Legislature(2005 - 2006)
2005-05-22 House Journal
Full Journal pdf2005-05-22 House Journal Page 2084 SB 130 Representative Coghill moved and asked unanimous consent that the House consider the Free Conference Committee report (page 2083) 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' 2005-05-22 House Journal Page 2085 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 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 placed a call of the House. 2005-05-22 House Journal Page 2086 The call was satisfied. Representative Coghill moved that the House adopt the Free Conference Committee report, thus adopting FCCS SB 130 and recommended that the members vote yes. The question being: "Shall the House adopt the Free Conference Committee report?" The roll was taken with the following result: FCCS SB 130 Adopt YEAS: 25 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kerttula, Lynn, Salmon Excused: Kapsner, Kott LeDoux changed from "Nay" to "Yea". McGuire changed from "Nay" to "Yea". And so, the House adopted the Free Conference Committee report, thus adopting: FREE 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." Representative Coghill moved the effective date clauses. Representative Berkowitz objected. Representative Berkowitz moved and asked unanimous consent that the question be divided. 2005-05-22 House Journal Page 2087 The Speaker ruled that the question was divisible. There being no objection, the question of the effective date clauses was divided. Representative Coghill moved that the effective date clause in Sec. 84 for Sections 34 and 77 be adopted. The question being: "Shall the effective date clause in Sec. 84 for Sections 34 and 77 be adopted?" The roll was taken with the following result: FCCS SB 130 Adopt Effective Date/Sec. 84/Sections 34, 77 YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kapsner, Kott And so, the effective date clause in Sec. 84 for Sections 34 and 77 was adopted. Representative Coghill moved that the effective date clause in Sec. 84 for Section 81(a) be adopted. The question being: "Shall the effective date clause in Sec. 84 for Section 81(a) be adopted?" The roll was taken with the following result: FCCS SB 130 Adopt Effective Date/Sec. 84/Section 81(a) YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 2005-05-22 House Journal Page 2088 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kerttula, Salmon Excused: Kapsner, Kott And so, lacking the necessary 27 votes, the effective date clause in Sec. 84 for Section 81(a) was not adopted. Representative Coghill moved that the effective date clause in Sec. 85 be adopted. The question being: "Shall the effective date clause in Sec. 85 be adopted?" The roll was taken with the following result: FCCS SB 130(efd pfld H) Adopt Effective Date/Sec. 85 YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kapsner, Kott And so, the effective date clause in Sec. 85 was adopted. Representative Coghill moved that the effective date clause in Sec. 86 be adopted. The question being: "Shall the effective date clause in Sec. 86 be adopted?" The roll was taken with the following result: 2005-05-22 House Journal Page 2089 FCCS SB 130(efd pfld H) Adopt Effective Date/Sec. 86 YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Hawker, Holm, Kelly, Kohring, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Harris, Joule, Kerttula, Lynn, Salmon Excused: Kapsner, Kott And so, lacking the necessary 27 votes, the effective date clause in Sec. 86 was not adopted. Representative Coghill moved the court rule change. The question being: "Shall the court rule change be adopted?" The roll was taken with the following result: FCCS SB 130(efd pfld H) Adopt Court Rule YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster, Gardner, Gatto, Harris, Hawker, Holm, Kelly, Kohring, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Cissna, Crawford, Gara, Gruenberg, Guttenberg, Joule, Kerttula Excused: Kapsner, Kott And so, the court rule change was adopted. The Chief Clerk notified the Senate. 2005-05-22 House Journal Page 2090 FCCS SB 130(efd pfld H) was referred to the Chief Clerk for engrossment.