becoming part                                                              
of the federal  OSHA is that  public employees would no  longer be                                                              
covered under any kind of an OSHA program.                                                                                      
                                                                                                                                
Number 1088                                                                                                                     
                                                                                                                                
ALAN WILSON,  President, Alaska  State Home Builders  Association,                                                              
came forward to  testify on HB 378.  He read  the following letter                                                              
of support:                                                                                                                     
                                                                                                                                
     The Alaska State Home Builders  Association [Alaska HBA]                                                                   
     voted  to  support  House Bill  378  for  the  following                                                                   
     reasons.                                                                                                                   
                                                                                                                                
     Home builders across Alaska  recognize the importance of                                                                   
     dealing with  workers' compensation claims  and disputes                                                                   
     in a timely manner.  We know  this can only be done with                                                                   
     a  stable  source  of  funding  which  this  bill  would                                                                   
     provide.   We further advocate that the  funds collected                                                                   
     remain  separate from  the State's  general fund and  be                                                                   
     used for the purpose stated in the bill.                                                                                   
                                                                                                                                
     Second, as  employers engaged in an industry  that deals                                                                   
     with  OSHA on  a  regular basis,  we  support this  bill                                                                   
     because  we adamantly insist  on in-state management  of                                                                   
     the  OSHA program.   Under  federal  control any  appeal                                                                   
     hearings would be held in Seattle.   The cost of travel,                                                                   
     hiring lawyers,  and the time  involved would  create an                                                                   
     economically  disastrous situation  for small  employers                                                                   
     across the state.                                                                                                          
                                                                                                                                
     The Alaska  State Home Builders Association  understands                                                                   
     the  importance  of  a stable  funding  source  for  the                                                                   
     Workers'  Compensation and in-state  management of  OSHA                                                                   
     programs.   It is with this  goal that we  support House                                                                   
     Bill 378.                                                                                                                  
                                                                                                                                
MR. WILSON commented that a few years  ago the Alaska HBA pushed a                                                              
piece of legislation with a similar  impact for the employers.  He                                                              
thinks it is  advantageous to pursue ways to offer  incentives for                                                              
workers to provide safety programs and make job sites safe.                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  asked,  "Is  that  bill  on  the  self-insured                                                              
programs still wandering around the halls of this building?"                                                                    
                                                                                                                                
MR. WILSON affirmed that it is.                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG  said, "For that to be enacted,  you'd have...to                                                              
be paying a surcharge, if you will,  or a percentage of the claims                                                              
paid out.  Were you aware of that?"                                                                                             
                                                                                                                                
MR. WILSON replied  yes and stated that the Alaska  HBA, under the                                                              
bill they  sponsored a  few years  ago, was one  of the  few self-                                                              
insureds that  would have  voluntarily paid the  premium tax.   He                                                              
believes HB 378 is a better approach.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  asked if  the state inspects  any of  HBA's job                                                              
sites.                                                                                                                          
                                                                                                                                
Number 1241                                                                                                                     
                                                                                                                                
MR. WILSON responded that is exactly how it works.  He noted:                                                                   
                                                                                                                                
     You know,  OSHA's one  of those things  that; kind  of a                                                                   
     love-hate relationship  going on,  you hate  to see them                                                                   
     on  your  job  site,  but  just  knowing  they're  there                                                                   
     increases  the likelihood  that you're  going to  comply                                                                   
     with  safety programs.   The fear  for us  is that  if a                                                                   
     federal  OSHA person came  in, it's  going to be  pretty                                                                   
     tough to sit down and work through  any issues with that                                                                   
     inspector and then the appeal  process, of course, would                                                                   
     be to Seattle or possibly Washington,  D.C. which would,                                                                   
     for  a  small   home  builder,  that  would   be  pretty                                                                   
     disastrous.                                                                                                                
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if OSHA  actually comes  out to the  job                                                              
sites.                                                                                                                          
                                                                                                                                
