Legislature(2005 - 2006)
2005-05-08 House Journal
Full Journal pdf2005-05-08 House Journal Page 1767 SB 130 The following, which was held in third reading from the May 7, 2005, calendar (page 1716), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) "An Act relating to workers' compensation and to assigned risk pools; relating to the Alaska Insurance Guaranty Association; establishing the Task Force on Workers' Compensation; amending Rule 45, Alaska Rules of Civil Procedure; and providing for an effective date." Representative Rokeberg moved and asked unanimous consent that HCS CSSB 130(JUD) be returned to second reading for the specific purpose of considering Amendment No. 3. Representative Croft objected and withdrew the objection. There being no further objection, HCS CSSB 130(JUD) was returned to second reading. Amendment No. 3 was offered by Representative Rokeberg: Page 30, line 28 through Page 32, line 2: Delete all material and insert: "* Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to read: TASK FORCE ON WORKERS' COMPENSATION. (a) There is established in the legislative branch the Task Force on Workers' Compensation to address the improvement of the Alaska workers' compensation system, including (1) a review of workers' compensation and insurance reform measures throughout the United States and an assessment of the effects of those reforms; (2) an analysis and assessment of proposals for workers' compensation and workers' compensation liability insurance reform in Alaska; (3) a review of current Alaskan workers' compensation benefits and costs and an assessment of needed changes; (4) a review of compliance with current Alaska workers' 2005-05-08 House Journal Page 1768 compensation laws; (5) a consideration of other issues determined to be relevant by members of the task force. (b) The task force established under (a) of the section shall consist of 11 voting members. One member shall be a state senator appointed by the president of the senate, one member shall be a state representative appointed by the speaker of the house of representatives, and one member shall be a member of the minority in either house jointly selected by the president of the senate and the speaker of the house of representatives. Eight members shall be appointed jointly by the president of the senate and speaker of the house of representatives as follows: (1) a representative of the Alaska State Medical Association; (2) an attorney who represents employees in workers' compensation cases; (3) an attorney who represents employers in workers' compensation cases; (4) a representative of the insurance industry that provides workers' compensation insurance; (5) a representative from organized labor; (6) a person representing employees not represented by organized labor; (7) a person representing small businesses; and (8) a person representing larger businesses. (9) a representative of the Alaska State Hospital and Nursing Home Association; and (10) a representative of self-insured employers." Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative LeDoux objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 130(JUD) Second Reading Amendment No. 3 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 2005-05-08 House Journal Page 1769 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Holm, Kelly, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, LeDoux, Lynn, Moses, Salmon Coghill changed from "Nay" to "Yea". And so, Amendment No. 3 was not adopted. Representative Anderson moved and asked unanimous consent that HCS CSSB 130(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 (page 1714) was again offered by Representative Anderson: Page 14, line 19, following "committee": Insert "and an independent organization expert in matters involving the appropriateness, necessity, and cost of medical and related services provided under this chapter" Page 14, line 30, following "AS 09.55.560,": Insert "one of whom is a representative of the Alaska State Medical Association and one of whom is a representative of the Alaska State Hospital and Nursing Home Association," Page 31, line 16: Delete "13" Insert "15" Page 31, line 20; Delete "Ten" Insert "Twelve" Page 31, line 31: Delete "and" 2005-05-08 House Journal Page 1770 Page 32, line 2: Delete"." Insert ";" Page 32, following line 2: Insert new paragraphs to read: "(9) a representative of the Alaska State Hospital and Nursing Home Association; and (10) a representative of self-insured employers." Page 33, line 20, following "AS 23.30.095(j)": Insert "as amended by this Act" Page 33, line 22; Delete "September 30, 2005" Insert "August 1, 2006" Page 33, line 24, following "AS 23.30.095(j)": Insert "as amended by this Act" Page 33, line 27: Delete "December 1, 2005" Insert "August 1, 2006" Representative Anderson moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Amendment No. 1 to Amendment No. 1 was offered by Representative Anderson: Delete "Page 33, line 27: Delete "December 1, 2005" Insert "August 1, 2006"" Representative Anderson moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. There being no objection, it was so ordered. 2005-05-08 House Journal Page 1771 Amendment No. 2 to Amendment No. 1 as amended was offered by Representative Anderson: Delete "Page 14, line 19, following "committee": Insert "and an independent organization expert in matters involving the appropriateness, necessity, and cost of medical and related services provided under this chapter"" Representative Anderson moved and asked unanimous consent that Amendment No. 2 to Amendment No. 1 as amended be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 1 as amended was adopted. Representative Anderson moved and asked unanimous consent that HCS CSSB 130(JUD) am H be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Anderson: Page 33, line 21, following "benefits": Insert "." Page 33, line 21, following "benefits.", through line 23: Delete all material. Representative Anderson moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Gruenberg objected and withdrew the objection. There being no further objection, Amendment No. 4 was adopted. Representative Kott moved and asked unanimous consent that HCS CSSB 130(JUD) am H be returned to second reading for the specific purpose of considering Amendment No. 5 (technical). There being no objection, it was so ordered. 2005-05-08 House Journal Page 1772 Amendment No. 5 (technical) was offered by Representative Kott: Page 21, line 4: Delete "is had" Insert "[IS HAD]" Representative Kott moved and asked unanimous consent that Amendment No. 5 (technical) be adopted. There being no objection, it was so ordered. Representative Kohring moved and asked unanimous consent that HCS CSSB 130(JUD) am H be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 3 (page 1768). There being no objection, it was so ordered. Representative Kohring moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 3. There was objection. Representative Kohring moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Kott moved and asked unanimous consent that HCS CSSB 130(JUD) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Kott: Page 31, line 24: Delete all material and insert: "(2) a representative of the public;" Representative Kott moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. HCS CSSB 130(JUD) am H was automatically in third reading. 2005-05-08 House Journal Page 1773 The question being: "Shall HCS CSSB 130(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 130(JUD) am H Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Anderson, Kelly, Kohring, Rokeberg And so, HCS CSSB 130(JUD) am H passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Kott gave notice of reconsideration of the vote on HCS CSSB 130(JUD) am H.