04/05/2017 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB15 | |
| SB29 | |
| Confirmation Hearings | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 29 | TELECONFERENCED | |
| += | SB 60 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 15 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 5, 2017
1:37 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
State Board of Parole
Jason Wilson
- CONFIRMATION ADVANCED
Violent Crimes Compensation Board
Nora Barlow
- CONFIRMATION ADVANCED
Select Committee on Legislative Ethics
Joyce Anderson
Deborah Fancher
Lee Holmes
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- HEARD & HELD
SENATE BILL NO. 29
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), and 603(a), Alaska Rules of Appellate Procedure;
and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 60
"An Act relating to sport fishing, hunting, or trapping
licenses, tags, or permits; relating to penalties for certain
sport fishing, hunting, and trapping license violations;
relating to restrictions on the issuance of sport fishing,
hunting, and trapping licenses; creating violations and amending
fines and restitution for certain fish and game offenses;
creating an exemption from payment of restitution for certain
unlawful takings of big game animals; relating to commercial
fishing violations; allowing lost federal matching funds from
the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux
programs to be included in an order of restitution; adding a
definition of 'electronic form'; and providing for an effective
date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 15
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/21/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved CSSB 15(L&C) Out of Committee
03/02/17 (S) MINUTE(L&C)
03/06/17 (S) L&C RPT CS 4DP NEW TITLE
03/06/17 (S) DP: COSTELLO, HUGHES, MEYER, GARDNER
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/27/17 (S) Heard & Held
03/27/17 (S) MINUTE(JUD)
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/17 (S) <Bill Hearing Canceled>
04/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/17 (S) Heard & Held
04/03/17 (S) MINUTE(JUD)
04/05/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 29
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/20/17 (S) READ THE FIRST TIME - REFERRALS
01/20/17 (S) L&C, JUD, FIN
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) Heard & Held
02/28/17 (S) MINUTE(L&C)
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved SB 29 Out of Committee
03/02/17 (S) MINUTE(L&C)
03/03/17 (S) L&C RPT 1DP 3NR
03/03/17 (S) NR: COSTELLO, HUGHES, MEYER
03/03/17 (S) DP: GARDNER
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/17 (S) Heard & Held
03/29/17 (S) MINUTE(JUD)
04/05/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
NORA BARLOW, Appointee
Violent Crimes Compensation Board
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Violent Crimes
Compensation Board.
DEBORAH FANCHER, Appointee
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics.
JOYCE ANDERSON, Appointee
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics.
LEE HOLMES, Appointee
Select Committee on Legislative Ethics
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Select
Committee on Legislative Ethics.
JASON WILSON, Appointee
State Board of Parole
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the State Board of
Parole.
JENNIFER BRANDT, representing herself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 15.
ETHAN BRANDT, representing himself
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 15.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 15.
HEIDI DRYGAS, Commissioner
Department of Labor and Workforce Development (DOLWD)
Juneau, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 29.
PALOMA HARBOUR, Director
Division of Administrative Services
Department of Labor and Workforce Development
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 29.
CHARLES L. BRADY, President
Workers' Compensation Committee of Alaska and
Workers' Compensation Manager
Arctic Slope Regional Corporation
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 29.
DAVID HALE
Hale and Associates and
Alaska Independent Insurance Agents and Brokers
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 15.
CONSTANCE LIVSEY, Attorney
Burr Pease & Kurtz
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 29.
CHARLES MCKEE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 29.
ANDREW HEMENWAY, representing himself
Anchorage, Alaska
POSITION STATEMENT: Offered observations and suggestions on SB
29 from his perspective as the former chair of the Workers'
Compensation Appeals Commission.
ACTION NARRATIVE
1:37:59 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:37 p.m. Present at the call to
order were Senators Costello, Wielechowski, Meyer, and Chair
Coghill. Senator Kelly arrived during the course of the meeting.
^Confirmation Hearings
CONFIRMATION HEARINGS
State Board of Parole
Violent Crimes Compensation Board
Select Committee on Legislative Ethics
1:39:20 PM
CHAIR COGHILL announced the first order of business would be
confirmation hearings of governor appointees to boards and
commissions.