MR. WILSON said they do come out to job sites occasionally,                                                                     
typically by request.                                                                                                           
                                                                                                                                
Number 1300                                                                                                                     
                                                                                                                                
MR. RITCHIE stated that the Alaska Municipal League [AML]                                                                       
supports the work the department has done in this area.  He                                                                     
commented:                                                                                                                      
                                                                                                                                
     What I wanted to sensitize you  to is simply the kind of                                                                   
     comprehensive  impact of  a  number of  issues that  are                                                                   
     happening  at the  same time on  municipalities and  tax                                                                   
     payers.  From  a standpoint of allocating  the costs, an                                                                   
     insurance company  would be going  from a tax to  a fee.                                                                   
     In this  particular instance,  for better or  for worse,                                                                   
     municipalities,  or  the  Joint  Insurance  Association,                                                                   
     would be going from no cost to a percentage fee.                                                                           
                                                                                                                                
     I'm  not  going to  comment  on  whether that's  a  good                                                                   
     system or a  bad system, but I just wanted  to just talk                                                                   
     to you  about for a  very brief  was, of all the  things                                                                   
     that are happening right now,  Mr. Grossi suggested that                                                                   
     it might  be $400 per year  or per municipality  for the                                                                   
     small ones.   In that particular instance,  though, many                                                                   
     of these small municipalities  now are receiving $23,000                                                                   
     to  $25,000   in  revenue-sharing   funds  cut   several                                                                   
     thousand  dollars from  the  previous year  so when  you                                                                   
     look at the  context of that, it may be  one-third, even                                                                   
     50  percent of  their total  municipal  budget, it  does                                                                   
     make an impact.                                                                                                            
                                                                                                                                
Number 1399                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO wondered if it is fair that municipalities                                                                
do not pay anything for the same service that private insureds                                                                  
do.                                                                                                                             
                                                                                                                                
MR. RITCHIE said he does not think it is fair.  He clarified:                                                                   
                                                                                                                                
     And  all I'm commenting  on  is, in the  context, is  it                                                                   
     fair that lots of costs from  a whole different bunch of                                                                   
     areas  together impact  both the  taxes?   My answer  to                                                                   
     that  would be it's  not fair  either.   And there  is a                                                                   
     compromise, obviously.  You  know, we're hoping that the                                                                   
     legislature works on a long-range,  comprehensive fiscal                                                                   
     plan  that includes  considering what  local tax  payers                                                                   
     have to pay and working on that. ...                                                                                       
                                                                                                                                
     Obviously, partially or fully  restoring the funding for                                                                   
     revenue sharing  mitigates a lot of this  kind of issue,                                                                   
     but there  needs to  be something on  both sides  of the                                                                   
     balance  sheet.   One point  I  would like  to make,  my                                                                   
     understanding,  and I'd  maybe have  Mr. Grossi  comment                                                                   
     more  on this,  is that  the premium  tax apparently  is                                                                   
     being paid  on the excess  insurance; that probably  the                                                                   
     savings would  not get passed on to the  Joint Insurance                                                                   
     Association.  I'm not really  sure how that relationship                                                                   
     works, but its, what Mr. Smith  essentially referred to,                                                                   
     and  the  play  between  saving   money  for  a  private                                                                   
     company,  it  may  or  may not  get  passed  on  to  the                                                                   
     municipality through the insurance program.                                                                                
                                                                                                                                
Number 1499                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO referred  to  Mr. Ritchie's  letter in  the                                                              
bill packet  which reads  that municipalities  "cannot absorb  the                                                              
cost  of  additional  state  mandates  without  raising  taxes  or                                                              
cutting local services".  He stated  HB 378 is a "pay-as-you-play"                                                              
proposal.  He  indicated that local  services would not need to be                                                              
cut, but that  workers' compensation claims would need  to be cut.                                                              
He  pointed out  that  there was  some  controversy  four or  five                                                              
months  ago in  Anchorage regarding  road grader  drivers.   These                                                              
drivers  were  on  workers'  compensation  because  they  suffered                                                              
injuries from  plowing over  manhole covers.   Some of  the debate                                                              
revolved around  who was responsible  for covering  their workers'                                                              
compensation  claims.   The drivers  claimed  the Municipality  of                                                              
Anchorage   should    have   fixed   the   problem    years   ago.                                                              
Representative Halcro asked, "With  this type of program in place,                                                              
don't you feel that municipalities  might be a little more quicker                                                              
to respond to potential safety hazards?"                                                                                        
                                                                                                                                
