Legislature(1999 - 2000)

03/29/2000 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                                                                          
                         March 29, 2000                                                                                         
                            3:28 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative Lisa Murkowski                                                                                                   
Representative John Harris                                                                                                      
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
Representative Jerry Sanders                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 193(FIN)                                                                                                 
"An Act relating to the payment of wages and claims for the                                                                     
payment of wages."                                                                                                              
                                                                                                                                
     - MOVED CSSB 193(FIN) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CONFIRMATION HEARINGS:                                                                                                          
                                                                                                                                
Board of Marine Pilots                                                                                                        
                                                                                                                                
     Michael C. Spence - Ketchikan                                                                                              
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
     Barbara Huff Tuckness - Anchorage                                                                                          
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 345                                                                                                              
"An Act relating to state employee health insurance."                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 339                                                                                                              
"An Act authorizing the Alaska Commercial Fishing and Agriculture                                                               
Bank to make loans relating to tourism and development or                                                                       
exploitation of natural resources."                                                                                             
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SB 193                                                                                                                  
SHORT TITLE: COLLECTION OF UNPAID WAGES                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/14/00      1977     (S)  READ THE FIRST TIME - REFERRALS                                                                     
 1/14/00      1977     (S)  L&C, FIN                                                                                            
 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 CS(L&C) Out of Committee                                                                      
 2/10/00               (S)  MINUTE(L&C)                                                                                         
 2/11/00      2272     (S)  L&C RPT CS  4DP SAME TITLE                                                                          
 2/11/00      2272     (S)  DP: MACKIE, TIM KELLY, DONLEY, LEMAN                                                                
 2/11/00      2272     (S)  ZERO FISCAL NOTE (LABOR)                                                                            
 2/22/00               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 2/22/00               (S)  Heard & Held                                                                                        
 2/22/00               (S)  MINUTE(FIN)                                                                                         
 3/06/00               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/06/00               (S)  Moved CS(Fin) Out of Committee                                                                      
 3/06/00               (S)  MINUTE(FIN)                                                                                         
 3/06/00      2529     (S)  FIN RPT CS 7DP 1NR SAME TITLE                                                                       
 3/06/00      2530     (S)  DP: TORGERSON, PARNELL, PHILLIPS,                                                                   
 3/06/00      2530     (S)  GREEN, PETE KELLY, LEMAN, WILKEN,                                                                   
 3/06/00      2530     (S)  NR: ADAMS                                                                                           
 3/06/00      2530     (S)  PREVIOUS ZERO FN (LABOR)                                                                            
 3/07/00               (S)  RLS AT 12:00 PM FAHRENKAMP 203                                                                      
 3/07/00               (S)  MINUTE(RLS)                                                                                         
 3/08/00      2562     (S)  RLS TO CALENDAR  03/08/00                                                                           
 3/08/00      2567     (S)  READ THE SECOND TIME                                                                                
 3/08/00      2567     (S)  MOVE TO BOTTOM OF CALENDAR                                                                          
 3/08/00      2576     (S)  FIN CS ADOPTED UNAN CONSENT                                                                         
 3/08/00      2576     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 3/08/00      2576     (S)  READ THE THIRD TIME  CSSB 193(FIN)                                                                  
 3/08/00      2577     (S)  PASSED Y19 N- E1                                                                                    
 3/08/00      2577     (S)  TORGERSON NOTICE OF RECONSIDERATION                                                                 
 3/15/00      2614     (S)  RECONSIDERATION NOT TAKEN UP                                                                        
 3/15/00      2615     (S)  TRANSMITTED TO (H)                                                                                  
 3/15/00      2481     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 3/15/00      2481     (H)  L&C, JUD                                                                                            
 3/29/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 345                                                                                                                  
SHORT TITLE: STATE EMPLOYEE HEALTH INSURANCE                                                                                    
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/07/00      2118     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/07/00      2118     (H)  L&C, STA, FIN                                                                                       
 2/07/00      2118     (H)  REFERRED TO LABOR & COMMERCE                                                                        
 3/17/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/17/00               (H)  Heard & Held                                                                                        
 3/17/00               (H)  MINUTE(L&C)                                                                                         
 3/24/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/24/00               (H)  Scheduled But Not Heard                                                                             
 3/29/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
KRIS KNAUSS, Staff                                                                                                              
     to Senator Drue Pearce                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 111                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Presented sponsor statement for CSSB
193(FIN).                                                                                                                       
                                                                                                                                
AL DWYER, Director                                                                                                              
Division of Labor Standards & Safety                                                                                            
Department of Labor & Workforce Development                                                                                     
P.O. Box 21149                                                                                                                  
Juneau, Alaska 99802-1149                                                                                                       
POSITION STATEMENT:  Testified on CSSB 193(FIN).                                                                                
                                                                                                                                
MARGARET BAUMAN                                                                                                                 
8100 Lamplighter Court                                                                                                          
Anchorage, Alaska 99502                                                                                                         
POSITION STATEMENT:  Testified in support of CSSB 193(FIN).                                                                     
                                                                                                                                
JAY SEYMOUR                                                                                                                     
1031 West Third Avenue Number 300                                                                                               
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:  Testified in support of CSSB 193(FIN).                                                                     
                                                                                                                                
RANDY CARR, Chief of Labor Standards & Safety                                                                                   
Division of Labor Standards & Safety                                                                                            
Department of Labor & Workforce Development                                                                                     
P.O. Box 107021                                                                                                                 
Anchorage, Alaska 99510-7021                                                                                                    
POSITION STATEMENT:  Answered questions on CSSB 193(FIN).                                                                       
                                                                                                                                
CHUCK O'CONNELL, Business Manager                                                                                               
A.F.S.C.M.E. [American  Federation of State, County  and Municipal                                                              
Employees] Local 52                                                                                                             
626 F Street                                                                                                                    
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:   Testified in  opposition to HB  345, Version                                                              
G.                                                                                                                              
                                                                                                                                
DON VALESKO, Business Manager                                                                                                   
Public Employees Local 71                                                                                                       
2510 Arctic Boulevard                                                                                                           
Anchorage, Alaska 99503-2516                                                                                                    
POSITION STATEMENT:  Testified on HB 345, Version G.                                                                            
                                                                                                                                
ALISON ELGEE, Deputy Commissioner                                                                                               
Office of the Commissioner                                                                                                      
Department of Administration                                                                                                    
P.O. Box 110200                                                                                                                 
Juneau, Alaska 99811-0200                                                                                                       
POSITION STATEMENT:  Testified on HB 345, Version G.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-38, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN  NORMAN  ROKEBERG called  the  House Labor  and  Commerce                                                              
Standing Committee meeting to order  at 3:28 p.m.  Members present                                                              
at  the  call to  order  were  Representatives  Rokeberg,  Halcro,                                                              
Murkowski,  Harris,  Brice  and Cissna.    Representative  Sanders                                                              
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
SB 193 - COLLECTION OF UNPAID WAGES                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  announced the first order of  business would be                                                              
CS FOR SENATE  BILL NO. 193(FIN), "An Act relating  to the payment                                                              
of wages and claims for the payment of wages."                                                                                  
                                                                                                                                
KRIS  KNAUSS,   Staff  to  Senator   Drue  Pearce,   Alaska  State                                                              
Legislature, came forward to testify  on CSSB 193(FIN).  He stated                                                              
that  the bill  was  introduced on  behalf  of  Senator Pearce  in                                                              
regard to a constituent, Margaret  Bauman, who attained membership                                                              
with  the  Alaska  Business  and   Industry  Newspaper  Publishing                                                              
Company.   Ms. Bauman  was hired in  the fall of  1998.  She   had                                                              
arrears that reached  the amount of $10,000 before  termination of                                                              
employment.   The employment relationship  ceased, and  Ms. Bauman                                                              
went to  the Department of  Labor & Workforce Development  [DLWD],                                                              
looking for  a way to get the  arrearage back.  She  encountered a                                                              
problem  since the  maximum  the department  could  deal with  was                                                              
$7,500.                                                                                                                         
                                                                                                                                
MR. KNAUSS explained  that CSSB 193(FIN) is a  modification of the                                                              
law and raises  the cap to $20,000.  Since Ms.  Bauman's arrearage                                                              
amounted to  $10,000, it  was not feasible  for her to  gain legal                                                              
representation  on  a  contingency  fee basis.    Therefore,  CSSB
193(FIN) alleviates  that and  would allow for  Ms. Bauman  to get                                                              
those funds back.                                                                                                               
                                                                                                                                