He asked Nora Barlow to tell the committee about her interest in
serving on the Violent Crimes Compensation Board.
1:40:19 PM
NORA BARLOW, Appointee, Violent Crimes Compensation Board,
Anchorage, Alaska, said she has been the attorney member of the
board since March 2010. It has been an important part of her
public service to the state. She has a particular interest in
this board because the issues it deals with dovetail with the
work she has done during her legal career representing the
defense bar. She said she has enjoyed the service and would like
to continue for another term. It is an important and worthy
cause.
CHAIR COGHILL asked how cases are prioritized.
MS. BARLOW clarified that one class of victims is not
prioritized over another. The board looks at each case
individually and tries to gather as much information as
possible.
CHAIR COGHILL thanked Ms. Barlow for being willing to serve.
1:42:51 PM
SENATOR KELLY joined the committee.
CHAIR COGHILL asked Deborah Fancher to tell the committee about
her interest in serving on the Select Committee on Legislative
Ethics.
1:46:30 PM
DEBORAH FANCHER, Appointee, Select Committee on Legislative
Ethics, Anchorage, Alaska, said Senator Berta Gardner encouraged
her to put in her name. She is a lifelong Alaskan and a retired
teacher. She has time to serve and believes this would be an
interesting opportunity. She said she is not an attorney, but
Jerry Anderson assured her that was not a criterion.
CHAIR COGHILL thanked Ms. Fancher for being willing to serve.
SENATOR MEYER voiced support for Ms. Fancher.
1:49:32 PM
CHAIR COGHILL asked Joyce Anderson to tell the committee about
her interest in serving on the Select Committee on Legislative
Ethics.
JOYCE ANDERSON, Appointee, Select Committee on Legislative
Ethics, Anchorage, Alaska said she was the administrator for the
committee for 13 years and worked as a consultant for 2 years.
That experience and background will be helpful to the committee.
She submitted her name at the request of several committee
members.
SENATOR COSTELLO voiced support for Ms. Anderson. "I cannot
think of a better person to have on this board."
CHAIR COGHILL said legislators recognize Ms. Anderson's
background and expertise and are open to her comments on the
ethics laws. He thanked her for being willing to serve.
CHAIR COGHILL asked Lee Holmes to tell the committee about his
interest in serving on the Select Committee on Legislative
Ethics.
1:52:39 PM
LEE HOLMES, Appointee, Select Committee on Legislative Ethics,
Anchorage, Alaska, said he is a mechanical engineer who has
lived in Alaska since 1983. He has worked throughout the state
and has served on various social and nonprofit organizations and
committees over the years. He has additional time in his
schedule now and when Senator Berta Gardner told him there was
an opening on the committee, he decided this would be a good way
to give back to the state.
CHAIR COGHILL said he found a wonderful comradery when he served
on the committee as a legislative member. He thanked Mr. Holmes
for being willing to serve.
CHAIR COGHILL asked Jason Wilson to tell the committee about his
interest in serving on the State Board of Parole.
1:56:41 PM
JASON WILSON, Appointee, State Board of Parole, Juneau, Alaska,
said he is Tlingit, Eagle Killer Whale Clan. He is currently in
Anchorage on Parole Board business. He has been serving for the
past year filling a vacant seat. He was asked to apply to serve
another term and is happy to do so.
SENATOR MEYER asked if he has any suggestions on how to keep
Alaska's youth from becoming part of the correction system and
if there are things the board could do to keep that from
happening.
MR. WILSON said it's a difficult question, but he believes that
a lot of it comes down to parenting - the direction and
discipline that is given to children. When he worked at the
Johnson Youth Center, he found there was a real absence of
parents. When that happens, it is more difficult for kids to
learn and understand what it takes to become a productive member
of society. One thing that does help provide guidance for youth
is sports. Coaches can be invaluable in helping youth that
otherwise have little adult presence in their lives.
SENATOR MEYER asked if he has any suggestions for controlling
the opioid epidemic.