MR. RITCHIE  said no.   He  explained that  there is a  tremendous                                                              
incentive to save money through workers'  compensation.  He stated                                                              
that Mr.  Smith [Kevin  Smith] is  here with  the Joint  Insurance                                                              
Association [JIA]  which is actually a separate  organization from                                                              
AML.  From his experience, the costs  are pretty staggering.  In a                                                              
self-insured program,  more of the cost goes directly  back to the                                                              
municipality itself.  He commented  those municipalities which are                                                              
self-insured  or anyone  insured  by the  JIA have  a charge  back                                                              
system  for organizations  which  have  higher than  average  loss                                                              
rates.   One of the  advantages of the  JIA is they  provide loss-                                                              
control service far more than any private insurance company.                                                                    
                                                                                                                                
Number 1668                                                                                                                     
                                                                                                                                
KEVIN  SMITH,   Risk  Manager,   Alaska  Municipal   League  Joint                                                              
Insurance Association, came forward to testify on HB 378.                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Smith  to explain what his association                                                              
does and what opinion he has on HB 378.                                                                                         
                                                                                                                                
MR. SMITH stated:                                                                                                               
                                                                                                                                
     About 15 years ago, municipalities  and school districts                                                                   
     were  having  a  tough time  buying  insurance  so  they                                                                   
     turned to  the Alaska State Legislature and  said, "We'd                                                                   
     like to  give a  big California  howdy to any  insurance                                                                   
     companies and  we'd like to do this ourselves."  and the                                                                   
     Legislature said, "Okay".                                                                                                  
                                                                                                                                
     So,  what they've  got  now  in law  is the  ability  to                                                                   
     basically     pool    self-insurance    for     workers'                                                                   
     compensation, liability  and property.  With  respect to                                                                   
     the workers'  comp[ensation] provisions here,  you know,                                                                   
     I  think  that  everybody  at   this  table  can  see  a                                                                   
     difference between government  and an insurance company.                                                                   
     Is it  fair ... that governments  don't pay as  they go?                                                                   
     Well, these are your constituents,  these are members of                                                                   
     our  organization,  it's  a  public entity.    We  don't                                                                   
     typically  tax public  entities.   Yeah, I  think it  is                                                                   
     fair  that, perhaps,  municipalities and  the state  and                                                                   
     public entities  don't pay as they  go.  This is  a hard                                                                   
     cost that basically would be  passed on to the municipal                                                                   
     governments and, frankly, the  timing couldn't be worse.                                                                   
                                                                                                                                
REPRESENTATIVE  HALCRO stated  that  Mr. Grossi  pointed out  that                                                              
there  are  only  six states  that  do  not  get  some kind  of  a                                                              
contribution.   That leaves 44 states  that have a program similar                                                              
to what is  being proposed in HB  378.  He said, "I  would say, in                                                              
the  case where  you're concerned  about  governments taxing  each                                                              
other, it seems to be okay in 44 of the 50 states."                                                                             
                                                                                                                                
MR.  SMITH  said he  is  unclear  as  to whether  Mr.  Grossi  was                                                              
proposing legislation  similar to this or whether  it specifically                                                              
applies to  public entities.  He  was under the impression  that a                                                              
fee-based  schedule  was being  discussed  with  respect to  these                                                              
states.                                                                                                                         
                                                                                                                                
CHAIRMAN  ROKEBERG  asked  how many  different  municipalities  or                                                              
organizations are involved with his group.                                                                                      
                                                                                                                                