REPRESENTATIVE  HALCRO indicated  Ms. Bauman  is a constituent  of                                                              
both his  and Senator  Pearce's.   He spoke  with Ms. Bauman  this                                                              
summer  regarding her  situation.   His  conversation  led him  to                                                              
Randy Carr,  who told him the cap  has been at $7,500  because the                                                              
Bar Association  and associated  attorney organizations  have been                                                              
hesitant in  the past to  allow the state  to "go after  any more"                                                              
because  they feared  it would  encroach  on their  business.   He                                                              
stated that  it is now  unlikely to find  an attorney to  pursue a                                                              
matter  for   anything  under  $20,000.     During   the  interim,                                                              
Representative Halcro  worked with  Senator Pearce's staff.   They                                                              
spoke to  the Bar  Association and  other organizations,  and they                                                              
did not have a problem raising the  cap to $20,000.  He also spoke                                                              
with Dwight Perkins, Deputy Commissioner,  DLWD, and Ed Flannagan,                                                              
Commissioner  of DLWD,  who  seemed  to support  this  issue.   He                                                              
indicated he  had introduced a companion  bill but that  there was                                                              
an  agreement   that  Senator  Pearce's  legislation   would  move                                                              
instead.                                                                                                                        
                                                                                                                                
REPRESENTATIVE BRICE asked when the $7,500 cap was established.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG answered that it  was two or three years ago, by                                                              
the House Judiciary Committee, which  raised the limit from $5,000                                                              
to $7,500.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HARRIS  wanted to confirm that DLWD  was supportive                                                              
of the bill.                                                                                                                    
                                                                                                                                
MR.  KNAUSS said  that is  correct.   He  noted that  he has  been                                                              
working with  some defense  attorneys who  are more familiar  with                                                              
the legal aspects of the issues.   A couple of amendments had been                                                              
made with respect to double-penalizing  on liquidation.  As far as                                                              
he knows, everyone is okay with the bill.                                                                                       
                                                                                                                                
Number 0457                                                                                                                     
                                                                                                                                
AL  DWYER,  Director,  Division   of  Labor  Standards  &  Safety,                                                              
Department  of  Labor &  Workforce  Development,  came forward  to                                                              
testify  on  CSSB  193(FIN).    He  said  he  has  not  heard  any                                                              
complaints from the court system.                                                                                               
                                                                                                                                
REPRESENTATIVE MURKOWSKI  asked, "Do you  have any idea  what this                                                              
is going  to mean to the  courts in terms  of an increase  in case                                                              
load to the small claims court?"                                                                                                
                                                                                                                                
MR.  DWYER  responded  that  approximately  120  cases  have  been                                                              
assumed.  Out of  those claims, 10 or 20 could  possibly end up in                                                              
court annually.                                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked if this is  because the bill could provide                                                              
some leverage.                                                                                                                  
                                                                                                                                
MR. DWYER explained  that the division turns away  a lot of people                                                              
because of the $7,500 cap.                                                                                                      
                                                                                                                                
REPRESENTATIVE  HALCRO  reported that  Randy  Carr  had said  that                                                              
current penalties  act as a hammer.   Therefore, those  in arrears                                                              
have a  vested interest  to pay  as soon  as possible because  the                                                              
penalties are pretty  steep.  He indicated Mr. Carr  had said this                                                              
mitigates the number of cases that actually make it court.                                                                      
                                                                                                                                
Number 0582                                                                                                                     
                                                                                                                                
MR. KNAUSS said  the employer has three days to  pay arrears after                                                              
employment is terminated.                                                                                                       
                                                                                                                                
MARGARET BAUMAN testified via teleconference from Anchorage:                                                                    
                                                                                                                                
     I am  here to testify  in favor  SB 193, legislation  to                                                                   
     raise the amount  of back wages for residents  which the                                                                   
     state can pursue through the  court system.  At present,                                                                   
     the Labor  Department [DLWD] can only pursue  amounts up                                                                   
     to $[7],500 and my former employer  owes me in excess of                                                                   
     $10,000.    The  employer,  Business  News  Alaska,  has                                                                   
     refused  to pay me  any of the  amount since last  July,                                                                   
     although  the company has  acknowledged in writing  that                                                                   
     they owe me the money.                                                                                                     
                                                                                                                                
     At the  time, I worked as  the news editor  for Business                                                                   
     News   Alaska,  a   monthly   business  publication   in                                                                   
     Anchorage, from  October 1998 through July 1999.   I was                                                                   
     also caring  for an elderly  parent at home.   My mother                                                                   
     was not  in good  health and needed  24-hour care,  so I                                                                   
     needed  a job I  could do  largely at  home, except  for                                                                   
     hours when  I had a care giver  or my mother was  at day                                                                   
     care.    Business  News  Alaska   hired  everyone  on  a                                                                   
     contract  labor basis.   I had no  idea at the  time the                                                                   
     practice was illegal, as the  state Labor Department has                                                                   
     twice since concluded.                                                                                                     
                                                                                                                                
     As  the company  became further  and  further behind  in                                                                   
     paying  me, the  publisher,  Kay Cashman,  continued  to                                                                   
     hire other  people and kept  coming up with  excuses for                                                                   
     not paying  up.  When we  parted company last  summer, I                                                                   
     asked for  the money due  me within three  working days.                                                                   
     Kay said I  was not an employee and she could  pay me in                                                                   
     the  indefinite  future.     I  inquired  at  the  Labor                                                                   
     Department,  filled out  paperwork  for them  to make  a                                                                   
     determination, as did Kay Cashman.                                                                                         
                                                                                                                                
     The  department  spent  a  lot   of  time  studying  the                                                                   
     situation and  concluded I was  an employee; so  did the                                                                   
     Internal  Revenue Service  [IRS].   Ms. Cashman and  her                                                                   
     publishing  partner, Raylene  Combs,  then appealed  the                                                                   
     Labor Department's  decision.   The hearing officer  for                                                                   
     the appeal  also concluded  I was  an employee, and  the                                                                   
     state is now  studying all the records of  Business News                                                                   
     Alaska  because  the  company  hired most  people  on  a                                                                   
     contract   basis   with  no   benefits   and  no   taxes                                                                   
     [with]held.                                                                                                                
                                                                                                                                
     Now Business News Alaska is  appealing the matter again,                                                                   
     on the commissioner level.   It's a good thing the Labor                                                                   
     Department took my case, because  even if I could afford                                                                   
     an attorney  to handle my  side, I've been  advised that                                                                   
     given  her track  record, Cashman  has  no intention  of                                                                   
     paying me any of the money she owes.                                                                                       
                                                                                                                                
     I have with  me, for the legislature, copies  of records                                                                   
     which I paid  for myself from Motznik  Computer Service,                                                                   
     showing   that   Ms.   Cashman    has   numerous   debts                                                                   
     outstanding,  including a $35,000  judgment against  her                                                                   
     through the  state superior court.   She's never  paid a                                                                   
     dime on  that judgment, either.   To cover  herself, she                                                                   
     lists  herself  as  a  publisher,  and  her  son  and  a                                                                   
     partner, Raylene Combs, as owners.                                                                                         
                                                                                                                                
     Changing the state law to allow  the Labor Department to                                                                   
     pursue,  through  the  court system,  back  wages  would                                                                   
     benefit  residents   like  myself  who  have   no  other                                                                   
     recourse.   It would  also put  companies like  Business                                                                   
     News Alaska on notice that this  state will not tolerate                                                                   
     employers who  think they can  operate outside  the law.                                                                   
     SB  193 would  make Alaska  a fairer  playing field  for                                                                   
     employers  who do  operate under  the law  and are at  a                                                                   
     disadvantage  when   other  employers  are   allowed  to                                                                   
     operate outside the law.                                                                                                   
                                                                                                                                
Number 0899                                                                                                                     
                                                                                                                                
JAY  SEYMOUR testified  via  teleconference  from  Anchorage.   He                                                              
stated that  he is in  support of CSSB  193(FIN), although  he had                                                              
some concerns  with the  bill when  it was  first introduced.   An                                                              
attorney whose  practice almost exclusively  deals with  labor and                                                              
employment issues, he  has been an Alaskan for over  25 years.  As                                                              
an employment lawyer,  he indicated that the most  aggravating set                                                              
of laws that  employers face is the  wage and hour laws.   From an                                                              
employer  perspective,  they  often   result  in  a  windfall  for                                                              
employees who have been fairly paid.  He commented:                                                                             
                                                                                                                                