MR. WILSON said there isn't an easy answer, but additional
education in schools about how harmful the drug is to one's body
might help deter use. The other piece is diversionary programs.
He expressed hope that funds would be put into diversionary
programs and treatment facilities as set forth in Senate Bill
91. One thing the Parole Board looks at when someone comes up
for parole is whether they have tried to better him/herself and
get treatment.
SENATOR MEYER asked him to explain the professional license
listed in his resume: FAS/FASD 1997.
MR. WILSON explained that one of his duties working at Tlingit &
Haida Central Council was working in the Indian Child Welfare
Act (ICWA) Department. One of the trainings related to fetal
alcohol syndrome (FAS) and fetal alcohol spectrum disorder
(FASD). Someone who has been diagnosed FAS/FASD doesn't look any
different, but they have cognitive disorders and their reactions
and behavior may fall outside the norm. Because alcohol abuse is
so predominant, FAS/FASD is something that plagues Alaska. The
training is very worthwhile.
SENATOR MEYER voiced support for Mr. Wilson.
CHAIR COGHILL commented on Mr. Wilson's comprehensive resume in
criminal justice and thanked him for his service.
CHAIR COGHILL stated that all the appointee names would be
forwarded to the full body for consideration. [This statement
was supplemented at the end of the meeting.]
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:06:43 PM
CHAIR COGHILL announced the consideration of SB 15 and noted his
intent to continue public testimony. He listed the individuals
available to answer questions.
2:07:51 PM
JENNIFER BRANDT, representing herself, Wasilla, Alaska,
testified in support of SB 15. She said that as the mother of a
teenager she is deeply concerned about the rise in teen use of
electronic nicotine devices. It is of particular concern that
the vaping industry appears to target youth in its advertising.
She provided an example and urged the committee to pass the
bill.
2:08:56 PM
ETHAN BRANDT, representing himself, Wasilla, Alaska, testified
in support of SB 15. He said he is 13 years old and he knows
that vaping at a young age makes it more likely the person will
smoke when they are an adult. He concluded saying, "To protect
the future of Alaska, say yes to SB 15."
SENATOR WIELECHOWSKI asked where students in his school get
vaping supplies.
MR. BRANDT said he did not know.
CHAIR COGHILL, noting that the legislative drafter was not
available, asked the sponsor if the language in Section 3
clarifies that electronic smoking products must be purchased
over the counter; it prohibits internet sales, which would
include adults.
2:11:37 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, confirmed that Section 3 says that sales must be
under the control of a sales clerk. He said it could be argued
that in internet sales there is a clerk sitting at a computer
terminal and is in control of transactions. "The vender, say in
Carolina - wherever - would have a reasonable responsibility to
confirm who is making that purchase."
CHAIR COGHILL said he'd like to talk with the drafter about
internet sales.
MR. LAMKIN clarified that the sponsor does not want this
legislation to get into tax questions. The focus of the bill is
limiting youth access to electronic smoking products and
devices. He cited AS 43.50.105 that addresses restrictions on
shipping or transporting cigarettes and opined that internet
sales of electronic smoking products should be addressed in that
section of law. That is outside the scope of the bill.
CHAIR COGHILL pointed out that AS 11.76.106(a) prohibits the
sale of products containing tobacco in areas where the sales
clerk does not control access. That applies to all ages.
MR. LAMKIN said an investigator with the Department of Revenue
is available to answer questions.
2:14:31 PM
SENATOR MEYER asked how age is verified when the sale is
conducted online.
CHAIR COGHILL said cigarettes are not sold online in Alaska
because of the taxation issue.
MR. LAMKIN reiterated that the sponsor is not interested in
addressing taxes in SB 15. "Once we get this basic policy in
place, we can turn, later, to the taxing, including internet
sales."
CHAIR COGHILL said he wanted the committee to be aware that the
bill potentially would prohibit adults from purchasing
electronic products over the internet. He said he did not want
to delay progress on the bill, but that question needs to be
answered. He suggested a solution could be to include permissive
language.
MR. LAMKIN cautioned that introducing that sort of language for
internet sales will compel the Department of Revenue (DOR) to
investigate. That will trigger a fiscal note.
