Legislature(2005 - 2006)Juneau LIO Conf Rm
02/09/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings || Commissioner, Department of Commerce, Community and Economic Development (dcced) | |
| Workers’ Compensation Appeals Commission | |
| Alaska Labor Relations Agency | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 9, 2006
1:30 p.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Johnny Ellis
Senator Bettye Davis
MEMBERS ABSENT
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
COMMITTEE CALENDAR
Confirmation Hearings
Commissioner, Department of Commerce, Community & Economic
Development - William Noll
CONFIRMATION ADVANCED
Alaska State Board of Public Accountancy - Johnny Floyd, Daniel
J. Rozema, Elaine R. Williamson
CONFIRMATIONS ADVANCED
Alcohol Beverage Control Board - Shirley Gifford
CONFIRMATION ADVANCED
State Board of Registration for Architects, Engineers and Land
Surveyors - Terry Gorlick, Burdett B. Lent, Daniel E. Walsh
CONFIRMATIONS ADVANCED
Board of Chiropractic Examiners - Dr. Gregory M. Culbert, Dr.
Rosemary E. Zimmerman
CONFIRMATIONS ADVANCED
Alaska Labor Relations Agency - Matthew R. McSorley
CONFIRMATION ADVANCED
Board of Certified Real Estate Appraisers - Steven McSwain,
Richard D. Olmstead
CONFIRMATIONS ADVANCED
Real Estate Commission - Timothy J. Worthen
CONFIRMATION ADVANCED
Workers Compensation Appeals Commission - John Giuchici, Kristin
Knudsen, Jim E. Robinson, Marc D. Stemp, Philip E. Ulmer
CONFIRMATIONS ADVANCED
Alaska Workers Compensation Board - Raymond S. Bridges, Stephen
T. Hagedorn, Linda F. Hutchings, David B. Robinson
CONFIRMATIONS ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
WILLIAM NOLL
Anchorage AK
POSITION STATEMENT: Nominee for commissioner of the Department
of Commerce, Community & Economic Development (DCCED).
TIM WORTHEN
Anchorage AK
POSITION STATEMENT: Nominee to the Real Estate Commission.
JOHN GIUCHICI
Anchorage AK
POSITION STATEMENT: Nominee to the Workers Compensation Appeals
Commission.
KRISTIN KNUDSEN
Anchorage AK
POSITION STATEMENT: Nominee to the Workers' Compensation Appeals
Commission.
JIM ROBINSON
Anchorage AK
POSITION STATEMENT: Nominee to the Workers' Compensation Appeals
Commission.
MARC STEMP
Bethel AK
POSITION STATEMENT: Nominee to the Workers' Compensation Appeals
Commission.
PHILIP ULMER
Anchorage AK
POSITION STATEMENT: Nominee to the Workers' Compensation Appeals
Commission.
MATTHEW R. MCSORLEY
Anchorage AK
POSITION STATEMENT: Nominee to the Alaska Labor Relations
Agency.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:30:35 PM. Present were Senator
Johnny Ellis and Chair Con Bunde. He said they would take up
confirmation hearings today.
1:31:53 PM
^CONFIRMATION HEARINGS
^Commissioner, Department of Commerce, Community and Economic
Development (DCCED)
WILLIAM NOLL expressed his anticipation of serving as
commissioner of Department of Commerce, Community and Economic
Development. He already served as deputy commissioner for about
two years. He has lived in Alaska for about 38 years mostly in
the Anchorage area. He has considerable experience in the
private sector in natural resource extraction industries, power
generation, several commercial fishing investments and tourism.
His public experience covers serving as city council member and
mayor of Seward and member of the Board of Directors for the
Alaska Sea Life Center.
SENATOR ELLIS said consumer protection is a big issue for him
and studies indicate that seniors, and the Alaskan population
generally, is targeted by scam artists from across the country.
He asked Mr. Noll what he saw as the interplay between his
duties if he is confirmed and the Attorney General's office on
consumer protection issues.
MR. NOLL replied that the department had also identified that as
an important issue. Mark Davis is the director for the Division
of Banking and Securities and he is a former prosecutor. He was
able to secure federal funding of about $80,000 to $100,000 in
cooperation with the Department of Health and Social Services
(DHSS) and kicked off a senior fraud campaign several weeks ago.
These funds are matched with private funds and he said the
program would be continued.