     In my experience,  I have often seen employees  who have                                                                   
     been paid $40,000 a year ...  or even $80,000 or $90,000                                                                   
     a year when  settlements for judgments in  excess of ...                                                                   
     $100,000  for unpaid overtime  on the  basis of a  good-                                                                   
     faith dispute  between them and their employer.   To add                                                                   
     insult  to  injury,  the  current  law  provides  for  a                                                                   
     waiting time  penalty, which a court can  impose for not                                                                   
     having  paid  the overtime  that  was in  dispute,  even                                                                   
     though it may have been a good-faith dispute.                                                                              
                                                                                                                                
     Paradoxically,  there are some gaps  in the law,  as Ms.                                                                   
     Bauman just  testified, that don't allow  the Department                                                                   
     of  Labor to  pursue those  unscrupulous employers  with                                                                   
     wage claims that  are much smaller than the  claims that                                                                   
     we normally  see brought  by the plaintiff's  (indisc.).                                                                   
     I  think  that SB  193  is  a good  first  step  towards                                                                   
     providing  some relief on  both ends  of the spectrum  -                                                                   
     both  for those  who are  paid  at the  minimum wage  or                                                                   
     don't  have large claims,  at the  same time bringing  a                                                                   
     little  bit  of sanity  for  those who've  already  been                                                                   
     fairly paid claims in excess of $30,000 or $40,000.                                                                        
                                                                                                                                
     The   bill   provides  additional   authority   to   the                                                                   
     department  to  enforce  labor  laws for  the  State  of                                                                   
     Alaska,  and I  do believe  that those  are claims  that                                                                   
     ordinarily  would  not    be  brought  by  most  of  the                                                                   
     attorneys  in the  claims (indisc.).   It also  provides                                                                   
     some  relief  to  those  employers   who  face  overtime                                                                   
     claims,  so that they  don't have to  face the claim  of                                                                   
     additional penalties.   That's simply been  a good-faith                                                                   
     mistake in the application of the law.                                                                                     
                                                                                                                                
Number 1069                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred  to Ms. Bauman's testimony.  She                                                              
asked  whether  allowances  are being  made  in  the bill  for  an                                                              
employer  who   considers  an  employee   to  be   an  independent                                                              
contractor.                                                                                                                     
                                                                                                                                
MR. SEYMOUR said he understands that  the determination of whether                                                              
or not an individual  is an employee or an  independent contractor                                                              
would not  be affected  in CSSB 193(FIN).   This determination  is                                                              
affected by other provisions of law  which, in his experience, are                                                              
fairly liberal in favor of the employee.  He said:                                                                              
                                                                                                                                
     I'm not too familiar with the  facts in this case, but I                                                                   
     understand  it to  be that there  are a  lot of  indices                                                                   
     that Ms. Bauman was, in fact,  an employee under the law                                                                   
     in this particular case, even  though she was labeled an                                                                   
     independent contractor,  and the Department of  Labor or                                                                   
     a  court  would  make  the  determination  of  (indisc.)                                                                   
     issue.                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI responded:                                                                                             
                                                                                                                                
     In recognizing that, they would,  in fact, do that.  But                                                                   
     this  legislation requires  that it  be paid three  days                                                                   
     afterwards, and  if you fail  to do, you've  got certain                                                                   
     penalties that the employer  is facing.  So, I guess, if                                                                   
     this were  to pass, if I  were making the  argument that                                                                   
     no,  I  was  not  an  employee -  I  was,  in  fact,  an                                                                   
     independent  contractor - my  employer would be  wise to                                                                   
     just go ahead  and pay me right up-front  and then argue                                                                   
     about  it later.   Is that  kind of  the direction  that                                                                   
     things could take?                                                                                                         
                                                                                                                                
MR.  SEYMOUR explained  that the  laws currently  provide for  the                                                              
three-day payment.  He said:                                                                                                    
                                                                                                                                
     I guess,  in most  instances, a  contractor, or  someone                                                                   
     who's labeled a contractor,  would be claiming that they                                                                   
     were in fact  an employee - therefore, would  be covered                                                                   
     by   the  law.  ...   This  law   doesn't  impact   that                                                                   
     determination  either way.    That would  be a  separate                                                                   
     determination, but you're right:   The employer wants to                                                                   
     be  conservative,   and  there's  some   question  about                                                                   
     whether   the  worker  is,   in  fact,  an   independent                                                                   
     contractor  or  is really  an  employee.   The  employer                                                                   
     [would  be]  well-advised to  make  the payment  of  all                                                                   
     wages ... in the time stipulated by law.                                                                                   
                                                                                                                                
Number 1233                                                                                                                     
                                                                                                                                
RANDY CARR, Chief of Labor Standards & Safety, Division of Labor                                                                
Standards & Safety, Department of Labor & Workforce Development,                                                                
testified via teleconference from Anchorage.  He stated:                                                                        
                                                                                                                                
     It is not  unusual that an individual presenting  a wage                                                                   
     claim is responded  to by the employer in  such a manner                                                                   
     that  the employer  ... wants  to  lay out  a number  of                                                                   
     possible  defenses.  One  of them may  be the fact  that                                                                   
     they think  they're an  independent contractor,  and the                                                                   
     way the law currently reads  - and the way the bill also                                                                   
     reads  - would  allow the  employer to  settle with  the                                                                   
     Department  of Labor at  an administrative level,  which                                                                   
     basically  means  we can  conduct the  investigation  to                                                                   
     determine from  the facts whether or not  the individual                                                                   
     is an employee or an independent contractor.                                                                               
                                                                                                                                
     Once we make that determination,  if the finding is that                                                                   
     the individual  is an employee, then the  matter becomes                                                                   
     one of  trying to effect a  resolution as to  the amount                                                                   
     due  and  get payment  from  the  employer.   Once  that                                                                   
     determination  has been made,  if the employer  resolves                                                                   
     this matter  administratively  with the department,  the                                                                   
     waiting-time  penalties  that   are  addressed  in  this                                                                   
     statute  are not  a  factor.   The  way the  statute  is                                                                   
     applied  now  - and  the  way  it would  be  applied  as                                                                   
     amended -  would be that the waiting-time  penalties are                                                                   
     there as  an incentive  to get the  employer to  deal in                                                                   
     good faith with the Department of Labor.                                                                                   
                                                                                                                                
     If a resolution cannot be reached  and the Department of                                                                   
     Labor  is compelled to  take the  matter to court,  then                                                                   
     the waiting-time  penalties in that action  would become                                                                   
     mandatory,  but only in  that situation.   At all  other                                                                   
     points up  until that time,  they are a bargaining  chip                                                                   
     that can be used to reach a negotiated settlement.                                                                         
                                                                                                                                
Number 1339                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI referred to page 2, subsection (b)                                                                     
[beginning on line 25], and said:                                                                                               
                                                                                                                                
     You've got three working days  after termination to make                                                                   
     payment.  Then,  under subsection (d), if you  do not do                                                                   
     it within  that three-working-day  period, then  you are                                                                   
     subject  to the penalties  upon the  employer and  there                                                                   
     isn't  this waiting  period that  you're talking  about.                                                                   
     Maybe that's what I'm missing,  is where's the reference                                                                   
     to the waiting  period?  You've got to get  through this                                                                   
     administrative  process   where  you  all   settle  out,                                                                   
     whether  or not you  are an  employee or an  independent                                                                   
     contractor.                                                                                                                
                                                                                                                                
MR. CARR explained that the current  statute says the waiting-time                                                              
penalties are  not discretionary and  must be awarded by  a court.                                                              
They cannot  be awarded  by DLWD.   The present language  requires                                                              
that any party who seeks to collect  waiting-time penalties gets a                                                              
judgment from the court awarding them.                                                                                          
                                                                                                                                
REPRESENTATIVE HALCRO said to Mr. Carr:                                                                                         
                                                                                                                                
     Randy,  that goes to  the heart  of our discussion  last                                                                   
     August, when you were talking  about some employees will                                                                   
     simply  just string  you out,  then take  you to  court.                                                                   
     But ...  the penalty provisions  that were put  in place                                                                   
     recently act  as kind of  a deterrent for  that, because                                                                   
     people know  at the end of  the day they can  string you                                                                   
     out, but  at the end  of the day,  they may just  suffer                                                                   
     the consequences of some heavy penalty.                                                                                    
                                                                                                                                
MR. CARR affirmed  that it is exactly what the bill  would now do.                                                              
Prior  to  1981, the  penalties  were  mandatory.   In  1981,  the                                                              
penalties were  relaxed and discretion  was given to the  court to                                                              
award or not award the penalties.  He said:                                                                                     
                                                                                                                                
     Now what  we have before us  is a compromise  in matters                                                                   
     wrought  by the state  Department of Labor.   If  we are                                                                   
     compelled  to go  to  court to  prosecute  on behalf  of                                                                   
     someone   to  collect  their   wages,  any   appropriate                                                                   
     waiting-time penalties would be mandatory.                                                                                 
                                                                                                                                
