Legislature(2005 - 2006)
2005-05-17 House Journal
Full Journal pdf2005-05-17 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).