Legislature(2007 - 2008)SENATE FINANCE 532
05/09/2007 02:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB69 | |
| HB121 | |
| SB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 69 | TELECONFERENCED | |
| += | HB 121 | TELECONFERENCED | |
| += | SB 104 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
May 9, 2007
2:44 p.m.
CALL TO ORDER
Co-Chair Bert Stedman convened the meeting at approximately
2:44:43 PM.
PRESENT
Senator Bert Stedman, Co-Chair
Senator Charlie Huggins, Vice Chair
Senator Kim Elton
Senator Donny Olson
Senator Joe Thomas
Senator Fred Dyson
Also Attending: SENATOR LESIL MCGUIRE; REPRESENTATIVE PEGGY
WILSON; CLIFF STONE, Staff to Representative Wilson;
Attending via Teleconference: From Fairbanks: ANDY HARRINGTON,
Alaska Legal Services Corporation;
SUMMARY INFORMATION
SB 69-CIVIL LEGAL SERVICES FUND
The Committee heard from the sponsor and the Alaska Legal
Services Corporation. A committee substitute was adopted and the
bill was reported from Committee.
HB 121-WORKERS' COMPENSATION RECORDS
The Committee heard from the sponsor. The bill was reported from
Committee.
SB 104-NATURAL GAS PIPELINE PROJECT
The Committee adopted a committee substitute.
2:45:32 PM
SENATE BILL NO. 69
"An Act relating to the creation of a civil legal services
fund."
This was the second hearing for this bill in the Senate Finance
Committee.
2:45:44 PM
Co-Chair Stedman informed of collaborations between his office
and the sponsor to address concerns regarding this legislation.
2:45:55 PM
Co-Chair Hoffman offered a motion to adopt CS SB 69, 25-
LS0454\C, as a working document.
There was no objection and the committee substitute Version "C"
was ADOPTED as a working document.
2:46:31 PM
SENATOR LESIL MCGUIRE, Sponsor of the bill, remarked on her
efforts over seven years on this proposal.
2:46:46 PM
Senator McGuire told of the insertion of "only" following "may"
to the language of Section 37.05.590. Civil legal services
fund., added to Article 6 of AS 37.05 by Section 1 on page 1,
line 8. The amendment sentence reads, "Annually, the legislature
may only appropriate to the fund from the amounts deposited into
the general fund of the state under AS 09.17.020(j)."
2:47:22 PM
Senator McGuire explained that this provision would require that
the civil legal services fund could only receive appropriations
generated from the punitive damages fund. This is intended to
avoid pressure to appropriate general funds during times of
limited State revenues.
2:48:06 PM
ANDY HARRINGTON, Alaska Legal Services Corporation, testified
via teleconference from Fairbanks that the committee substitute
meets the intent of the project. He was satisfied with the
language of the committee substitute.
2:48:39 PM
Co-Chair Hoffman offered a motion to report CS SB 69, 25-
LS0454\C, from Committee with individual recommendations and
accompanying fiscal note.
There was no objection and CS SB 69 (FIN) was REPORTED FROM
COMMITTEE with zero fiscal note #1 from the Department of
Administration.
2:49:35 PM
CS FOR HOUSE BILL NO. 121(L&C) am
"An Act relating to release of information in individual
workers' compensation records; and providing for an
effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Stedman announced intent to report this bill from
Committee provided unless any issues were identified that could
not be addressed at this hearing.
2:50:14 PM
REPRESENTATIVE PEGGY WILSON, Sponsor of the bill, reminded that
this legislation would protect workers from discrimination in
the workplace and especially against identity theft.
2:50:51 PM
CLIFF STONE, Staff to Representative Wilson, explained that the
provisions of Section 1 would add an employee's name, address,
social security number, electronic mail address, and telephone
number to the information not to be public records subject to
public inspection.
2:51:18 PM
Mr. Stone continued that the language of Section 2, added in the
committee substitute, 25-LS0501\M, adopted at the previous
hearing, would allow an employee to authorize inclusion of the
aforementioned information in the public record. Because this
would be an "opt in" clause, the Department of Labor and
Workforce Development would need to create a procedure to
accommodate an employee wanting the information to be
accessible.
2:52:12 PM
Co-Chair Stedman pointed out that fiscal notes reflect that this
legislation would incur no additional cost to implement.
2:52:38 PM
Senator Elton asked how an employee would "opt in" and allow the
identifying information to be made public. He asked if a party
seeking that information would submit a request to the
department, which would then approach the employee for
permission to release the information, or whether the process
would only entail a generic release document.