MR. SMITH said  there are 141 municipalities and  school districts                                                              
in his group.   There is another pool in the  state which consists                                                              
of another 20 to 25 municipalities  and school districts.  The JIA                                                              
is a voice for  a much broader section of the  municipalities that                                                              
are  "self-insured", but not really.                                                                                            
                                                                                                                                
Number 1854                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG wondered if Mr.  Smith has an idea of the impact                                                              
number wise.                                                                                                                    
                                                                                                                                
MR. SMITH said the JIA, if their  claims remain stable, could stay                                                              
at about $56,000  four years out.  He added that  there has been a                                                              
lot of  discussion about  how the 3.3  percent increase  for self-                                                              
insureds  will provide an  incentive for  losses to  go down.   He                                                              
pointed out  that it  is 3.3 percent  on all  the money  the self-                                                              
insureds  are already  paying out  on workers'  compensation.   He                                                              
stated, "The  fact that they're  self-insured and  paying workers'                                                              
compensation alone  is reason enough  and incentive enough  to try                                                              
and get their losses down."                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  asked if  the  MOA  and the  Anchorage  School                                                              
District are part of his group.                                                                                                 
                                                                                                                                
MR. SMITH  said these organizations  are part of the  AML's mother                                                              
group.  They  are self-insured and  not part of a  joint insurance                                                              
arrangement.   The North  Slope Borough is  an exception  to this.                                                              
His  group provides  a layer  of their  law enforcement  liability                                                              
between  their  self-insurance  and   another  type  of  insurance                                                              
purchased elsewhere.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG  indicated there  needs to  be amendments  to HB
378 with respect  to refunds on subrogation and  the definition of                                                              
a claim.                                                                                                                        
                                                                                                                                
Number 2043                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO asked  for clarification  on the number  of                                                              
states which have  a similar program to what is  being proposed in                                                              
HB 378.                                                                                                                         
                                                                                                                                
MR. GROSSI said  he believes there are approximately  16 that have                                                              
a fee based on compensation pay.                                                                                                
                                                                                                                                
Number 2189                                                                                                                     
                                                                                                                                
JOHN GEORGE,  National Association  of Independent Insurers,  came                                                              
forward to testify on HB 378.  He stated:                                                                                       
                                                                                                                                
     We're  not really  opposed to  the bill,  but there's  a                                                                   
     couple of things that came up  in testimony today that I                                                                   
     think  are   important  to  clarify.     Several  people                                                                   
     mentioned, "We  don't want to pay twice".   If you write                                                                   
     a  policy this  year and you  pay the  losses next,  you                                                                   
     want to  make sure  you haven't paid  out a premium  tax                                                                   
     and then  have to pay  a fee on  top of the  losses that                                                                   
     apply this year's premium.                                                                                                 
                                                                                                                                
     Several people  have mentioned that, but I  haven't seen                                                                   
     how we're  going to  address that to  make sure  that we                                                                   
     don't have to  pay twice.  And the reason  that I really                                                                   
     think that's  important is that  a lot of  testimony has                                                                   
     hinged  about  insurance companies  paying.    Insurance                                                                   
     companies don't  pay, they pass on.  It's  almost like a                                                                   
     sales tax.   The  merchant doesn't pay  sales tax.   The                                                                   
     individual  pays it.   It  goes  to the  merchant.   The                                                                   
     merchant  sends   it  in.    Premium  tax   on  workers'                                                                   
     comp[ensation] is  an add-on.  The fee on  the claims is                                                                   
     going to be an add-on.                                                                                                     
                                                                                                                                
     Now,  it's a  little  more difficult  to  figure it  out                                                                   
     because  you don't  know precisely  what the claims  are                                                                   
     going to  be.  You know  what precisely the  premium is,                                                                   
     but  assuming  that an  insurance  company  is going  to                                                                   
     adjust  to that,  they will  figure out what  it is  and                                                                   
     they  will pass  it on  to employers.    So, what  we're                                                                   
     really talking  about is small employers who  are unable                                                                   
     to  self-insure  or large  employers  who elect  not  to                                                                   
     self-insure are paying, at this  point, into the general                                                                   
     fund, unrestricted, money's just there.                                                                                    
                                                                                                                                