MR. CARR  indicated that in  private cases it  would be up  to the                                                              
discretion of  the court to  award waiting-time penalties  or not.                                                              
There  is  one   exception  to  this,  addressed   in  Section  5,                                                              
subsection (f), page 3 of CSSB 193(FIN), which reads:                                                                           
                                                                                                                                
     (f)  In  an action brought for unpaid overtime  under AS                                                                   
     23.10.060  that  results  in   an  award  of  liquidated                                                                   
     damages  under AS  23.10.110, the provisions  of (d)  of                                                                   
     this section do not apply unless  the action was brought                                                                   
     by the department under (e) of this section.                                                                               
                                                                                                                                
He said  the waiting-time penalties  under this statute  would not                                                              
come  into  effect.    The  language has  been  worked  out  as  a                                                              
compromise.                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. Carr  to explain the amount  that the                                                              
liquidated damages under AS 23.10 could be.                                                                                     
                                                                                                                                
Number 1536                                                                                                                     
                                                                                                                                
MR. CARR  replied that the liquidated  damages under AS  23.10 are                                                              
equal to  the amount  of unpaid minimum  wage or unpaid  overtime.                                                              
It  is  a  punitive  damage  and,   under  the  current  statutory                                                              
construction, the employer may assert  a good-faith defense to his                                                              
violation.  If  that defense is acceptable to the  court, then the                                                              
court has  the authority  to waive some  or all of  the liquidated                                                              
damages  for cases  brought  in the  private  sector.   Liquidated                                                              
damages are  mandatory in  cases brought by  DLWD.  The  mandatory                                                              
aspects in  cases brought  by DLWD are  not there to  specifically                                                              
"roll up the dollar  value of the case, but to  offer an incentive                                                              
to the employer  to negotiate harder, and reach  a settlement with                                                              
the department short of court action."                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG referred to Section  5, subsection (f), amending                                                              
AS 23.05.140.    He asked,  "If you go  into a  small claim  court                                                              
under  this  provision,  you could  get  the  mandated  liquidated                                                              
damages as well as the section (e) damages also?"                                                                               
                                                                                                                                
MR.  CARR  said  that  is correct  because  the  damages  are  for                                                              
different violations  of different  laws.  The liquidated  damages                                                              
in  AS  23.10  relate  to  failure to  pay  the  minimum  wage  or                                                              
overtime.   The waiting-time  penalties relate  to failure  to pay                                                              
whatever is  due.  For  example, it could  be vacation  pay, wages                                                              
all  together,  minimum wage  or  overtime  that the  employee  is                                                              
entitled to.                                                                                                                    
                                                                                                                                
Number 1627                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG said:                                                                                                         
                                                                                                                                
     You've indicated  the reason  that you have  the waiting                                                                   
     time  penalties   -  in  particularly,  like,   the  (f)                                                                   
     section, liquidated damages,  which would be mandatory -                                                                   
     is to  try to get a settlement  before you go  to court,                                                                   
     but that doesn't  square up with ... we're  giving you a                                                                   
     free pass to small claims court  right out of the chute.                                                                   
                                                                                                                                
MR. CARR replied that it is not so  much that the bill is giving a                                                              
pass to  small claims court; rather,  it is providing  the ability                                                              
to  take  a  claim  into  [their]   "offices  to  administratively                                                              
investigate  it  and  attempt  to resolve  it."    Currently,  the                                                              
ability  to  do  that  does  not exist  because  it  is  over  the                                                              
statutory limit.  He said, "Our track  record has about a 85 to 90                                                              
percent resolution  administratively, short  of ever having  to go                                                              
to court."                                                                                                                      
                                                                                                                                
CHAIRMAN  ROKEBERG indicated  he was  not aware  that a  statutory                                                              
limitation existed on their jurisdiction.                                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI  asked whether she  understands correctly                                                              
that a  person can  be assessed  both liquidated  damages and  the                                                              
waiting-time penalty.                                                                                                           
                                                                                                                                
MR. CARR said that is correct.  That  is the current status of the                                                              
law, unchanged  by the  bill.   The changes  effected by  the bill                                                              
would be if DLWD brings a case in  court and has to go through the                                                              
court process to  judgment; then the penalties  will be mandatory.                                                              
In  the private  sector,  the penalties  may  be discretionary  if                                                              
awarded by the court.  He expanded on his answer:                                                                               
                                                                                                                                
     Let's  say someone  takes a claim  for unpaid  vacations                                                                   
     and unpaid  wages, and  they get an  attorney to  take a                                                                   
     case to  court for them.   Then the court can  award the                                                                   
     waiting-time  penalties  or  not.    If  the  claim,  as                                                                   
     identified in  Section 5(f), is strictly for  overtime -                                                                   
     such  as the  case  that Mr.  Seymour  is referring  to,                                                                   
     where he has  an individual who is a highly  paid person                                                                   
     who files  an overtime claim  - usually those  arise out                                                                   
     of  a dispute  over whether  the  individual was  exempt                                                                   
     from overtime  or not.   And so,  they have an  overtime                                                                   
     claim  for 30, 40,  50 thousand  dollars; they win  that                                                                   
     claim, they  also get liquidated damages awarded  by the                                                                   
     court.  In  that situation, this bill  says waiting-time                                                                   
     penalties  would not  apply because  it's a highly  paid                                                                   
     individual in  the first place, and it's  a large claim.                                                                   
     The  compromise  here  is that  the  liquidated  damages                                                                   
     should suffice  for the  recovery, and the  waiting-time                                                                   
     penalties should not be an issue.                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG  wondered if a  private party, under  this bill,                                                              
could bring an  action for a wage-and-hour claim  up to $20,000 to                                                              
a small claims court.                                                                                                           
                                                                                                                                
MR. CARR  said that is  not correct.  Only  the DLWD can  bring an                                                              
action for  $20,000 in small  claims court.   All other  issues in                                                              
small claims  court are subject to  the $7,500 cap set  out in the                                                              
small claims statute.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  asked whether  the penalties would,  therefore,                                                              
apply.                                                                                                                          
                                                                                                                                
MR. CARR affirmed that.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG  referred to Section 4, subsection  (d), page 3,                                                              
of CSSB 193(FIN).  He requested clarification.                                                                                  
                                                                                                                                
MR. CARR  replied that  the demand  is going to  be set  by DLWD's                                                              
first notice  to the employer.  The  deadline can be set,  in rare                                                              
cases, when the employee has articulated  a demand for their wages                                                              
in writing.   In  most cases, there  has not been  that sort  of a                                                              
formalization in the dispute.  In  the private sector, it may well                                                              
be  more  frequent  that  the demand  is  established  in  writing                                                              
because  the party  has usually  received  legal counsel  sometime                                                              
well before the filing of a lawsuit.                                                                                            
                                                                                                                                
CHAIRMAN  ROKEBERG said  it appears  to  be an  incentive to  drag                                                              
one's feet, up to 90 days, so that one's award could be bigger.                                                                 
                                                                                                                                
MR.  CARR responded,  "No."   He  clarified  that  the award  only                                                              
starts from  the day  of demand until  the day  of payment.   If a                                                              
person waits 45 days before demanding  his or her wages, the clock                                                              
doesn't start  until the 48th  day, and that  is when the  90 days                                                              
begin to run.                                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Seymour,  "In your capacity as counsel                                                              
on these  types of  wage-and-hour [disputes],  you represent  both                                                              
...  employees and  employers normally,  or what  is your  typical                                                              
practice?"                                                                                                                      
                                                                                                                                
MR. SEYMOUR replied that he typically only represents employers.                                                                
                                                                                                                                
CHAIRMAN ROKEBERG asked whether Mr.  Seymour is satisfied with the                                                              
conditions set out in the bill.                                                                                                 
                                                                                                                                
MR. SEYMOUR  reiterated that  he thinks the  bill is a  good first                                                              
step.  There are  some provisions in law not covered  in the bill,                                                              
but it is well balanced.                                                                                                        
                                                                                                                                
Number 1934                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO  made a motion to move CSSB  193(FIN) out of                                                              
committee with  individual recommendations  and the  attached zero                                                              
fiscal note.   There being no  objection, CSSB 193(FIN)  moved out                                                              
of the House Labor and Commerce Standing Committee.                                                                             
                                                                                                                                
