Legislature(2005 - 2006)

2005-05-17 House Journal

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2005-05-17                     House Journal                      Page 2042
SB 130                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report (page 1991) on the following, which is under                                      
Unfinished Business:                                                                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H                                               
    "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."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 130(FIN) am                                                              
    "An Act relating to a special deposit for workers' compensation                                 
    and employers' liability insurers; relating to assigned risk pools;                             
    relating to workers' compensation insurers; stating the intent of the                           
    legislature, and setting out limitations, concerning the                                        
    interpretation, construction, and implementation of workers'                                    
    compensation laws; relating to the Alaska Workers' Compensation                                 
    Board; assigning certain Alaska Workers' Compensation Board                                     
    functions to the division of workers' compensation in the                                       
    Department of Labor and Workforce Development and to that                                       
    department, and authorizing the board to delegate administrative                                
    and enforcement duties to the division; providing for workers'                                  
    compensation hearing officers in workers' compensation                                          
    proceedings; establishing a Workers' Compensation Appeals                                       
    Commission; relating to workers' compensation medical benefits                                  
    and to charges for and payment of fees for the medical benefits;                                
    relating to agreements that discharge workers' compensation                                     
    liability; relating to workers' compensation awards; relating to                                
    reemployment benefits and job dislocation benefits; relating to                                 

2005-05-17                     House Journal                      Page 2043
    coordination of workers' compensation and certain disability                                    
    benefits; relating to division of workers' compensation records;                                
    relating to release of treatment records; relating to an employer's                             
    failure to insure and keep insured or provide security; providing                               
    for appeals from compensation orders; relating to workers'                                      
    compensation proceedings; providing for supreme court                                           
    jurisdiction of appeals from the Workers' Compensation Appeals                                  
    Commission; providing for a maximum amount for the cost-of-                                     
    living adjustment for workers' compensation benefits; relating to                               
    attorney fees with respect to workers' compensation; providing for                              
    the department to enter into contracts with nonprofit organizations                             
    to provide information services and legal representation to injured                             
    employees; providing for administrative penalties for employers                                 
    uninsured or without adequate security for workers' compensation;                               
    relating to fraudulent acts or false or misleading statements in                                
    workers' compensation and penalties for the acts or statements;                                 
    providing for members of a limited liability company to be                                      
    included as an employee for purposes of workers' compensation;                                  
    establishing a workers' compensation benefits guaranty fund;                                    
    making conforming amendments; providing for a study and report                                  
    by the medical services review committee; establishing the Task                                 
    Force on Workers' Compensation; and providing for an effective                                  
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS SB 130.                                                                                
                                                                                                    
Representative Kelly placed a call of the House.                                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS SB 130                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  

2005-05-17                     House Journal                      Page 2044
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker,                                  
Holm, Kelly, Kohring, Meyer, Moses, Neuman, Olson, Ramras,                                          
Rokeberg, Samuels, Seaton, Stoltze, Thomas                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott,                                     
LeDoux, Lynn, McGuire, Salmon, Weyhrauch, Wilson                                                    
                                                                                                    
Salmon changed from "Yea" to "Nay".                                                                 
Gatto changed from "Nay" to "Yea".                                                                  
                                                                                                    
And so, the House failed to adopt the Conference Committee with                                     
limited powers of free conference report, thus failing to adopt:                                    
                                                                                                    
    CONFERENCE CS FOR SENATE BILL NO. 130                                                           
    "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."                                                                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (Senate journal page 1633).