     So, you  could say that it's  sort of been going  to the                                                                   
     Department of  Labor for these or not, depending  on how                                                                   
     you want to look at it.... This  does level that playing                                                                   
     field   a  little   bit.    It   makes  insurance   more                                                                   
     competitive,   I   suppose  with   self-insurance,   but                                                                   
     probably  not  enough to  really  make a  difference  in                                                                   
     whether someone was self-insured  or not.  We do support                                                                   
     the  fact that  it brings in  the other  players and  we                                                                   
     think that they ought to be  contributing...I think it's                                                                   
     important  to   note  that  this  is   really  affecting                                                                   
     employers not insurance companies.                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked if the statutory tax has always been due                                                                
on March 1.                                                                                                                     
                                                                                                                                
MR. GEORGE said he believes the tax  has to be collected quarterly                                                              
now.  The premium is earned during a policy year.  He explained:                                                                
                                                                                                                                
     Let's say you  bought a policy on January 1,  2000.  The                                                                   
     premium is  earned all during  2000, but the  claims may                                                                   
     be largely paid  out in 2001.  You paid  the premium tax                                                                   
     and that was passed to the small  employers, then we pay                                                                   
     the claims in  2001 and pay an additional fee  on top of                                                                   
     those which,  I assume, we're  going to have to  go back                                                                   
     to the Division of Insurance  and say we need to go back                                                                   
     and retroactively  charge are employer insureds  so that                                                                   
     we can have  additional money to pay those.   Or, if the                                                                   
     claim results  out of policy  period for which  you paid                                                                   
     the tax,  you don't have  to pay the  fee.  And  I think                                                                   
     that probably is more logical.                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG  stated, "Well, everybody in the  business knows                                                              
up here the tax is due on or around  the first of March.  So, when                                                              
are the policy years for workers' comps (indisc.)?"                                                                             
                                                                                                                                
[Due to a tape change, Mr. George's response was not recorded.]                                                                 
                                                                                                                                
TAPE 00-22, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  voiced concern that  the anniversary date  of a                                                              
workers'  compensation  policy typically  varies  with respect  to                                                              
when the underwriting occurred.  He said:                                                                                       
                                                                                                                                
     It's conceivable  that with  a March  1 premium tax,  if                                                                   
     you bought  a policy sometime  in February of  the year,                                                                   
     that next  year, assuming  this bill  were to pass,  you                                                                   
     would  pay the  full premium  tax  on March  1 and  then                                                                   
     starting on; would that be prorated?                                                                                       
                                                                                                                                
MR.  GEORGE indicated  it  would be  similar  to income  tax.   He                                                              
explained  that the  tax year  is January  1 to January  1,  but a                                                              
person pays in April.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "So, whatever isn't a  prorated share of                                                              
how much premium you'd pay to the prior calendar year?"                                                                         
                                                                                                                                
MR. GEORGE said he is not sure.                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked Bob Lohr  if he could answer his question.                                                              
                                                                                                                                
Number 0104                                                                                                                     
                                                                                                                                
BOB  LOHR,   Director,  Division   of  Insurance,  Department   of                                                              
Community and  Economic Development, testified  via teleconference                                                              
from Anchorage.   He indicated  he does  not know the  answer, but                                                              
would get back to Chairman Rokeberg with a response.                                                                            
                                                                                                                                
MR.  GEORGE   recalled  that  there   is  now  an   exemption  for                                                              
municipalities paying a premium tax.                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG  asked Kevin  Smith if  he knows anything  about                                                              
that.                                                                                                                           
                                                                                                                                
MR. SMITH replied that he does not  know.  He said if the JIA does                                                              
pay  it,  then  it  would  the reinsurers  who  are  paying.    He                                                              
reiterated that his organization is self-insured.                                                                               
                                                                                                                                