CONFIRMATION HEARINGS - Board of Marine Pilots                                                                                
                                                                                                                                
Number 1948                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced that  the committee would consider two                                                              
appointees to the  Board of Marine Pilots.  In  accordance with AS                                                              
39.05.080, the  committee would review  the qualifications  of the                                                              
appointees.    He  stated  that  the  execution  of  the  reviewed                                                              
document  does not  reflect  an intent  by  any  of the  committee                                                              
members to vote  for or against the individual  during any further                                                              
sessions  for the  purpose of  confirmation.   [Committee  packets                                                              
contained a resume from each appointee.]                                                                                        
                                                                                                                                
CHAIRMAN  ROKEBERG made  a  motion to  forward  the nomination  of                                                              
Michael C.  Spence.   There being  no objection, the  confirmation                                                              
was advanced.                                                                                                                   
                                                                                                                                
CHAIRMAN  ROKEBERG made  a  motion to  forward  the nomination  of                                                              
Barbara   Huff  Tuckness.     There   being   no  objection,   the                                                              
confirmation was advanced.                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG  called an at-ease  at 4:05 p.m. and  called the                                                              
meeting back to order at 4:09 p.m.                                                                                              
                                                                                                                                
HB 345 - STATE EMPLOYEE HEALTH INSURANCE                                                                                      
                                                                                                                                
Number 2069                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  announced the next  order of business  would be                                                              
HOUSE BILL  NO. 345,  "An Act  relating to  state employee  health                                                              
insurance."                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  noted  that  Version  G  [1-LS1364\G,  Cramer,                                                              
3/17/00]  of HB  345 was  adopted  at the  last committee  hearing                                                              
[March  17,  2000],  at  which  time   members  asked  for  public                                                              
testimony.  He said he did not intend  to move the bill beyond the                                                              
next committee of referral.                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  noted that one objective of  the legislation is                                                              
to "allow the  legislature to make the public  policy."  Testimony                                                              
from  the Department  of  Administration  has indicated  that  the                                                              
commissioner made a decision to grant  collective bargaining units                                                              
the right  to establish  their own health  care trusts.   That, he                                                              
said, is  what galvanized him to  introduce HB 345.   Furthermore,                                                              
discussions with  the president  [executive president,  Mano Frey]                                                              
of  the AFL-CIO  [American  Federation of  Labor  and Congress  of                                                              
Industrial  Organizations] have  indicated that  he is working  to                                                              
form larger coalitions  with the state employees.   His concern is                                                              
related to the size of the actuary pool.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG said,  "When you take the basic  premise that an                                                              
actuary pool  is to be  smaller then  there's a smaller  amount of                                                              
covered  lives   to  spread  those  risks."     It's  particularly                                                              
important to  consider in  cases of major  illnesses such  as AIDS                                                              
[acquired immunodeficiency syndrome]  because the rollback affects                                                              
the  cost of  those in  the pool.   He  said, "We  don't have  [a]                                                              
reinsurance  cap   because  we  have  a  large   pool  of  covered                                                              
employees.   So, my concern was  ... decreasing the amount  of the                                                              
people in the pool, and that's ... the problem."                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG  further noted that there are  some 30,000 lives                                                              
under the AFL-CIO trust statewide,  and the idea that a collective                                                              
bargaining  unit could  stop  their  own trust  and  enter into  a                                                              
coalition  for greater  buying and  negotiating  power causes  him                                                              
concern.  He said:                                                                                                              
                                                                                                                                
     If they're [going  to] enter into agreements  to pull in                                                                   
     the   state  employees   under  this   net  with   these                                                                   
     coalitions  -  that  potentially, with  some  excess  of                                                                   
     30,000  lives   that  would   be  part  of   that,  that                                                                   
     particular umbrella  organization could have as  many as                                                                   
     60, 70  thousand lives underneath  it.  And,  therefore,                                                                   
     in  the state  of  Alaska this  would  be the  800-pound                                                                   
     gorilla.   And  they would have  the ability  to do  the                                                                   
     bargaining with the health care  providers ... in such a                                                                   
     way to  get the  very best of  prices, which you  think,                                                                   
     "Well, that's a good thing."                                                                                               
                                                                                                                                
     But I think all of us in this  committee should know, or                                                                   
     at least you should recognize,  in the health care game,                                                                   
     if you  will, anytime  there's a  decrease in price,  it                                                                   
     becomes a cost-shift type of  situation.  And that's one                                                                   
     of  the problems  I can  talk about  with the  insurance                                                                   
     mandates  and things like  that.  When  you get  a cost-                                                                   
     shift  situation, ...  you'd  have this  large group  of                                                                   
     people  going  into  a  very   small  market,  which  is                                                                   
     basically  the state  of Alaska, and  those folks  would                                                                   
     get  lower costs for  their service  and everybody  else                                                                   
     would basically have to pay more.                                                                                          
                                                                                                                                
     And so,  I think, that is  a responsibility on  the part                                                                   
     of the legislature,  to make sure that  whatever happens                                                                   
     with the  state employees and  how they are  given their                                                                   
     rights  or they're  given the  right to  leave the  pool                                                                   
     that we  need to know,  number one, where  they're going                                                                   
     and,   number   two,   how   they're   [going   to]   be                                                                   
     administered.   We  have the  responsibility to  protect                                                                   
     the  state employees,  and we have  a responsibility  to                                                                   
     every  other citizen  in this  state to  make sure  that                                                                   
     their  health insurance  doesn't go  up as  a result  of                                                                   
     this type of action.  And that  is absolutely the reason                                                                   
     I introduced this bill, and no other.                                                                                      
                                                                                                                                
Number 2359                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRICE  said  he  doesn't  see  how  making  public                                                              
employees pay $500,000 into a pool  that they can't participate in                                                              
addresses the concern expressed by Chairman Rokeberg.                                                                           
                                                                                                                                
CHAIRMAN  ROKEBERG said  he  is talking  about  the ACHIA  [Alaska                                                              
Comprehensive Health Insurance Association] portion of HB 345.                                                                  
                                                                                                                                
REPRESENTATIVE  BRICE  said Chairman  Rokeberg's  assumption  that                                                              
self-insurance pools  increase medical costs for  everybody across                                                              
the  state  is not  accurate  in  relation  to the  principles  of                                                              
economics.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG replied that it is a question of fairness.                                                                    
                                                                                                                                
Number 2450                                                                                                                     
                                                                                                                                
CHUCK   O'CONNELL,   Business  Manager,   A.F.S.C.M.E.   [American                                                              
Federation  of State, County  and Municipal  Employees] Local  52,                                                              
came before the  committee to testify.  Local  52 represents about                                                              
7,400 GGU  [General Government Unit] members.   He said  HB 345 he                                                              
said, would make the subject of negotiating  health care for state                                                              
employees illegal.   He referred to  Section 3 of Version  G [page                                                              
2, lines 8-11], which read as follows:                                                                                          
                                                                                                                                
     (b)  Except  as  provided  in this  [sic]  (c)  of  this                                                                   
     section,  the  state and  an  organization  representing                                                                   
     state  employees   may  not  enter  into   a  collective                                                                   
     bargaining agreement in which  members of the bargaining                                                                   
     unit  are  exempted  from  coverage   under  the  health                                                                   
     insurance   plan  provided   by  the   state  under   AS                                                                   
     39.30.090(a)(1) or 39.30.091.                                                                                              
                                                                                                                                
TAPE 00-38, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MR. O'CONNELL said  if the bill becomes law it  would increase the                                                              
cost of  health care  for state  workers dramatically.   He  noted                                                              
that during  the course  of bargaining  Local 52's contract  there                                                              
was a  dispute over  the cost  of health  care.   In that  regard,                                                              
Local 52 became convinced that they  could provide health care for                                                              
their  members  at  a  lower cost  if  they  directly  managed  an                                                              
independent   trust.     Under  state  control,   he  noted,   the                                                              
administrative  costs would  be about  at least  $15 a month  more                                                              
than if  Local 52  was to  negotiate a  third party  administrator                                                              
outside of the procurement codes.                                                                                               
                                                                                                                                
MR. O'CONNELL  said it  also became  glaringly obvious  throughout                                                              
the negotiation process  that there were many more  of those types                                                              
of cost-efficiencies that could be  secured if they controlled the                                                              
delivery of the plan.  As a result,  an agreement was reached with                                                              
the commissioner  to set up a trust.   Local 52 is in  the process                                                              
of  selecting  trustees, as  soon  as  the contract  is  ratified.                                                              
Local 52  also thinks  that with direct  oversight they  can audit                                                              
claims and premium payments annually.   He further stated that the                                                              
health  care industry  in the  state is  a mature,  professionally                                                              
managed industry.   It's very profitable and knows  how to survive                                                              
in  the  business world.    It  seems  therefore  that it  is  not                                                              
necessary for the legislature to  put a "mantel" over the industry                                                              
in order  to protect that "1000  pound gorilla."   He respectfully                                                              
asked the committee members to oppose the bill.                                                                                 
                                                                                                                                
