Legislature(2005 - 2006)

2005-05-09 Senate Journal

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2005-05-09                     Senate Journal                      Page 1501
SB 130                                                                                            
Message dated May 8 was read, stating the House passed 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                                     
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                                  

2005-05-09                     Senate Journal                      Page 1502
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"                                
with the following amendments:                                                                      
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          130(JUD) am H                                                                             
                                                                                                    
and so, 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" (Title change authorized by HCR 19) is returned for                                 
consideration.                                                                                      
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 130(JUD) am H                                                                              
Shall the Senate Concur in the House amendments                                                     
to CSSB 130(FIN) am?                                                                                
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate failed to concur.                                                                

2005-05-09                     Senate Journal                      Page 1503
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments. In the event the                               
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Ben Stevens, Chair                                                                     
     Senator Seekins                                                                                
     Senator Guess