Legislature(2005 - 2006)CAPITOL 17

04/24/2006 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 4:00 PM Today--
+ SB 289 INSURANCE TELECONFERENCED
Moved Out of Committee
+ SB 310 EMPLOYMENT OF PRISONERS TELECONFERENCED
Moved HCS SB 310(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 24, 2006                                                                                         
                           4:12 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom Anderson, Chair                                                                                              
Representative Pete Kott                                                                                                        
Representative Gabrielle LeDoux                                                                                                 
Representative Bob Lynn                                                                                                         
Representative Norman Rokeberg                                                                                                  
Representative Harry Crawford                                                                                                   
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 289(FIN)                                                                                                 
"An Act relating to the  payment of insurer examination expenses,                                                               
to the regulation  of managed care insurance  plans, to actuarial                                                               
opinions  and   supporting  documentation  for  an   insurer,  to                                                               
insurance  firms,   managing  general  agents,   and  third-party                                                               
administrators,  to eligibility  of  surplus  lines insurers,  to                                                               
prompt  payment  of health  care  insurance  claims, to  required                                                               
notice  by  an  insurer,  to individual  deferred  annuities,  to                                                               
mental health  benefits under  a health  care insurance  plan, to                                                               
the  definitions of  'title insurance  limited  producer' and  of                                                               
other  terms used  in the  title regulating  the practice  of the                                                               
business of  insurance, and to  small employer  health insurance;                                                               
repealing  the  Small  Employer Health  Reinsurance  Association;                                                               
making  conforming amendments;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED CSSB 289(FIN) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 310                                                                                                             
"An Act  relating to the  employment of prisoners;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED HCS SB 310(STA) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 289                                                                                                                  
SHORT TITLE: INSURANCE                                                                                                          
SPONSOR(s): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
02/13/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/06       (S)       L&C, FIN                                                                                               
02/16/06       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/16/06       (S)       Heard & Held                                                                                           
02/16/06       (S)       MINUTE(L&C)                                                                                            
02/23/06       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/23/06       (S)       Moved CSSB 289(L&C) Out of Committee                                                                   
02/23/06       (S)       MINUTE(L&C)                                                                                            
02/27/06       (S)       L&C RPT CS  3DP      SAME TITLE                                                                        
02/27/06       (S)       DP: BUNDE, STEVENS B, SEEKINS                                                                          
03/20/06       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/20/06       (S)       Heard & Held                                                                                           
03/20/06       (S)       MINUTE(FIN)                                                                                            
03/27/06       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/27/06       (S)       <Above Bill Hearing Canceled>                                                                          
03/29/06       (S)       FIN     RPT     CS           5DP     2NR                                                               
                         NEW TITLE                                                                                              
03/29/06       (S)       DP:   WILKEN,   GREEN,   BUNDE,   DYSON,                                                               
                         STEDMAN                                                                                                
03/29/06       (S)       NR: HOFFMAN, OLSON                                                                                     
03/29/06       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/29/06       (S)       Moved CSSB 289(FIN) Out of Committee                                                                   
03/29/06       (S)       MINUTE(FIN)                                                                                            
04/13/06       (S)       TRANSMITTED TO (H)                                                                                     
04/13/06       (S)       VERSION: CSSB 289(FIN)                                                                                 
04/18/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/18/06       (H)       L&C, FIN                                                                                               
04/24/06       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: SB 310                                                                                                                  
SHORT TITLE: EMPLOYMENT OF PRISONERS                                                                                            
SPONSOR(s): FINANCE                                                                                                             
                                                                                                                                