Number 0205                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. O'Connell  whether he  truly believes                                                              
HB 345 was  designed to protect  the health care providers  of the                                                              
state.                                                                                                                          
                                                                                                                                
MR. O'CONNELL  replied that if HB  345 is to prevent  large health                                                              
care coalitions from forming, that is exactly what it would do.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG stated  that the intention of HB  345 is to keep                                                              
the  large  pool of  state  employees  together.    It is  not  to                                                              
restrict  the ability of  collective bargaining  units to  bargain                                                              
health  care  benefits  or  anything  like that.    He  asked  Mr.                                                              
O'Connell:  Doesn't  the phenomena of cost-shifting  take place in                                                              
the health care industry?                                                                                                       
                                                                                                                                
MR. O'CONNELL replied, yes, it does.                                                                                            
                                                                                                                                
Number 0244                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. O'Connell  to explain to the committee                                                              
members how GGU relates to the coalition.                                                                                       
                                                                                                                                
MR. O'CONNELL first noted that GGU  members fall under a different                                                              
health plan than  other state employees.  GGU members  do not have                                                              
a select-benefit option.  In that  way, GGU members have preserved                                                              
their insurance pool  and have found that the cost  of the plan is                                                              
increasing slower  compared to other  plans.  It is  the intention                                                              
therefore  of Local  52  to maintain  that  structure  in a  trust                                                              
situation.                                                                                                                      
                                                                                                                                
MR. O'CONNELL  further stated  that there  are about 30,000  lives                                                              
that  have  access to  the  coalition.    The  way it  works,  the                                                              
coalition of labor unions negotiates  rates with certain providers                                                              
and each  union has  the option  to purchase  whether or  not they                                                              
want to use those  providers.  For example, the  iron workers have                                                              
a  preferred provider  agreement  with Alaska  Regional  Hospital.                                                              
The Teamsters [General  Teamsters Local 959, State  of Alaska] and                                                              
NEA [National  Education Association-Alaska], for example,  have a                                                              
preferred  provider  agreement  with Providence  Hospital.    Each                                                              
union is free to  make its own deal with the  most astute business                                                              
persons in the health care industry.                                                                                            
                                                                                                                                
Number 0344                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked  Mr. O'Connell whether a union  opts in or                                                              
out under the same contract that has already been bargained.                                                                    
                                                                                                                                
MR.  O'CONNELL explained  that the  only thing  unions bargain  in                                                              
relation to health  care is the employer's contribution.   They do                                                              
not bargain  the preferred  provider [agreement]  or the  level of                                                              
benefits.                                                                                                                       
                                                                                                                                
Number 0359                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  asked  Mr.  O'Connell  whether  the  preferred                                                              
provider  [agreement] is  bargained by the  coalition and  whether                                                              
unions opt in or out of the coalition.                                                                                          
                                                                                                                                
MR. O'CONNELL  replied, to  the best of  his knowledge,  not every                                                              
union participates in the hospital  preferred provider "deal."  He                                                              
deferred  the  question  to Mr.  Don  Valesko  [Business  Manager,                                                              
Public Employees Local  71], who is part of the coalition.   As to                                                              
the intent  of Local 52  in relation  to the coalition,  they have                                                              
not made  any commitments.   Local 52 is going  to look at  all of                                                              
the options,  and will  take the  best option  for their  members.                                                              
Local   52,   he  noted,   has   members   in  every   House   [of                                                              
Representative]  district across  the  state, which  means a  good                                                              
deal in Fairbanks, for example, doesn't  necessarily benefit those                                                              
in another part of the state.                                                                                                   
                                                                                                                                
Number 0432                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. O'Connell, "Wouldn't  it be possible,                                                              
if you thought  that the state  was properly managing it,  to have                                                              
more power  and stay together as a  unit?"  That, he  said, is all                                                              
that he is trying to "get at" in HB 345.                                                                                        
                                                                                                                                
MR. O'CONNELL replied, "I'm not sure I agree with that."                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG said, "No, I mean,  ... because you're statewide                                                              
exposure, don't you think you'd have  a greater ability to do that                                                              
or maybe the reluctance of the Administration  to enter into a PPO                                                              
[Preferred Provider Organization] type program would ...."                                                                      
                                                                                                                                
MR. O'CONNELL replied:                                                                                                          
                                                                                                                                
     Well, there's a lot of reasons  for that, and I wouldn't                                                                   
     blame  the  Administration  totally.   There's  been  an                                                                   
     awful lot of legislative interference  over the years to                                                                   
     prevent  preferred  provider agreements.    You have  to                                                                   
     remember   that   whenever  you   have   one  you   have                                                                   
     legislators in the constituent  area where the preferred                                                                   
     provider agreement has not been reached.                                                                                   
                                                                                                                                
Number 0469                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked Mr. O'Connell  what has driven Local 52                                                              
down the path of  developing its own program.  Has  it been budget                                                              
cuts?                                                                                                                           
                                                                                                                                
MR. O'CONNELL  replied that  budget cuts  are part  of it.   Local                                                              
52's employees are paying a large  amount of money for health care                                                              
in relation to the  amount of money that they make.   If that cost                                                              
can be  lowered, he  said, it  might help  in making their  modest                                                              
salary settlement more attractive.                                                                                              
                                                                                                                                
Number 0498                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked Mr. O'Connell  to indicate what kind of                                                              
money Local  52 is able to save  for its membership and  the state                                                              
general fund by developing its own plan.                                                                                        
                                                                                                                                
MR. O'CONNELL  replied that he doesn't  know an exact amount.   He                                                              
also doesn't  know whether  or not Local  52 can continue  to save                                                              
money; but he thinks  that they can bring about a  number of cost-                                                              
efficiencies in the short term.                                                                                                 
                                                                                                                                
Number 0532                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. O'Connell  what the cost of  the plan                                                              
is now.                                                                                                                         
                                                                                                                                
MR. O'CONNELL  replied that  the current total  cost of  the self-                                                              
insurance plan is $573 a month per member.                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. O'Connell what it costs a member.                                                                   
                                                                                                                                
MR. O'CONNELL  replied that a member  pays $84.50 a month  and the                                                              
employer pays $488.50 a month.                                                                                                  
                                                                                                                                
CHAIRMAN  ROKEBERG  asked  Mr.  O'Connell   whether  $573  is  the                                                              
equivalent to an economy plan with the state.                                                                                   
                                                                                                                                
MR. O'CONNELL replied,  yes, it is commonly referred  to as an 80-                                                              
20 plan.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. O'Connell  how much Local 52 thinks it                                                              
can save by providing its own plan.                                                                                             
                                                                                                                                
MR. O'CONNELL  replied he  doesn't know.   He pointed out,  as his                                                              
only comparison,  that Local 52 has  20 employees and  the premium                                                              
is $402 a month under the laborers' health insurance trust.                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr.  O'Connell to  comment on  ACHIA, the                                                              
high-risk  pool.  He  explained that  before the  state went  to a                                                              
self-insured plan,  it paid a million-dollar premium  into a high-                                                              
risk pool, which was necessary for an affordable plan.                                                                          
                                                                                                                                
MR. O'CONNELL replied, as he understands  the pool, it was created                                                              
for those who  had a difficult time obtaining insurance.   In that                                                              
regard, it is a very small but expensive pool.                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG noted  that it is a pool of 362  people.  It was                                                              
put together for those who couldn't  get insurance, and the health                                                              
insurance companies  that conduct business in the  state picked up                                                              
the difference of what was paid above  the high premiums.  He also                                                              
noted  that the  state has  to have a  pool in  order to  maintain                                                              
compliance  since the  federal Health  Insurance Portability  [and                                                              
Accountability]  Act passed  three years  ago.  Chairman  Rokeberg                                                              
said  it's a  matter of  fairness.   When the  state became  self-                                                              
insured, everybody else around the  state had to pay for it.  It's                                                              
a classic example of cost-shifting.   The bill therefore says that                                                              
state  employees would  have to  make a  prorated contribution  in                                                              
that regard.                                                                                                                    
                                                                                                                                
Number 0695                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BRICE  asked  under   what  circumstances   state                                                              
employees  do  not  get  insurance.     Is  a  person  who  has  a                                                              
catastrophic illness and who is hired by the state not insured?                                                                 
                                                                                                                                
MR. O'CONNELL  answered that the  only people who are  not covered                                                              
by health insurance are those who  work less than 30 hours a week.                                                              
                                                                                                                                
