Legislature(2003 - 2004)

2004-05-04 House Journal

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2004-05-04                     House Journal                      Page 3798
SB 323                                                                                            
The following, which was advanced to third reading from the May 3,                                  
2004, calendar (page 3766), was read the third time:                                                
                                                                                                    

2004-05-04                     House Journal                      Page 3799
    CS FOR SENATE BILL NO. 323(JUD) am                                                              
    "An Act relating to a subcontractor's, contractor's, and project                                
    owner's liability for workers' compensation, to sole proprietors                                
    and partnerships without employees, and managers or managing                                    
    members of limited liability companies, and to the exclusiveness                                
    of liability for workers' compensation."                                                        
                                                                                                    
Representative Harris moved and asked unanimous consent that CSSB
323(JUD) am be returned to second reading for the specific purpose of                               
considering Amendment No. 1.                                                                        
                                                                                                    
Representative Holm objected and withdrew the objection.  There                                     
being no further objection, CSSB 323(JUD) am was returned to                                        
second reading.                                                                                     
                                                                                                    
Amendment No. 1 was offered  by Representatives Harris and Croft:                                    
                                                                                                    
Page 2, line 14, following "subcontractor":                                                         
 Insert "that has secured the payment of compensation for its own                                   
employees as required by (a) of this section"                                                       
                                                                                                    
Page 2, line 26:                                                                                    
 Delete "not"                                                                                       
                                                                                                    
Page 2, line 28, following "death.":                                                                
 Insert  "However, the project owner, contractor, or subcontractor,                                 
or an insurer of the project owner, contractor, or subcontractor who                                
has paid any amount of compensation on behalf of a sole proprietor,                                 
member of a partnership, or manager or managing member of a                                         
limited liability company under this subsection, has a cause of action                              
to recover any amounts paid."                                                                       
                                                                                                    
Page 3, following line 15:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 6.  AS 23.30.055 is amended by adding a new subsection to                                 
read:                                                                                               
     (b)  Notwithstanding (a) of this section, a sole proprietor,                                   
    member of a partnership, or manager or managing member of a                                     
    limited liability company may maintain an action under                                          
    AS 23.30.045(h)."                                                                               
                                                                                                    

2004-05-04                     House Journal                      Page 3800
Representative Harris moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 323(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  21   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Harris, Heinze, Joule, Kapsner, Kerttula,                                    
Kookesh, Lynn, Morgan, Weyhrauch, Wolf                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Hawker,                                    
Holm, Kohring, Kott, Masek, McGuire, Meyer, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Seaton moved and asked unanimous consent that he be                                  
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Seaton was required to vote.                                
                                                                                                    
Representative Kott declared a conflict of interest.                                                
                                                                                                    
Representative Anderson placed a call of the House.  The call was                                   
satisfied.                                                                                          
                                                                                                    
Representative Chenault moved and asked unanimous consent that he                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Chenault was required to                                    
vote.                                                                                               
                                                                                                    
Representative Anderson lifted the call.