MR. GEORGE said,  "I've been corrected by the  State Risk Manager,                                                              
and it is only on surplus lines that  the tax difference; so, this                                                              
would not apply to workers' comp[ensation]."                                                                                    
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if there  is  a premium  tax on  surplus                                                              
lines.                                                                                                                          
                                                                                                                                
MR.  GEORGE explained  that  there  is a  premium  tax on  surplus                                                              
lines,  but  the  exemption  is  for that  tax.    He  added  that                                                              
municipalities  are not exempted  from a  premium tax on  workers'                                                              
compensation.                                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG  wondered, "Do they  pay the tax or not?  Yes or                                                              
no?"                                                                                                                            
                                                                                                                                
MR.  GEORGE  said he  believes  if  a municipality  buys  workers'                                                              
compensation  insurance, then  the insurance  company will  add on                                                              
premium  tax and charge  it to  the municipality.   The  insurance                                                              
company will  then pay the premium  tax to the State  on municipal                                                              
workers' compensation.                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG asked,  "And it's best to use it  for the excess                                                              
lines because they're self-insured?"                                                                                            
                                                                                                                                
MR.  GEORGE answered,  "You don't  want to  go there.   It's  just                                                              
different."                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG said:                                                                                                         
                                                                                                                                
     The  other  issue would  be  whether, for  example,  you                                                                   
     heard testimony on those third-party  administrators for                                                                   
     these programs and so that'd  be part of the whole claim                                                                   
     payments  and  the  fees  charged   by  the  third-party                                                                   
     administrators to operate their programs.                                                                                  
                                                                                                                                
MR.  GEORGE said  he  understands that  the  Division of  Workers'                                                              
Compensation is  looking for  is the amount  on the check  that is                                                              
handed to  the employee  or to the doctor,  and would  not include                                                              
claim payments, administrative fees, adjusting fees, etcetera.                                                                  
                                                                                                                                
CHAIRMAN  ROKEBERG  said  that  is  why  he  would  like  a  clear                                                              
definition of a claim.                                                                                                          
                                                                                                                                
Number 0333                                                                                                                     
                                                                                                                                
MR. GROSSI said  he thinks a claim is well-defined  in HB 378.  He                                                              
clarified that  administrative costs  would not  be included.   It                                                              
would  strictly  be  workers'  compensation   payments  which  are                                                              
reported in  the annual  report.  He  could provide an  example of                                                              
what kind of costs are reported in that report.                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG stated, "That's  basically what you're testimony                                                              
was and  it ties  into that,  the language  in the statute  there.                                                              
That's subsection (m)?"                                                                                                         
                                                                                                                                
MR. GROSSI replied yes.                                                                                                         
                                                                                                                                
CHAIRMAN  ROKEBERG asked  Mr. Lohr  to get back  to the  committee                                                              
with information regarding the calculation  on the premium tax now                                                              
for  excess lines  and how  the March  1  date impacts  that.   He                                                              
suggested that Mr. Lohr speak with  Mr. Grossi on the transitional                                                              
elements outlined in HB 378.                                                                                                    
                                                                                                                                
MR. LOHR agreed to do that.                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if  Mr. Lohr  had  any further  comments                                                              
regarding the rights of subrogation or any other issues.                                                                        
                                                                                                                                
MR. LOHR replied no.  He stated:                                                                                                
                                                                                                                                
     Basically,  the division  views this  as our duty  under                                                                   
     current  statute is to  collect the  premium tax at  the                                                                   
     established  rate by the  Legislature and process  those                                                                   
     funds  in the unrestricted  general fund.   And I  don't                                                                   
     think it's  the place of the  division to advise  on the                                                                   
     policy   question  of   the  most   effective  for   the                                                                   
     Legislature to fund the workers' compensation.                                                                             
                                                                                                                                
[HB 378 was held over.]                                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0511                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing                                                               
Committee meeting at 5:10 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                

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