03/20/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/20/06       (S)       FIN                                                                                                    
03/27/06       (S)       FIN RPT 4DP 1NR                                                                                        
03/27/06       (S)       DP: WILKEN, GREEN, DYSON, STEDMAN                                                                      
03/27/06       (S)       NR: HOFFMAN                                                                                            
03/27/06       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/27/06       (S)       Moved  SB 310  Out of Committee                                                                        
03/27/06       (S)       MINUTE(FIN)                                                                                            
03/31/06       (S)       TRANSMITTED TO (H)                                                                                     
03/31/06       (S)       VERSION: SB 310                                                                                        
04/03/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/03/06       (H)       STA, L&C, FIN                                                                                          
04/11/06       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/11/06       (H)       Scheduled But Not Heard                                                                                
04/13/06       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
04/13/06       (H)       Heard & Held                                                                                           
04/13/06       (H)       MINUTE(STA)                                                                                            
04/18/06       (H)       STA AT 4:00 PM CAPITOL 106                                                                             
04/18/06       (H)       Moved HCS SB 310(STA) Out of Committee                                                                 
04/18/06       (H)       MINUTE(STA)                                                                                            
04/19/06       (H)       STA RPT HCS(STA) 6DP                                                                                   
04/19/06       (H)       DP: GARDNER, LYNN, GATTO, GRUENBERG,                                                                   
                         RAMRAS, SEATON                                                                                         
04/24/06       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JANE ALBERTS, Staff                                                                                                             
to Senator Con Bunde                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Noted  that the  Senate Labor  and Commerce                                                               
Standing Committee  sponsored SB 289  by request of  the Division                                                               
of Insurance.                                                                                                                   
                                                                                                                                
LINDA HALL, Director                                                                                                            
Division of Insurance                                                                                                           
Department of Commerce, Community, & Economic Development                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support  of SB 289 on behalf of                                                               
the Division  of Insurance, which  requested the  introduction of                                                               
SB 289.                                                                                                                         
                                                                                                                                
KATIE CAMPBELL, Actuary Life/Health                                                                                             
Juneau Office                                                                                                                   
Division of Insurance                                                                                                           
Department of Commerce, Community, & Economic Development                                                                       
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  hearing  of   SB  289,  answered                                                               
questions.                                                                                                                      
                                                                                                                                
DR. RAMSEY NASSAR, Psychiatrist                                                                                                 
(No address provided)                                                                                                           
POSITION  STATEMENT:   During  hearing of  SB  289, testified  in                                                               
support of moving toward parity.                                                                                                
                                                                                                                                
DARWIN PETERSON, Staff                                                                                                          
to Senator Lyda Green                                                                                                           
Senate Finance Committee                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented  SB 310 on  behalf of  the Senate                                                               
Finance Committee, sponsor.                                                                                                     
                                                                                                                                
SHARLEEN (SHAR) GRIFFIN, Director                                                                                               
Central Office                                                                                                                  
Division of Administrative Services                                                                                             
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions during  hearing on  SB
310.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR TOM ANDERSON  called the House Labor  and Commerce Standing                                                             
Committee meeting to order at  4:12:12 PM.  Representatives Lynn,                                                             
Kott,  Guttenberg, Rokeberg,  and  Anderson were  present at  the                                                               
call to  order.  Representatives  LeDoux and Crawford  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
4:12:43 PM                                                                                                                    
                                                                                                                                
SB 289-INSURANCE                                                                                                              
                                                                                                                                
CHAIR ANDERSON announced  that the first order  of business would                                                               
be  CS FOR  SENATE BILL  NO. 289(FIN),  "An Act  relating to  the                                                               
payment  of insurer  examination expenses,  to the  regulation of                                                               
managed  care   insurance  plans,   to  actuarial   opinions  and                                                               
supporting  documentation for  an  insurer,  to insurance  firms,                                                               
managing  general  agents,  and  third-party  administrators,  to                                                               
eligibility  of  surplus lines  insurers,  to  prompt payment  of                                                               
health care insurance  claims, to required notice  by an insurer,                                                               
to  individual  deferred  annuities, to  mental  health  benefits                                                               
under a health care insurance  plan, to the definitions of 'title                                                               
insurance limited producer' and of  other terms used in the title                                                               
regulating  the practice  of the  business of  insurance, and  to                                                               
small  employer health  insurance; repealing  the Small  Employer                                                               
Health  Reinsurance  Association; making  conforming  amendments;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
JANE  ALBERTS,   Staff  to  Senator   Con  Bunde,   Alaska  State                                                               
Legislature,  began  by  explaining  that the  Senate  Labor  and                                                               
Commerce Standing  Committee sponsored SB  289 by request  of the                                                               
Division of Insurance.                                                                                                          
                                                                                                                                