REPRESENTATIVE  BRICE  said,  "Okay,  so,  if  I come  in  with  a                                                              
predetermined condition, ... I get my coverage?"                                                                                
                                                                                                                                
MR. O'CONNELL replied, "Right."                                                                                                 
                                                                                                                                
REPRESENTATIVE BRICE  said, "So, in  other words, then,  trying to                                                              
apply the ACHIA  to state employees is kind of like  trying to put                                                              
an apple in an orange crate, given the fact that the ACHIA ...."                                                                
                                                                                                                                
MR. O'CONNELL  interjected  and said  it is paying  for a  benefit                                                              
that's not necessary.                                                                                                           
                                                                                                                                
REPRESENTATIVE  BRICE  replied, "Well,  not  necessarily, in  that                                                              
they will never get."                                                                                                           
                                                                                                                                
MR. O'CONNELL responded in the affirmative.                                                                                     
                                                                                                                                
Number 0748                                                                                                                     
                                                                                                                                
DON VALESKO,  Business  Manager, Public  Employees Local  71, came                                                              
before the committee  to testify.  Local 71 represents  some 1,700                                                              
people who  work for the state.   At any one given time,  Local 71                                                              
represents 1,390 to  1,485 employees of the state  who are covered                                                              
by  their trust,  depending on  the season.   The  bill, he  said,                                                              
would have little effect on Local 71.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr.  Valesko how  many covered  lives are                                                              
involved.                                                                                                                       
                                                                                                                                
MR. VALESKO  replied that  he doesn't have  the exact  figure with                                                              
him, but 4,500 is real close.                                                                                                   
                                                                                                                                
Number 0833                                                                                                                     
                                                                                                                                
MR. VALESKO  further stated  that he was  appointed to  Local 71's                                                              
trust, when  it was originally  formed in  1976, as a  member from                                                              
the  Department   of  Transportation  [&  Public   Facilities]  in                                                              
Fairbanks.   He  has served  on the trust  since.   The trust,  he                                                              
explained,  was formed  to provide  supplemental health  insurance                                                              
because members  wanted better  coverage than  what the  state was                                                              
providing.   The state, he noted,  provided a plan that  was close                                                              
to the  current 80-20 plan.   The union, therefore,  negotiated an                                                              
additional 18  cents an  hour from members'  wages in order  to go                                                              
into a  trust fund  to buy  additional coverage.   The  supplement                                                              
provided for  a 90  percent plan.   The trust  was in effect  from                                                              
1976 until  around 1981 to 1982,  when the state opted  out of the                                                              
Social  Security system  and into  the  SBS [Supplemental  Benefit                                                              
System] system,  which offered additional  coverage.  It  was then                                                              
decided that members  could use the money that  was made available                                                              
from  opting  out  of  the  Social   Security  system  to  buy  an                                                              
additional 10 percent health coverage.                                                                                          
                                                                                                                                
MR.  VALESKO further  stated  that  when [Bill]  Sheffield  became                                                              
governor, Local 71  negotiated a full trust.   Local 71 negotiated                                                              
the removal  of "X" amount per  hour from members' wages  in order                                                              
to go  into the  trust and  pull away  from the  state plan.   The                                                              
trust was bilateral  in that there were three  "straight" trustees                                                              
and three union  trustees.  Prior to that, the  trust was strictly                                                              
unilateral  in  that   there  were  only  union   trustees.    The                                                              
unilateral trust  lasted for  one year and  built up a  surplus of                                                              
one million dollars. The next year,  however, the attorney general                                                              
ruled that  a trust was  not an option at  the time because  of AS                                                              
39.30.090.   As a result, Local  71's members went back  under the                                                              
state's  plan, and  the  million dollars  was  distributed to  the                                                              
participants of the trust.                                                                                                      
                                                                                                                                
MR. VALESKO further  stated that in 1993, Local  71 renegotiated a                                                              
full plan of coverage under a unilateral  trust of union trustees.                                                              
Local  71 was  able to  find a  90  percent coverage  plan in  the                                                              
marketplace.  Three  years ago the plan was changed  to a flexible                                                              
benefit type of  plan so that members can select  a plan depending                                                              
upon  their  marital  status.   For  example,  a  member  who  has                                                              
dependents can  opt for  Plan 101, which  provides for  90 percent                                                              
coverage.   A member  who is  single can  opt for  Plan 105.   The                                                              
state,  he  noted,   contributes  $550  a  month,   while  members                                                              
contribute  $50  a month.    Plan  105 costs  $325  a month  so  a                                                              
participant  can get  $275 put into  his/her paycheck.   He  noted                                                              
that taxes are paid on any money put into a paycheck.                                                                           
                                                                                                                                
MR.  VALESKO  further  stated  that  a union  is  better  able  to                                                              
communicate with  its members compared  to a state as a  entity in                                                              
order  to get a  person onboard  to help  cut costs.   He  further                                                              
stated  that  economy-of-size  is   not  necessarily  the  driving                                                              
factor, and individual bargaining  units should have the choice to                                                              
deal for what best fits their members.   He cited that custodians,                                                              
as a group, are  rated as the lowest in experience  in relation to                                                              
health coverage, while  doctors and nurses, as a  group, are rated                                                              
the highest.                                                                                                                    
                                                                                                                                
MR. VALESKO  said in that  regard, Chairman Rokeberg's  concern of                                                              
the large  groups pulling out of  the state thereby  causing rates                                                              
to increase  for those who  are left  is something that  might not                                                              
happen.  It could  happen, however, if the group  that's left is a                                                              
high-user group because of how the  insurance system works.  Local                                                              
71 is part of the coalition and he  believes that competition will                                                              
drive down  the cost of medical coverage  in the state.   The area                                                              
where  cost-shifting takes  place is  related to  free services  -                                                              
those  who  cannot  pay  their medical  bills.    Those  who  have                                                              
coverage or who  can pay for medical expenses, on  the other hand,                                                              
end up paying for those who cannot.                                                                                             
                                                                                                                                
Number 1501                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. Valesko  whether Local 71's  trust is                                                              
self-insured or whether there is an underwriter.                                                                                
                                                                                                                                
MR. VALESKO  replied that Local  71's trust contracts  with United                                                              
of Omaha [Life Insurance Company].                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr.  Valesko whether  United of  Omaha is                                                              
the underwriter or the administrator.                                                                                           
                                                                                                                                
MR. VALESKO replied  that Local 71 pays United  of Omaha premiums.                                                              
He said:                                                                                                                        
                                                                                                                                
     It's like  an underwriter but it's kind  of self-insured                                                                   
     too.   We reach an agreement  that only so much  will go                                                                   
     into paying  claims each month  and, if it's at  the end                                                                   
     of the  year it costs them  "X" amount of  dollars over,                                                                   
     they own that risk.                                                                                                        
                                                                                                                                
Number 1549                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG stated,  then,  that the  trust  has an  actual                                                              
underwriter as well as a variable menu.                                                                                         
                                                                                                                                
MR. VALESKO agreed.                                                                                                             
                                                                                                                                
CHAIRMAN  ROKEBERG  stated, then,  that  the  trust is  not  self-                                                              
insured, which means that the trust pays into ACHIA.                                                                            
                                                                                                                                
MR. VALESKO replied, "I suppose so."                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG said it is true  because it means that United of                                                              
Omaha is paying its fair share into ACHIA.                                                                                      
                                                                                                                                
MR.  VALESKO  said,  in essence,  the  fund  is  self-administered                                                              
through  Local 71.   In  other words,  an  administrator pays  the                                                              
bills to United of Omaha.                                                                                                       
                                                                                                                                
Number 1600                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG   explained  to   Mr.  Valesko  that   when  he                                                              
introduced the legislation  he wasn't trying to put  the trust out                                                              
of business.                                                                                                                    
                                                                                                                                
MR. VALESKO  replied that  he sees  that now,  but he would  still                                                              
have to testify in opposition to  excluding other bargaining units                                                              
from having the same opportunity  that Local 71 has had to address                                                              
its individual memberships.                                                                                                     
                                                                                                                                
Number 1632                                                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG said  he wanted  to get a  discussion going  in                                                              
order  to address  the issue  of health  care insurance  problems,                                                              
which includes  the bargaining  units as  well as  the state.   He                                                              
appreciated Mr.  Valesko's testimony today and how  it illustrated                                                              
Local 71's  ability to give  a choice to  its members and  to save                                                              
money.                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. Valesko  what the total  monthly cost                                                              
is for the 90-10 plan.                                                                                                          
                                                                                                                                
MR. VALESKO  replied that  the total cost  is $600 a  month, which                                                              
includes  vision and  dental.   He  also commented  that Local  71                                                              
would be  interested in negotiating  coverage for  the non-covered                                                              
employees.                                                                                                                      
                                                                                                                                