SENATOR COSTELLO asked if the sponsor's intent is to prohibit
internet sales of electronic smoking products in Alaska.
MR. LAMKIN said no, but in the context of prohibiting sales to
youth it would be an acceptable unintended consequence. It is
already illegal in Alaska to purchase cigarettes over the
internet, so it might be reasonable to ask whether the sale of
e-cigarettes should also be prohibited.
2:18:44 PM
CHAIR COGHILL held SB 15 in committee for further consideration.
SB 29-REPEAL WORKERS' COMP APPEALS COMMISSION
2:1229:35 PM
CHAIR COGHILL announced the consideration of SB 29 and stated
his intention to take public testimony. He asked Commissioner
Drygas if the bill has a companion.
2:20:25 PM
HEIDI DRYGAS, Commissioner, Department of Labor and Workforce
Development (DOLWD), Juneau, Alaska, said the House Judiciary
Committee passed a committee substitute (CS) at the request of
the Court System. The changes were technical in nature.
SENATOR MEYER asked if the $443,000 savings reflected in the
fiscal note is a savings to the designated general fund.
COMMISSIONER DRYGAS said that's correct; the money would remain
in the Workers' Safety Compensation Administration Account
(WSCAA). It is a designated general fund account that funds
several of the department's programs for workers' compensation
and occupational safety and health.
SENATOR MEYER observed that this would not have any impact on
the budget.
COMMISSIONER DRYGAS said it should not impact the undesignated
general fund budget, but it will save the state money because
the department will spend $440,000 less. The Court System
submitted a zero fiscal note indicating that it could absorb the
additional caseload. She noted that the WSCAA account is being
drained at a faster rate than it is being replenished due to the
programs the legislature tasked the department to run without
additional funding. The workers' compensation fraud unit is an
example.
SENATOR MEYER commented that this change gives the department
$440,000 to use elsewhere.
COMMISSIONER DRYGAS said that's correct but it must be used for
workers' safety programs. She added, "If we were to deplete our
WSCAA funding, we wouldn't have to augment that funding with
undesignated general fund monies."
SENATOR MEYER asked how the WSCAA account is funded and who pays
for it.
COMMISSIONER DRYGAS deferred budget questions to Paloma Harbour.
2:27:18 PM
PALOMA HARBOUR, Director, Division of Administrative Services,
Department of Labor and Workforce Development, Juneau, Alaska,
explained that funding the Workers' Safety Compensation
Administration Account is part of the workers' compensation
costs for an employer. Payments are based on a percentage of the
workers' compensation premiums written from insurance companies
and self-insured employers. Responding to an additional question
she said that freeing up this money will help the WSCAA fund
last longer.
SENATOR MEYER said he initially thought this would show as a
savings to the overall budget.
SENATOR WIELECHOWSKI pointed out that the costs to run the
commission will go away if appeals are returned to the superior
court. Those monies can then be used for things within the
Department of Labor and Workforce Development (DOLWD) or go back
to the general fund.
MS. HARBOUR said in FY2013 the department moved some of the
workers' safety programs onto unrestricted general funds because
of a fund insufficiency in the WSCAA account. Doing away with
the commission will prevent the department from having to do
that in the future. "We're looking at a three-year cliff before
we're out of balance in this account and unable to support the
other programs."
COMMISSIONER DRYGAS added that when the commission was created
in 2005, the department was required to use existing funds to
stand up that component as well as the fraud unit. It has been a
significant drain on the WSCAA funds.
2:31:44 PM
CHARLES L. BRADY, President, Workers' Compensation Committee of
Alaska; and Workers' Compensation Manager, Arctic Slope Regional
Corporation, Anchorage, Alaska, said he is testifying in
opposition to SB 29 and he submitted written testimony to that
effect on behalf of WCCA in March. The foremost concern is that
returning appeals to the superior court would result in
significant delays. The assumption is that workers' compensation
cases would be given lower priority than all other cases. He
estimated it could take up to 18 months to get a case heard and
that the litigation would be a long, drawn-out process. He
opined that the cases would ultimately end up in the Alaska
Supreme Court.