4:13:29 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON  announced  that  he  would  like  to  move  this                                                               
legislation out of committee today  unless members have consuming                                                               
questions.                                                                                                                      
                                                                                                                                
4:13:42 PM                                                                                                                    
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community, &  Economic Development  (DCCED), began  by                                                               
noting the  division's support  for SB 289.   Ms.  Hall specified                                                               
that the  majority of the  legislation addresses  issues relating                                                               
to  life,  annuities, and  health  insurance.   She  then  turned                                                               
attention to Sections 3-24 and  explained that generally [Alaska]                                                               
has laws that  only apply to group health insurance  plans.  This                                                               
legislation changes those protections  to consumers to also apply                                                               
to  individual  health  insurance   plans.    The  aforementioned                                                               
protections include  internal and external appeals  processes for                                                               
claims   denial  and   prompt  payment   statutes.     The  other                                                               
nonsubstantive changes  include replacing the term  "health care"                                                               
with  "medical  care",   which  is  defined  in   statute.    The                                                               
aforementioned change  would make it consistent  with federal and                                                               
state laws.  Section 32  contains provisions regarding the prompt                                                               
payment  of  health claims,  which  under  this legislation  will                                                               
apply to individuals.   The legislation also  contains changes in                                                               
the nonforfeiture  language for annuities by  adopting some model                                                               
laws that the  state had yet to adopt.   The legislation contains                                                               
changes  to  protect  against   excessive  surrender  charges  on                                                               
annuity products so  that consumers aren't gouged.   She informed                                                               
the  committee  that   the  Small  Employer  Health  Re-insurance                                                               
Association  isn't  being  utilized  and  costs  the  association                                                               
$10,000-$12,000  a year  to administer.    Furthermore, only  two                                                               
lives  are reinsured  in that  group and  they are  supportive of                                                               
winding up the affairs of the association.                                                                                      
                                                                                                                                
4:16:26 PM                                                                                                                    
                                                                                                                                
MS. HALL  went on  to inform the  committee that  the legislation                                                               
includes  some  corrections  to  statutory  references  regarding                                                               
qualified  domestic relation  orders.    Furthermore, the  Health                                                               
Insurance  Portability  and  Accountability  Act  (HIPAA)  mental                                                               
parity provisions,  which are identical to  provisions adopted in                                                               
1987,  are  included in  this  legislation.   The  aforementioned                                                               
attempts to ensure that Alaska's  statutes are in compliance with                                                               
federal law.                                                                                                                    
                                                                                                                                
MS.  HALL  specified  that  the   remainder  of  the  legislation                                                               
addresses areas outside  of life and health insurance.   On pages                                                               
15  and  16  there  is   an  actuarial  guideline,  which  is  an                                                               
additional tool that  the division would use  to quickly identify                                                               
an  insurer  who  is  in  a troubled  financial  position.    The                                                               
domestic insurer would be required  to file its actuarial opinion                                                               
summary,  which  would  include  its estimate  of  the  range  of                                                               
reasonable reserves,  and explain  any adverse development.   Ms.                                                               
Hall  said,  "This  is  the  National  Association  of  Insurance                                                               
Commissioners'  model, that  we  would like  adopted  for use  in                                                               
regulating  our domestic  insurers."   She then  highlighted that                                                               
the legislation  includes changes in requirements  for a managing                                                               
general  agent to  place Alaska  more  clearly in  line with  how                                                               
managing general  agents are regulated  around the country.   The                                                               
legislation  also  includes   provisions  to  streamline  various                                                               
licensing procedures in order to  allow the division to publish a                                                               
list of  eligible surplus  lines insurers  on the  division's web                                                               
site and to expand electronic communications.                                                                                   
                                                                                                                                