SENATOR ELLIS said those were good answers and he appreciates
the efforts. He urged Mr. Noll to follow through with the
campaign.
1:37:33 PM
SENATOR ELLIS asked him what his general goals for the
department are, because of the continuing concern about the loss
of some of its community and regional affairs emphasis after
consolidation of the two departments.
1:38:23 PM
MR. NOLL replied that the Alaskan economy is doing very well.
The coal, timber and mining industries are actually paying for
themselves. Fishing and tourism is also moving forward. The
Governor's Chief of Staff, Jim Clark, Jack Phillips from DCCED
and the U.S. Forest Service are collaborating on an MOU to make
a more logical use of the Tongass Forests.
The department's overall 2006 vision includes support of the
commercial fishing industry's efforts at marketing where exports
rose from $1.74 billion in 2004 to $2 billion in 2005. Exports
were at a low of $700 million in the late 90s. He reported that
the Community Development Quota (CDQ) program, which affects 65
communities out West, is also doing well. Since its inception in
1992, communities in the program have received over $700 million
in revenues; they are holding over $400 million in assets and of
those assets, $217 million are in cash. He said, "We are very
proud of that."
The CDQ program translates into 10 percent of the Bering Sea
fishing quota going to local communities that can put that money
to work for them. That 10 percent has been allocated in two or
three-year cycles, but he wants to change that allocation to a
10-year cycle so a CDQ group could invest in a ship or other
capital asset and have a 10-year instead of a three-year
amortization schedule. He also wants to release the spending
authority of the CDQ groups from only fishing related matters to
20 percent non-fishing matters, but still remaining in the
region. This has to be done with transparency so that every
member is aware of how the money is being allocated.
1:44:30 PM
SENATOR DAVIS arrived.
1:45:57 PM
MR. NOLL related how the job centers have been vastly improved
statewide and described the Business Outreach Program, which
acquaints people with resources that are available to set up
small businesses.
MR. NOLL admitted that he heard talk about separating the
commerce and community development back out and treating it as a
separate entity, but he assured the committee that the
department had not lost any of its professionalism. The director
of the Division of Community Advocacy, Mike Black, has 25 years
in state service. That division has 50 people and they spend a
lot of time on community-type activities. They recognize huge
problems in rural Alaska mostly dealing with the end of
municipal revenue sharing and the cost of energy. He was pleased
with projects like Donlin Creek and the Pogo Mine as well as the
CDQ program where people can get jobs.
CHAIR BUNDE asked for a breakdown of CDQ money by community.
MR. NOLL replied that the 65 communities organized 12 years ago
into six groups. Some have only a few communities and some have
more than 20. They have absolutely accurate figures and the
department has a manager for the CDQ program.
CHAIR BUNDE thanked him for his time with the committee and for
his willingness to serve.
1:50:10 PM
^REAL ESTATE COMMISSION
TIM WORTHEN, nominee to the Real Estate Commission, said he has
lived in Alaska since 1981 and he is to fill one of the consumer
positions.
SENATOR ELLIS asked about the nature of some personal
information that was crossed out on his resume', but Mr. Worthen
needed a copy faxed to him before he could comment.
SENATOR ELLIS asked if he spent a lot of time elsewhere for
business reasons, would he be willing to teleconference into
meetings.
MR.WORTHEN replied that he would attend all the meetings even
though he travels a lot.
SENATOR ELLIS referenced a political campaign that Mr. Worthen
lost and remarked that it was an odd thing to put on a resume'
to the Legislature.
MR. WORTHEN explained that was an attempt to provide a clear
picture that he has no hard feelings.
^WORKERS' COMPENSATION APPEALS COMMISSION
1:55:36 PM
JOHN GIUCHICI, Workers' Compensation Appeals Commission (WCAC),
said he has lived for 52 years in Alaska and listed
organizations in which he participates. He has served on the
Workers' Compensation Board for the past 14 years. He understood
that the Goal of the Commission is to speed the appeals process
and have more consistent rulings than have come out of Superior
Court in the past.
1:58:07 PM
KRISTIN KNUDSEN, Chair, Workers' Compensation Appeals Commission
(WCAC), said she has worked with a labor law firm and the
Workers' Compensation Board while in the Attorney General's
Office. The WCAC has only been in existence 11 weeks and in that
time it has been able to get its website up and running;
decisions have already been posted on it. The board has adopted
emergency regulations and the comment period has now expired. It
has set up a quarterly meeting schedule and established contacts
with different training organizations like the International
Association of Industrial Accident Boards and Commissions, the
National Judicial College and, hopefully, the National
Association of Women Judges.
