2003-03-06                     Senate Journal                      Page 0410
than a modest daily maintenance stipend) - avoiding controversy,                                    
delays, and the extra costs inherent in protracted civil litigation. A                              
single employee's constitutional challenge resulted in the Supreme                                  
Court decision (Brown v. State & Div. Of Marine Highway Systems                                     
(8/30/91) which precludes this practice under current law (unless new                               
legislation is enacted.)                                                                            
                                                                                                    
Legal arguments over liability and the subjective nature of non-                                    
economic damages provided under maritime law generate greater                                       
claims adjudication costs and significantly greater compensation                                    
awards to injured employees. The cost to the state for the claims of                                
these employees is nearly 75% higher than the cost related to claims of                             
other state employees covered by workers' compensation. Litigation                                  
expenses and defense costs presently incurred defending the Alaska                                  
Marine Highway System (AMHS) and other agency maritime                                              
employee claims will be significantly reduced by this legislation.                                  
                                                                                                    
The proposed legislation would limit the remedy for work injuries                                   
incurred by the state-employed seaman to those benefits provided all                                
other employees under the Alaska Workers' Compensation Act.                                         
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 121                                                                                            
SENATE BILL NO. 121 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                  "An Act relating to community schools; and                                       
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.