4:18:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG,  recalling that  Alaska had  adopted the                                                               
mental health provisions under HIPAA  in the past, asked if those                                                               
are optional.                                                                                                                   
                                                                                                                                
MS. HALL clarified that they merely sunsetted.                                                                                  
                                                                                                                                
REPRESENTATIVE  ROKEBERG inquired  as to  what the  mental health                                                               
provisions stated prior to sunsetting.                                                                                          
                                                                                                                                
MS. HALL  answered that  the mental health  provisions in  SB 289                                                               
are the same as what they were prior to sunsetting.                                                                             
                                                                                                                                
4:18:46 PM                                                                                                                    
                                                                                                                                
MS.  HALL,  in  further   response  to  Representative  Rokeberg,                                                               
specified  that  the mental  health  provisions  are embodied  in                                                               
Section 39.                                                                                                                     
                                                                                                                                
4:19:22 PM                                                                                                                    
                                                                                                                                
KATIE CAMPBELL,  Actuary Life/Health, Juneau Office,  Division of                                                               
Insurance,   Department  of   Commerce,  Community,   &  Economic                                                               
Development, said  that the section  being referenced  is located                                                               
on  page 32,  line  19,  and the  language  is  identical to  the                                                               
federal  law   implementing  the  mental  health   parity.    She                                                               
explained that  the language specifies  that if  [the provisions]                                                               
would increase  the cost of health  care by more than  1 percent,                                                               
the provisions wouldn't apply.   The language is basically a copy                                                               
of the law adopted in 1987.                                                                                                     
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  inquired as to what  happens after the                                                               
repeal of the Small Employer Health Insurance Association.                                                                      
                                                                                                                                
MS.  HALL explained  that  upon  repeal there  won't  be any  re-                                                               
insurance  for  the  two  lives  in  the  Small  Employer  Health                                                               
Insurance  Association.   The insurance  company will  accept the                                                               
risk,   without   re-insuring.       In   further   response   to                                                               
Representative  Guttenberg, Ms.  Hall  related her  understanding                                                               
that  the change  won't impact  the  two lives  remaining in  the                                                               
aforementioned association.                                                                                                     
                                                                                                                                
4:20:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD highlighted  the  language  to page  32,                                                               
lines 12-13, which  read:  "Except as provided  otherwise in this                                                               
title, a  health care insurance  plan is not required  to provide                                                               
mental health benefits."   He asked if that's  been the situation                                                               
all along.                                                                                                                      
                                                                                                                                
MS.  HALL  replied   yes,  and  added  that,   save  those  items                                                               
specifically mandated in state law,  the division doesn't require                                                               
any  particular types  of coverage  to be  in a  health insurance                                                               
plan.   Therefore, individuals  would have a  choice as  would an                                                               
employer creating  a health  plan.  The  state, she  related, has                                                               
never  chosen  to  mandate  the   requirement  of  mental  health                                                               
benefits.                                                                                                                       
                                                                                                                                
4:21:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD said that the  sections leading up to the                                                               
aforementioned  language  seem  to   provide  for  mental  health                                                               
parity, although  the [insurer] can  opt out of such  coverage if                                                               
the insurer so desires.                                                                                                         
                                                                                                                                
MS. HALL  clarified that if  mental health services  are offered,                                                               
then it must done with parity.   However, it's not required to be                                                               
offered.                                                                                                                        
                                                                                                                                
4:22:08 PM                                                                                                                    
                                                                                                                                
DR.  RAMSEY   NASSAR,  Psychiatrist,   began  by   informing  the                                                               
committee that  although he is  only testifying as a  citizen, he                                                               
is  a member  of  the Alaska  State  Psychiatric Association  and                                                               
Alaska State  Medical Association.   Dr.  Nassar opined  that the                                                               
line between mental  health and physical health  is becoming more                                                               
blurred  as  more  is  learned  about  various  conditions.    In                                                               
general, Dr. Nassar said  that he is for parity in  as much as it                                                               
can be provided.                                                                                                                
                                                                                                                                
