HB 488-CLAIMS AGAINST STATE EMPLOYEES CHAIR ANDERSON announced that the next order of business would be HOUSE BILL NO. 488, "An Act relating to actionable claims against state employees; relating to the state's defense and indemnification of its employees and former employees with respect to claims arising out of conduct that is within the scope of employment; amending the Public Employment Relations Act regarding claims against the state or state employees; and providing for an effective date." Number 0392 REPRESENTATIVE DAHLSTROM moved to adopt CSHB 488, Version 23- GH2, 3/30/2004, as the working document. There being no objection, Version 23-GH2, 3/30/2004, was before the committee. Number 0429 GAIL VOIGTLANDER, Chief Assistant Attorney General - Statewide Section Supervisor, Torts and Worker's Compensation Section, Civil Division (Anchorage), Department of Law, explained that when the committee last heard this legislation, March 1, 2004, there were basically two aspects to this legislation. The first was the certification process that converted claims against state employees into claims against the state. The second aspect was to have one standardized statute that addressed the state's obligation for defense and indemnity of state employees when individually sued. The legislation before the committee now removes the second aspect because of objections from the Public Safety Employees Association (PSEA) with regard to differences between the [legislation's] language and the language in PSEA's collective bargaining agreements. Therefore, the legislation before the committee only addresses the first aspect, as described earlier. She noted that the first aspect is in addition to an employee's rights for defense and indemnity that may be included in the collective bargaining agreements. CHAIR ANDERSON recalled that a PSEA representative had concerns with regard to that and wanted to work with Ms. Voigtlander. He also recalled that Senator Bunde made an amendment. He asked if this version is comparable to that Senate change. MS. VOIGTLANDER said the version before the committee is exactly the same [as the Senate companion, CSSB 338(STA)]. The PSEA withdrew its objection to [CSSB 338(STA)], which is reflected in a March 23, 2004, letter from Mr. D'Amico, PSEA, to the chair of the Senate Judiciary Standing Committee. CHAIR ANDERSON opined that CSHB 488 works out the state employees' and the public safety employees' concern, which he said satisfied him. Number 0600 REPRESENTATIVE DAHLSTROM moved to report CSHB 488, 23-GH2, 3/30/2004, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 488(L&C) was reported from the House Labor and Commerce Standing Committee.