Legislature(2005 - 2006)BUTROVICH 205

04/28/2006 09:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 12:30 pm --
-- Time Change --
+ SB 169 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Moved CSSB 169(JUD) Out of Committee
+= SB 307 LANDLORD REMEDIES; LATE FEE TELECONFERENCED
Moved CSSB 307(JUD) Out of Committee
+= SB 316 COURT REVIEW OF STRANDED GAS DECISION TELECONFERENCED
Moved CSSB 316(JUD) Out of Committee
+= HB 414 INTERCEPTION OF MINOR'S COMMUNICATIONS TELECONFERENCED
Scheduled But Not Heard
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Scheduled But Not Heard
              SB 169-WORKERS' COMPENSATION RECORDS                                                                          
                                                                                                                                
12:46:21 PM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 169 to be up for consideration.                                                                
                                                                                                                                
SENATOR  GENE THERRIAULT  announced that  committee aide  Heather                                                               
Brakes would explain the basic issues of the bill.                                                                              
                                                                                                                                
SENATOR HOLLIS FRENCH joined the meeting.                                                                                       
                                                                                                                                
HEATHER BRAKES,  Staff to Senator  Therriault, explained  that SB
169  would amend  the workers'  compensation statutes  to clarify                                                               
that  the  Division  of Workers'  Compensation  may  not  release                                                               
personal information  for commercial purposes. The  Department of                                                               
Law has suggested additional language that  is not in the bill as                                                               
of yet but  the sponsor is putting that  together. The additional                                                               
language  would  direct the  Department  of  Labor and  Workforce                                                               
Development to keep the records of injured workers secure.                                                                      
                                                                                                                                
12:50:37 PM                                                                                                                   
PAUL  LISANKIE,  Director,  Division  of  Workers'  Compensation,                                                               
Department of Labor and  Workforce Development (DOLWD), testified                                                               
that SB 169  was a provision that  was in SB 130  and passed last                                                               
year but  was necessary legislation  today due to a  lawsuit that                                                               
received its  opinion two weeks  ago [O'Bryan Baun  Cohen Kuebler                                                               
versus  Paul  F.  Lisankie,  Director  of  Division  of  Workers'                                                               
Compensation,  Department  of  Labor and  Workforce  Development,                                                               
State  of Alaska,  John  Does  1-10, Employees  of  the State  of                                                               
Alaska].                                                                                                                        
                                                                                                                                
MR.  LISANKIE explained  that the  bill would  exempt release  of                                                               
certain individual information of  injured workers that the DOLWD                                                               
requires them  to file  as part of  getting their  benefits. Over                                                               
the years the  DOLWD has seen requests for lists  of every person                                                               
who has filed for workers' compensation in the State of Alaska.                                                                 
                                                                                                                                
12:52:59 PM                                                                                                                   
Information can be used for good  or ill depending on the intent,                                                               
he said. The Department originally  suggested the statute use the                                                               
phrase "for commercial  purposes" so that the  worker wouldn't be                                                               
prevented an avenue  of help in defending their  claim. The court                                                               
opposes that language and so  the Department has an amendment for                                                               
the committee to consider.                                                                                                      
                                                                                                                                
12:56:16 PM                                                                                                                   
SENATOR  FRENCH  asked  whether   the  proposed  amendment  would                                                               
prohibit release of names of employees that work for the state.                                                                 
                                                                                                                                
MR.  LISANKIE said  he believed  that  since it's  linked to  the                                                               
employee   file   maintained   by  the   Division   of   Workers'                                                               
Compensation  that it  would be  limited and  not that  broad. He                                                               
understood  that any  medical  record housed  at  the DOLWD  that                                                               
contained  personal information  would not  be subject  to public                                                               
inspection except as laid out in paragraphs (1-2).                                                                              
                                                                                                                                
CHAIR  SEEKINS  asked  Mr.  Lisankie  whether  he  discussed  the                                                               
amendment with the DOL and  whether it addressed the ambiguity in                                                               
the statute.                                                                                                                    
                                                                                                                                
MR. LISANKIE  said it would  erase the ambiguity relating  to the                                                               
phrase "commercial purposes."                                                                                                   
                                                                                                                                
1:00:24 PM                                                                                                                    
KRIS  NOROSZ, Representative  for Icicle  Seafoods, testified  in                                                               
support of the bill.                                                                                                            
                                                                                                                                
SENATOR  THERRIAULT moved  Amendment  1.  Hearing no  objections,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
SENATOR GRETCHEN GUESS moved CSSB  169(JUD) out of committee with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                

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