4:23:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  inquired as  to Dr.  Nassar's specific                                                               
concerns about SB 289.                                                                                                          
                                                                                                                                
DR.  NASSAR  replied that  he  wanted  to support  moving  toward                                                               
parity,  and noted  that he  doesn't have  any specific  concerns                                                               
regarding the legislation.                                                                                                      
                                                                                                                                
4:24:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG moved  to  report CSSB  289(FIN) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  289(FIN)  was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
4:25:04 PM                                                                                                                    
                                                                                                                                
SB 310-EMPLOYMENT OF PRISONERS                                                                                                
                                                                                                                                
CHAIR ANDERSON announced  that the final order  of business would                                                               
be SENATE  BILL NO. 310,  "An Act  relating to the  employment of                                                               
prisoners; and providing for an effective date."                                                                                
                                                                                                                                
4:25:35 PM                                                                                                                    
                                                                                                                                
DARWIN  PETERSON, Staff  to Senator  Lyda  Green, Senate  Finance                                                               
Committee, Alaska  State Legislature, sponsor, noted  that SB 310                                                               
was introduced  at the request  of the Department  of Corrections                                                               
(DOC).  He explained that the  intent of the bill is to reinstate                                                               
the Alaska  Correctional Industries program, which  was sunsetted                                                               
along  with the  Correctional Industries  Commission, in  July of                                                               
2005.  This  legislation, he said, would  reestablish and improve                                                               
the  aforementioned  program.    He  went  on  to  say  that  the                                                               
department  would have  the authority  to participate  in federal                                                               
Prison  Industry  Enhancement  (PIE)   programs  in  addition  to                                                               
actively participating  and partnering with  private enterprises.                                                               
In regard  to the cost of  the program, he said  that the program                                                               
will be  funded through  program receipts.   Furthermore,  SB 310                                                               
promotes prisoner  responsibility and accountability  by enabling                                                               
the department  to deduct confinement costs  from inmates' wages.                                                               
These  deductions,  he  said,  may  be  used  for  child  support                                                               
payments,  victim restitution,  criminal fines,  civil judgments,                                                               
fees  for  utilities  while incarcerated  in  addition  to  other                                                               
obligations.  He  said "this is a vital piece  of legislation ...                                                               
if the state of Alaska  wants to continue using prison employment                                                               
as a tool for rehabilitation."                                                                                                  
                                                                                                                                
4:27:12 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON  noted   that  he  was  previously   on  the  DOC                                                               
subcommittee.   Initially, he said,  there was  concern regarding                                                               
compensation   for   inmates;   however,  he   spoke   with   the                                                               
commissioner who  explained the  importance of  the program.   He                                                               
opined  that this  program  is "critical"  to  keep the  [prison]                                                               
environment civil.                                                                                                              
                                                                                                                                
MR.  PETERSON  stated  his agreement  and  highlighted  furniture                                                               
building programs  and laundry programs, which  are important for                                                               
rehabilitation.                                                                                                                 
                                                                                                                                
4:28:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  asked if  there is  any possibility  of jobs                                                               
being taken from "law-abiding citizens."                                                                                        
                                                                                                                                
MR.  PETERSON   replied  no,  adding  that   the  Senate  Finance                                                               
Committee and the  labor unions worked to find  a compromise, and                                                               
an  amendment was  adopted in  the House  State Affairs  Standing                                                               
Committee to  add language to  ensure that this would  not occur.                                                               
He explained that  before authorizing a contract  to conduct work                                                               
with a  private organization the  commissioner must  consult with                                                               
the labor unions.                                                                                                               
                                                                                                                                
CHAIR  ANDERSON  acknowledged  members  of the  labor  unions  in                                                               
attendance, and noted their support of SB 310.                                                                                  
                                                                                                                                