2:35:03 PM
DAVID HALE, representing Hale and Associates and Alaska
Independent Insurance Agents and Brokers, Anchorage, Alaska,
said he is testifying in opposition to SB 15. He said he has
been in the insurance business for more than 30 years and his
recollection is that before the commission was created the
process was cumbersome for both the employer and the insurance
carrier. He said if the current process satisfies 50 percent of
the cases it's worth keeping. He suggested tweaking the current
process so that 75 percent of the claimants are satisfied. He
predicted that returning the appeals to the superior court would
add costs and time delays to both the carrier and the employer.
The time delay of up to 18 months would also disadvantage the
employee. He concluded saying, "I'd hate to see us go back to
where we were prior to '05."
CHAIR COGHILL asked if he said that part of the workers'
compensation assessment is designated for workers' compensation
issues.
MR. BRADY said yes; the tax on each premium goes to the state.
"That's where this funding comes from for that $440,000."
CHAIR COGHILL commented that that is the designated general fund
Senator Meyer spoke of.
MR. BRADY agreed.
SENATOR MEYER asked how long it takes under the current process
to get a case resolved.
MR. BRADY replied it depends of the availability of the
committee, but it can be one or two months.
2:38:18 PM
CONSTANCE LIVSEY, Attorney, Burr Pease & Kurtz, Anchorage,
Alaska, said she is speaking in opposition to SB 29 and in
support of maintaining the commission. She said she has
practiced workers' compensation law in Alaska since 1988. She
has experience with both the superior court and the appeals
commission process and the latter has far more advantages for
practitioners. Specifically, the advantages are knowledge,
experience, and consistency. The commissioners know this area of
law, whereas superior court judges do not. "This is terra
incognita to them." The results under the former process were
inconsistent and non-precedential and appeals to the Alaska
Supreme Court were much more inevitable.
MS. LIVSEY opined that the projected cost savings in the bill is
an illusion because there will be more appeals to the Alaska
Supreme Court. She noted that Ms. Meade testified in the other
body that this would be an added workload for the superior court
and these cases would not take precedence. She opined that the
precedential value of the appeals commission decisions over time
create a body of law that helps make cases before the board more
predictable, helps employees and employers understand the law,
and has generally brought about a more efficient, economical,
and streamlined adjudication process.
CHAIR COGHILL, noting that superior court decisions do not have
precedential value, asked her to comment of the value
precedence.
MS. LIVSEY said the fact that commission decisions are
precedential adds consistency to the body of law and adds
consistency and predictability to the proceedings at the board
level.
CHAIR COGHILL asked how often there were preemptory challenges
prior to 2005 and if that accounted for the lengthier process.
MS. LIVSEY said she does not recall a lot of preemptory
challenges of judges; the delays were a matter of the workload
and the fact that the cases can be complex.
2:45:56 PM
CHARLES MCKEE, representing himself, Anchorage, Alaska,
testified in opposition to SB 29. He read excerpts of the 10
page document he wrote. He characterized himself as a victim and
debt slave. He asserted that the conversion is unlawful because
it is done without full disclosure.
2:49:39 PM
ANDREW HEMENWAY, representing himself, Anchorage, Alaska,
advised that he is speaking on SB 29 on his own behalf as the
former chair of the Workers' Compensation Appeals Commission. He
noted that the testimony in support of the bill has been based
on the financial benefits and the notion that the commission
decisions tended to favor one party over the other. He suggested
that a possible solution is to place the workers' compensation
appeals in the Office of Administrative Hearings. That body
conducts hearings at the trial level like the Workers'
Compensation Board. It has a good reputation for fairness and
impartiality. That is one way to address the fairness concerns
in the workers' compensation community. He said that can be
addressed in several ways some of which would entail
restructuring the commission. Providing preemptory challenges to
the administrative law judge (ALJ) assigned to the case would
provide an outlet for people who feel that one side or the other
is being favored.