MS. KNUDSEN said she has worked out a docket processes and
identified resources for the commission members, like
communication systems so the members can communicate very easily
back and forth. Members have moved into their permanent offices
even though the furniture is borrowed. At this point in time, 10
appeals and four motions for extraordinary review are on the
docket. Of those, two of the appeals have already been settled.
Of the four motions for extraordinary review, one has settled,
one has been decided and one has a draft circulating. The other
is about to be heard.
SENATOR ELLIS asked if the group elected her or if she was
appointed by the governor.
MS. KNUDSEN replied that she was appointed because of her
experience as an attorney and the position of chair has to be an
attorney admitted to practice in the State of Alaska with at
least five years of experience in the area of Workers'
Compensation. She is the only attorney member on the commission.
SENATOR ELLIS asked her to describe her goals for the commission
and her guiding philosophy.
MS.KNUDSEN replied that workers' compensation is unique because
it is only about 100 years old. Because it is purely statutory,
it is derived entire from the enabling legislation. The members
wish to be careful that they do not step into the realm of the
court in looking at the statutes they are essentially applying.
One of the first goals of the commission is to delineate where
its authority lies.
2:04:12 PM
JIM ROBINSON, Workers' Compensation Appeals Commission nominee,
said he has been in Alaska for 60 years and related his
extensive employment history including representing labor and
management. He has already served on the Workers' Compensation
Board.
SENATOR ELLIS asked what he thought about granting death
benefits through the Workers' compensation system and what his
philosophy is regarding the commission's work.
MR. ROBINSON replied that in the past he had supported $1
million in death benefits, but the present rate is one that can
be dealt with. He said the commission would have to continue to
update regulations according to policies the legislature sets.
He thought the legislature should ask the ad hoc committee to
get back together and work on putting people back to work, safe
work places, and guidelines to positions.
2:09:27 PM
MARC STEMP, nominee to the Workers' Compensation Appeals
Commission, related that he has lived in Alaska for 32 years and
has worked in rural Alaska for 30 years. He has been on the
Workers' Compensation Board since 1971 and he is happy to help
on this ground-breaking commission and views it as a real
challenge.
2:12:30 PM
PHILIP ULMER, nominee to the Workers' Compensation Appeals
Commission, testified that he has been in the safety profession
for 35 years and in workers' compensation management for the
last 15 years. He came to Alaska in 1983. He said that it is
critical to have a system that moves forward and it needs to be
fair, expedient, consistent, and adhere to the Workers'
Compensation Act.
2:19:29 PM
^ALASKA LABOR RELATIONS AGENCY
MATTHEW R. MCSORLEY, nominee to the Alaska Labor Relations
Agency, related how he came to Alaska in 1993 on a basketball
scholarship and became a firefighter. He finished college and
became involved in the labor movement, which has been one of his
passions through the past eight years. He stated that he looks
forward to serving Alaska.
2:20:28 PM
CHAIR BUNDE read the names of appointees not present, but who
had been reviewed, into the record as follows:
^ALASKA STATE BOARD OF PUBLIC ACCOUNTANCY
Johnny Floyd, Daniel J. Rozema, and Elaine R. Williamson
^ALCOHOL BEVERAGE CONTROL BOARD
Shirley Gifford
^BOARD OF REGISTERED ARCHITECTS, ENGINEERS AND LAND SURVEYORS
Terry Gorlick, Burdett B. Lent, and Daniel E. Walsh
^BOARD OF CHIROPRACTIC EXAMINERS
Dr. Gregory M. Culbert, and Dr. Rosemary E. Zimmerman
^BOARD OF CERTIFIED REAL ESTATE APPRAISERS
Steven McSwain, Richard D. Olmstead
^ALASKA WORKERS' COMPENSATION BOARD
Raymond S. Bridges, Stephen T. Hagedorn, Linda F. Hutchings, and
David B. Robinson
CHAIR BUNDE announced that all the names would be moved
forwarded, but that is not a commitment and doesn't reflect any
intent by any member to vote for or against any of the
appointees in future floor sessions. There were no objections.
There being no further business to come before the committee, he
adjourned the meeting at 2:22:57 PM.
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