4:30:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD expressed  concern regarding  contracted                                                               
work, and asked  how the department would  compensate for changes                                                               
in the workforce.   In addition, he inquired as  to the length of                                                               
the contracts between the department and the labor unions.                                                                      
                                                                                                                                
MR. PETERSON  replied that without  seeing contract  language, he                                                               
would be unable to answer  the question regarding contract dates;                                                               
however, he  surmised that  the labor unions  would not  want the                                                               
contract to continue over an extensive period of time.                                                                          
                                                                                                                                
4:32:02 PM                                                                                                                    
                                                                                                                                
CHAIR  ANDERSON commented  that [the  length of  contracts] is  a                                                               
regulatory interpretation,  not a  statutory interpretation.   He                                                               
said  that in  order to  have the  labor unions'  support of  the                                                               
bill,  the  aforementioned issue  needed  to  be addressed.    He                                                               
surmised  that the  contracts would  most likely  be for  a short                                                               
time, with the option of voiding the contract, if necessary.                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD   said  that   he  would  like   to  see                                                               
guidelines for the contracts.                                                                                                   
                                                                                                                                
MR.   PETERSON  replied   that   the  department   may  have   an                                                               
interpretation of the current regulations  which may address this                                                               
issue.                                                                                                                          
                                                                                                                                
4:33:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG,  referring to  page 3, Section  2, asked                                                               
why the  language regarding  the impact  on private  industry was                                                               
removed.    He  opined  that   "private  organization"  does  not                                                               
indicate this level  of consultation.  In response  to a comment,                                                               
he clarified  that previously, the  bill applied to  both private                                                               
an public sector  contracts; however, it appears to  now focus on                                                               
union contracts.                                                                                                                
                                                                                                                                
MR.  PETERSON explained  that  the  aforementioned amendment  was                                                               
intended  to "raise  the bar"  for  both the  public and  private                                                               
sector.  The commissioner would  consult with local organizations                                                               
to ensure that  the contract does not result  in the displacement                                                               
of employed  workers.  He  stated that  this would apply  to both                                                               
private sector and labor union employees.   He added that if this                                                               
language is not  specific enough, the sponsor  would support more                                                               
specificity;  however,  it  is  the  sponsor's  belief  that  the                                                               
current language is appropriate.                                                                                                
                                                                                                                                
4:35:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG questioned the  involvement of a "private                                                               
organization."                                                                                                                  
                                                                                                                                
REPRESENTATIVE GUTTENBERG, referring to  page 6, Section 9, asked                                                               
for an explanation of the intent of this section.                                                                               
                                                                                                                                
MR. PETERSON  replied that [AS  37.05.146(c)] applies  to program                                                               
receipts.   He  explained  that Section  9  includes language  to                                                               
ensure that revenue  from the program may be used  as its funding                                                               
source.                                                                                                                         
                                                                                                                                
SHARLEEN (SHAR)  GRIFFIN, Director,  Central Office,  Division of                                                               
Administrative   Services,  Department   of  Corrections   (DOC),                                                               
clarified  that  Section 9  is  intended  to support  the  Prison                                                               
Industries  Enhancement  program  (PIE),  which  is  through  the                                                               
Bureau  of Justice  Assistance  (BJA), and  is  monitored by  the                                                               
Correctional Industries Association.   She said that this program                                                               
has many regulations  that must be followed.   She explained that                                                               
this program  requires the inmates  be paid the  prevailing wage,                                                               
which must  be obtained  through the  Department of  Labor, along                                                               
with working with union organizations  to ensure that there is no                                                               
unfair  competition.   Paying prevailing  wage, she  said, allows                                                               
one  deduction for  the  offender  to pay  part  of  the cost  of                                                               
incarceration.  She  said that the money would go  to support the                                                               
program in which the inmate is working.                                                                                         
                                                                                                                                
4:38:02 PM                                                                                                                    
                                                                                                                                
MS.  GRIFFIN, in  response to  a question,  said that  prevailing                                                               
wage is  being used instead of  minimum wage so as  to not create                                                               
unfair competition with private industries.                                                                                     
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  asked what  types  of  jobs would  be                                                               
available [with the PIE program].                                                                                               
                                                                                                                                
