Legislature(2007 - 2008)BELTZ 211

04/26/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND TELECONFERENCED
Heard & Held
+ HB 121 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 140 LEAVE FOR BONE MARROW DONATIONS TELECONFERENCED
Moved CSSB 140(L&C) Out of Committee
+= SB 102 MORTGAGE LENDING TELECONFERENCED
Moved CSSB 102(L&C) Out of Committee
+= SB 28 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Heard & Held
         CSHB 121(L&C)am-WORKERS' COMPENSATION RECORDS                                                                      
                                                                                                                              
2:58:45 PM                                                                                                                    
CHAIR   ELLIS   announced   CSHB   121(L&C)am  to   be   up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
CLIFF  STONE, staff  to Representative  Peggy Wilson,  sponsor of                                                               
CSHB 121(L&C)am, said this bill  is important because it protects                                                               
private information that anyone can  now call up the Division and                                                               
Workers'  Compensation   and  get  -  names,   addresses,  social                                                               
security numbers, Email numbers and phone numbers.                                                                              
                                                                                                                                
3:01:27 PM                                                                                                                    
CHAIR ELLIS  asked Mr. Lisankie  to relate  how the state  lost a                                                               
court case and why that inspired this legislation.                                                                              
                                                                                                                                
PAUL  LISANKIE,  Director,  Division  of  Workers'  Compensation,                                                               
Department of  Labor and  Workforce Development  (DOLWD), replied                                                               
that about two years ago  due to concerns about information being                                                               
requested from  the division,  legislation was  passed indicating                                                               
one could  get workers' compensation information  for purposes of                                                               
determining liabilities  and rights  under the  act, but  not for                                                               
commercial purposes  unrelated to the Workers'  Compensation Act.                                                               
Some requests  for information were  denied and the  division was                                                               
sued  under  Public Records  Act  by  a  law firm  from  Detroit,                                                               
Michigan. It  was heard by the  Superior Court in Juneau  and the                                                               
division lost.  Existing language  became restricted in  scope by                                                               
the court order, which was not appealed.                                                                                        
                                                                                                                                
3:03:55 PM                                                                                                                    
CHAIR ELLIS asked  if someone could speak to  the $292,000 fiscal                                                               
note.                                                                                                                           
                                                                                                                                
3:04:31 PM                                                                                                                    
MR. LISANKIE replied that he  could and explained that originally                                                               
all  the personally  identifying information  in his  records was                                                               
going to be banned from disclosure.  He decided that he would not                                                               
require additional staff,  but now with the  amendment they would                                                               
have to  go through  and manually  black out  certain information                                                               
like social security numbers on a  case by case basis. That would                                                               
require extra staff.                                                                                                            
                                                                                                                                
CHAIR ELLIS  asked if he was  talking about hard copy  as opposed                                                               
to electronic information.                                                                                                      
                                                                                                                                
3:05:30 PM                                                                                                                    
MR.  LISANKIE  replied  there  are   both  paper  and  electronic                                                               
records. He gets many requests for hard copies.                                                                                 
                                                                                                                                
CHAIR  ELLIS  wanted   to  know  what  was  real   and  what  was                                                               
speculative in information requests. There  is the issue of a law                                                               
firm  requesting  records to  presumably  contact  people in  the                                                               
industry  over a  workers' compensation  claim  and employers  in                                                               
Alaska asking  for this  information to  possibly use  against or                                                               
blackball  a  perspective  employee  based on  past  findings  of                                                               
workers' compensation claims.                                                                                                   
                                                                                                                                
3:07:12 PM                                                                                                                    
MR.  LISANKIE replied  that he  often  gets requests  (frequently                                                               
from out-of-state)  from employee screening companies  wanting to                                                               
know if a  Mr. Jones, for instance, has reported  any injuries in                                                               
the state of Alaska. They  bundle this information to either sell                                                               
or to help  a company with its hiring process.  He said in Alaska                                                               
it  is illegal  to  discriminate against  someone  for filing  or                                                               
receiving workers' compensation. The  remedy, though, is a damage                                                               
suit  in civil  court. He  added that  the requests  also include                                                               
information  about employers  and when  their insurance  policies                                                               
ran  out.  So  he  thought that  information  was  for  insurance                                                               
companies.                                                                                                                      
                                                                                                                                
CHAIR ELLIS  thanked Mr. Lisankie and  said HB 121 would  be held                                                               
over.                                                                                                                           
                                                                                                                                

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