Regarding impacts on the process, he said it is generally
recognized that the court system will not be able handle these
appeals as quickly as the appeals commission. That will have an
impact on all the parties. Also, because it is common for pro se
litigants to appear before the appeals commission, they will
receive more help from staff there than from the superior court.
He said the consistency that was mentioned in previous testimony
is the result of the appeals commission having precedential
value. That is an important aspect that would be lost if the
appeals are returned to superior court. The last point is
regarding the lay commissioners. They are not attorneys, so they
are not as knowledgeable about the arcane intricacies of the
law, but they provide valuable insights and a common sense
approach.
MR. HEMENWAY suggested the legislature consider the alternative
approach of sending the appeals to a forum in the Office of
Administrative Hearings. If the legislature instead decides to
send these appeals back to the superior court, the legislation
should include a provision that gives the decisions of a
superior court judge the same degree of precedential value for
administrative proceedings that the appeals commission has now.
2:55:47 PM
SENATOR COSTELLO asked what percentage of the appeals commission
cases are reversed by the Alaska Supreme Court.
MR. HEMENWAY recalled that of 250 published decisions by the
Alaska Workers' Compensation Appeals Commission, about 100 have
gone to the Alaska Supreme Court. About 30 of those cases were
the subject of an Alaska Supreme Court opinion and about half
were reversed. Initially, the court reversed quite a few of the
appeals commission decisions, but in more recent years they have
been upheld more often than not. He added that the record shows
that when the superior court was the initial appellate body it
had a similar track record; of the cases that were the subject
of a decision, 10-15 percent of the decisions were reversed on
appeal.
2:58:26 PM
SENATOR WIELECHOWSKI asked how many cases the appeals commission
hears each year.
MR. HEMENWAY estimated 15 to 20 per year.
SENATOR WIELECHOWSKI calculated the cost under the current
process. "So, we're doing 15-20 per year and we're paying nearly
$0.5 million for that when the superior court could be doing it
for nothing; and there is roughly a 50 percent reversal rate."
He asked if that's accurate.
MR. HEMENWAY clarified that the reversal rate is calculated on
the total body of decisions. That is about 10-15 percent. Of the
cases that were decided by the Alaska Supreme Court, both the
superior court and the appeals commission were reversed about
half the time. He added that most of the cases are settled or
dismissed before a final decision and in that situation the
appeals commission decision stands.
SENATOR WIELECHOWSKI asked if it's common for administrative law
judges to hear appeals of lower body decisions.
MR. HEMENWAY said no; their function is largely equivalent to
the Workers' Compensation Board.
CHAIR COGHILL held SB 29 in committee for further review.
^Confirmation Hearings
CONFIRMATION HEARINGS
3:00:56 PM
CHAIR COGHILL stated that in accordance with AS 39.05.080 the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration: State Board of Parole - Jason Wilson; Violent
Crimes Compensation Board - Nora Barlow; and Select Committee on
Legislative Ethics - Joyce Anderson, Deborah Fancher, and Lee
Holmes.
He reminded members that signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees,
and that the nominations are merely forwarded to the full
legislature for confirmation or rejection.
3:01:47 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Anderson - Select Committee on Legislative Ethics.pdf |
SJUD 4/5/2017 1:30:00 PM |
|
| Barlow - Violent Crimes Compensation Board.pdf |
SJUD 4/5/2017 1:30:00 PM |
|
| Holmes - Select Committee on Legislative Ethics.pdf |
SJUD 4/5/2017 1:30:00 PM |
|
| Wilson - State Board of Parole.pdf |
SJUD 4/5/2017 1:30:00 PM |
|
| SB 15 - Letter of Support - Mudd.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 15 - Letter of Opposition - McDonald.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 15 - Supporting Document - E-Cigarettes and Public Policy.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 15 - Letter of Opposition - Mapes.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 15 - Supporting Document - FDA Regualtions.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 15 - Letter of Support - Mat-Su Health Foundation.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 15 |
| SB 29 - Letter of Opposition - WCCA.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 29 |
| SB 29 - Letter of Opposition - Floerchinger.pdf |
SJUD 4/5/2017 1:30:00 PM |
SB 29 |