MS.  GRIFFIN  replied  that  this would  depend  on  the  private                                                               
vendor.   The PIE is  required if the  contract is with  a vendor                                                               
that transports and  sells goods across state  lines.  Currently,                                                               
she said, 34 states are involved in this program.                                                                               
                                                                                                                                
4:39:55 PM                                                                                                                    
                                                                                                                                
MS.  GRIFFIN, in  response to  a question,  said that  currently,                                                               
there  are no  contracts  that transport  and  sell goods  across                                                               
state lines.                                                                                                                    
                                                                                                                                
CHAIR ANDERSON asked if any  prisoner can work, regardless of the                                                               
violation.                                                                                                                      
                                                                                                                                
MS.   GRIFFIN  replied   no.     She  said   that  the   inmate's                                                               
classification must  fit the  job for  which the  inmate applied.                                                               
These classifications  are:   minimum security,  medium security,                                                               
maximum security, and close security.                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX, referring to page  3, Section 2, in regard                                                               
to the  commissioner consulting  with local  union organizations,                                                               
inquired as to  what would happen if  a job in question  is not a                                                               
union position.                                                                                                                 
                                                                                                                                
MS. GRIFFIN replied  that the types of jobs  the department would                                                               
participate in would be the types  of activities that can be done                                                               
within  the  confines  of   an  institution,  which  "drastically                                                               
limits" what can  be done.  She stated that  inmates would not be                                                               
sent outside of  the facility to work.  For  example, she said, a                                                               
vendor may wish to set up  an auto-body shop and teach inmates to                                                               
do auto-body work.                                                                                                              
                                                                                                                                
4:42:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked if auto-body work is a union trade.                                                                 
                                                                                                                                
MS.  GRIFFIN replied  that she  does  not believe  so, but  would                                                               
defer to the union representatives to answer this question.                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD  said  that  some  auto-body  shops  are                                                               
union; however, most are not.                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROKEBERG,   referring  to  page  5,   Section  7,                                                               
subparagraph (b),  asked if  the prevailing  wage is  the current                                                               
standard.                                                                                                                       
                                                                                                                                
MS. GRIFFIN replied that the  prevailing wage only applies to the                                                               
PIE, and can be found on page 4, Section 6 of the bill.                                                                         
                                                                                                                                
4:45:55 PM                                                                                                                    
                                                                                                                                
MS. GRIFFIN,  in response  to a question,  clarified that  if the                                                               
department signed  a contract with  a vendor who wanted  to build                                                               
office furniture and sell it  across state lines, this would need                                                               
to be a PIE program in order for the state to participate.                                                                      
                                                                                                                                
MS.  GRIFFIN,  in  response  to questions,  stated  that  SB  310                                                               
contains retroactive clauses.  If  the legislation does not pass,                                                               
she said,  the department will  not be  able to continue  the PIE                                                               
program, in addition to having working inmates.                                                                                 
                                                                                                                                
REPRESENTATIVE KOTT inquired as  to the current statewide average                                                               
cost of confinement.                                                                                                            
                                                                                                                                
MS. GRIFFIN  replied that the  average is $107.42 per  day, which                                                               
includes all costs.   In response to an  additional question, she                                                               
clarified that if  the compensation is 50 percent or  more of the                                                               
minimum wage  established, the  commissioner may  make deductions                                                               
"up to the cost of care."                                                                                                       
                                                                                                                                
4:48:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG expressed concern  regarding the types of                                                               
private contractors that would be considered.                                                                                   
                                                                                                                                
CHAIR ANDERSON  suggested that this  question be  answered before                                                               
the next committee of referral.                                                                                                 
                                                                                                                                
4:49:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT  moved to  report  HCS  SB 310(STA)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There being  no objection,  HCS SB  310(STA) was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  meeting was  adjourned at                                                               
4:49:34 PM.                                                                                                                   

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