Number 1748                                                                                                                     
                                                                                                                                
ALISON  ELGEE, Deputy  Commissioner, Office  of the  Commissioner,                                                              
Department  of  Administration,   came  before  the  committee  to                                                              
testify.  She said:                                                                                                             
                                                                                                                                
     We are opposed  to this legislation.  The  first section                                                                   
     that  would  bring  state  employees   back  in  ...  as                                                                   
     participants  in  funding  the   ACHIA  pool,  we  don't                                                                   
     believe there  is any equity in  that.  We would  be the                                                                   
     only    self-insured    environment   in    the    state                                                                   
     participating,  and  because of  the  way our  contracts                                                                   
     work with a capped employer  contribution, this increase                                                                   
     cost would be borne entirely  by employees. ... When the                                                                   
     state  participated  in the  ACHIA  pool, prior  to  our                                                                   
     going self-insured, the entire  cost of health insurance                                                                   
     was  covered  by  the  state.   The  employees  did  not                                                                   
     participate.                                                                                                               
                                                                                                                                
     The  concerns  that we  have  about  Section 3  and  the                                                                   
     inability  of various  bargaining units  to move into  a                                                                   
     health  trust  environment,  I  think,  have  been  very                                                                   
     clearly outlined by the labor  representatives here.  We                                                                   
     believe self-determination will,  in fact, allow some of                                                                   
     the health plan design changes  that may be necessary in                                                                   
     the  future  to  ... control  costs  or  perhaps  reduce                                                                   
     costs.   And putting those  management decisions  in the                                                                   
     hands of the employees themselves  is the best way to go                                                                   
     about accomplishing  that.   So, we have  a lot  of hope                                                                   
     for a health trust environment.                                                                                            
                                                                                                                                
     There are a couple of things  that I do want to clarify,                                                                   
     and I think  that Mr. O'Connell covered that.   We don't                                                                   
     presently pool all of the state  employees.  We pool the                                                                   
     General Government  Unit apart from the  Select Benefits                                                                   
     people.      So,   we're   maintaining    two   separate                                                                   
     environments   in   our  health   trust   today.     The                                                                   
     implications of actually reducing  the size of that pool                                                                   
     are  that  we  might  have  to  look  at  ...  a  little                                                                   
     different mix of ... self-insurance  and stop-loss kinds                                                                   
     of  insurance, if  the pool  were  to get  smaller.   We                                                                   
     purchase stop-loss  for a variety of  different purposes                                                                   
     through our  risk management program, and we  would look                                                                   
     at actually  purchasing some kind of  stop-loss coverage                                                                   
     ... if  the pool got down to  a size where we  felt that                                                                   
     was important, in order to minimize the state's risk.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG  asked Ms. Elgee how many  non-covered employees                                                              
there are.                                                                                                                      
                                                                                                                                
MS. ELGEE replied  that there are 2,000 non-covered  employees and                                                              
about 4,700 covered lives - a sizable pool.                                                                                     
                                                                                                                                
CHAIRMAN  ROKEBERG  asked Ms.  Elgee  whether  that would  be  one                                                              
method of a stop-loss or a smaller pool.                                                                                        
                                                                                                                                
Number 1982                                                                                                                     
                                                                                                                                
MS.  ELGEE replied,  "Yes."   She  noted  that  the Public  Safety                                                              
Employees Association, which is part  of a trust environment, is a                                                              
small  group and,  therefore, purchases  an insured  product.   In                                                              
that regard,  there  are a wide  variety of  options available  in                                                              
order to continue to provide coverage.   The labor representatives                                                              
have  indicated very  clearly  the advantages  of  the ability  to                                                              
exercise cost controls, compared to the state as an entity.                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked Ms. Elgee  to comment on the difficulty of                                                              
the state as a large group entering into a PPO contract.                                                                        
                                                                                                                                
Number 2028                                                                                                                     
                                                                                                                                
MS. ELGEE  replied that  the Administration  has  looked at  a PPO                                                              
agreement primarily  in the Anchorage market, the  only place that                                                              
has the  volume and  necessary competition  to make it  effective.                                                              
The Administration  has  looked primarily  at the hospital  aspect                                                              
and has explored the option with some of the unions.  She said:                                                                 
                                                                                                                                
     The labor  management group  that we worked  with looked                                                                   
     at this  last year  and choose not  to try to  implement                                                                   
     that option  because we were  still relatively new  in a                                                                   
     select-benefits   environment,  and  the   concern  they                                                                   
     expressed  was that the  more choices  you threw at  the                                                                   
     employees the  more difficulty the employees  were going                                                                   
     to have trying to make a meaningful  selection for their                                                                   
     own  set  of  circumstances;   that  we  ought  to  give                                                                   
     employees   a  couple   of  year   to  actually   become                                                                   
     comfortable with the options  that they had at that time                                                                   
     before we introduced anything new.                                                                                         
                                                                                                                                
MS. ELGEE said  the contract for the GGU employees  does not allow                                                              
the  Administration to  make  any changes  to  their plan  without                                                              
concurrence.  In  other words, a PPO plan option  would have to be                                                              
negotiated.                                                                                                                     
                                                                                                                                
Number 2168                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  asked Ms. Elgee whether the  Administration has                                                              
a  plan   for  the  non-covered   employees,  if   the  bargaining                                                              
agreements are approved.                                                                                                        
                                                                                                                                
MS. ELGEE  replied that the  Administration would like  to include                                                              
non-covered  employees in a  trust environment  in order  to allow                                                              
the same type  of self-determination, in terms of  plan design and                                                              
participation in the coalition.   An attorney is looking into that                                                              
now.   In  the  meantime,  there  are a  bunch  of tiny  units  of                                                              
employees who are  participating in Select Benefits,  and the non-                                                              
covered employees act  as an "anchor" to that pool.   For example,                                                              
there are only  75 masters, mates  and pilots who need  to be made                                                              
part of a broader plan.                                                                                                         
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG said:                                                                                                         
                                                                                                                                
     So,  you  think  you can  manage  this  whole  situation                                                                   
     without sticking  together and lowering costs?   There's                                                                   
     been  testimony and  also comments  made that the  state                                                                   
     employees  had  a  good  deal  for  too  long  and  they                                                                   
     overused the plan and that's  one of the reasons they've                                                                   
     driven the cost  of the plan up.  Is there  any validity                                                                   
     to that?                                                                                                                   
                                                                                                                                
MS. ELGEE  replied that the  escalators in health  care nationwide                                                              
have  been a  good  deal higher  than the  general  cost-of-living                                                              
adjustments, and Alaska has been  experiencing a higher escalation                                                              
of  cost  than  the  Lower 48,  primarily  because  of  the  small                                                              
provider markets  and the inability to utilize  health maintenance                                                              
organizations.   She further stated that  there was a "run  on the                                                              
plan" in 1997,  when the state went to a self-insured  plan, which                                                              
is  not  uncommon  in  a  time  of   uncertainty.    For  example,                                                              
participants were  "shoving" checkups  and teeth cleanings  into a                                                              
tighter time frame  instead of spreading them out  over the course                                                              
of a year, in order to get them done  before the change.  The "run                                                              
on the plan" reduced the available  reserves to zero; as a result,                                                              
the new self-insurance program started with no reserves.                                                                        
                                                                                                                                
TAPE 00-39, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. ELGEE continued:                                                                                                            
                                                                                                                                
     And  in '99,  when we  priced  the plan,  we priced  the                                                                   
     standard plan  design for the  Select Benefits  group at                                                                   
     $525, because we were seeing  a lower trend at that time                                                                   
     for that crowd  than the GGU group, which  was priced at                                                                   
     $573.   So, the reason they  have a lower  premium today                                                                   
     is  that   we  substantially   underpriced  the   Select                                                                   
     Benefits plan  in '99 after the experience  came in, but                                                                   
     had the  General Government  Unit priced  appropriately.                                                                   
     So, we're  playing catch-up on the Select  Benefits side                                                                   
     this year.   We believe both those plans  will level out                                                                   
     to  be  similarly  priced,  because  the  coverages  are                                                                   
     almost identical and the demographics  of the two groups                                                                   
     are not significantly different.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG said, "Well, we  look forward to having a PPO or                                                              
point-of-service  action  in  the  state plan  for  the  uncovered                                                              
employees in about a year or so,  wherever they may be.  We may be                                                              
over with Local 71."                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG announced that he would put HB 345 aside in                                                                   
order to sort out the misunderstanding.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0156                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
5:08 p.m.                                                                                                                       
                                                                                                                                

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