2:53:12 PM
Mr. Stone shared that this issue was discussed by the Senate
Judiciary Committee and the Department testified at that time
that a release form would be created. The point at which an
employee would be presented with the option of completing the
form had not yet been determined and could be during the initial
filing of a claim or later in the process.
2:53:55 PM
Senator Huggins cited language of the sponsor statement reading,
"As amended on the House floor, employee names and addresses can
still be released to the general public." He asked for an
explanation.
2:54:12 PM
Representative Wilson informed that the provision, which the
statement referenced, had been removed from the committee
substitute, Version "M". The current version of the bill would
prohibit the release of names, social security numbers,
addresses, electronic mail address or telephone numbers. The
language passed by the House of Representatives would have
allowed for the release of names and addresses.
2:54:41 PM
Senator Huggins hypothesized an attorney seeking clients for
workers' compensation cases and asked the process for that
attorney to obtain information on employees.
2:55:30 PM
Representative Wilson responded that the Department had
testified to the Senate Judiciary Committee that it would adopt
regulations to likely provide that an employee filing a claim
for workers compensation benefits would be asked whether
identifying information should be released. If that employee
agrees, the information would become public immediately. Most
claims do not result in lawsuits.
Representative Wilson informed that this matter was brought to
her attention by the Department and from an individual who had
been contacted by an attorney soliciting cases.
2:55:51 PM
Representative Wilson read from a letter dated January 19, 2007
addressed to Representative Kurt Olson, Chair, House Labor and
Commerce Committee from Gloria Copenspire, [copy on file] as
follows.
My husband, Gene, and I have both had minor injuries while
we were working at Trident Seafoods Corporation shoreplant
in Sand Point, Alaska. We each received unwelcomed
solicitations from some lawyers back East asking if we were
injured on a floating processing vessel! I do not want my
personal information made available to the public and
wondered how these lawyers got my name in the first place.
I do not believe it is appropriate for the State of Alaska
to release this information without my consent.
To be blunt, the fact I have suffered an injury in the
workplace and filed a claim under worker's compensation
should not entitle the public to my home address and other
personal information. I certainly do not want some
ambulance-chasing lawyer soliciting me because of my claim.
Representative Wilson noted that Ms. Copenspire had initially
assumed that the information had been released by her employer
but later learned that the State had made it available.
2:56:54 PM
Senator Thomas questioned employers' claim to "protect"
employees in circumstances such as this. He therefore reviewed
the lawsuit, which "basically gave rise to this" involving an
attorney requesting identifying information. He also reviewed a
"booklet" noting it did not "give any indication" of this issue
and he doubted that an employee would be presented a release
form at the time a claim was filed. He expressed concern about
the sequence of the process.
Senator Thomas qualified that social security numbers,
electronic addresses and telephone numbers should be protected.
However, he could secure this information as public record on
almost anyone conducting business with the State in some
capacity. The workers compensation program would be the only
program in which this information would not be available.
2:58:16 PM
Representative Wilson countered that the situation involving
identity theft had changed in recent years and that identifying
information must be protected. The filing of a workers
compensation claim did not automatically result in a lawsuit. In
many instances, the worker was injured, was then treated and
recovered.
2:59:47 PM
Co-Chair Hoffman offered a motion to report SCS CS HB 121, 25-
LS0501\M, from Committee with individual recommendations and
accompanying fiscal notes.
3:00:22 PM
Without objection SCS CS HB 121 (FIN) was REPORTED FROM
COMMITTEE with zero fiscal notes #1 from the Department of
Administration and #2 from the Department of Labor and Workforce
Development.
AT EASE 3:00:52 PM / 3:01:32 PM
3:01:34 PM
CS FOR SENATE BILL NO. 104(JUD)
"An Act relating to the Alaska Gasline Inducement Act;
establishing the Alaska Gasline Inducement Act matching
contribution fund; providing for an Alaska Gasline
Inducement Act coordinator; making conforming amendments;
and providing for an effective date."
19th This was the nineteenth hearing for this bill in the Senate
Finance Committee.
3:01:54 PM
Co-Chair Hoffman offered a motion to adopt CS SB 104, 25-
GS1060\N, as a working document.
There was no objection and the committee substitute, Version "N"
was ADOPTED as a working document.
3:02:19 PM
Without further discussion the bill was HELD in Committee.
ADJOURNMENT
Co-Chair Bert Stedman adjourned the meeting at 3:02:34 PM
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