Legislature(2005 - 2006)

2005-05-13 Senate Journal

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2005-05-13                     Senate Journal                      Page 1631
SB 130                                                                                            
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering 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                               

2005-05-13                     Senate Journal                      Page 1632
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"                                
                                                                                                    
and                                                                                                 
                                                                                                    
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" requests                             
limited powers of free conference on the following specific points:                                 
                                                                                                    
CS FOR SENATE BILL NO. 130(FIN) am                                                                  
Sec. 1, Sec. 2, Sec. 3, Sec. 5, Sec. 6, Sec. 8, Sec. 9, Sec. 10, Sec. 14,                           
Sec. 15, Sec. 17, Sec. 18, Sec. 21, Sec. 23, Sec. 24, Sec. 25, Sec. 26,                             
Sec. 27, Sec. 29, Sec. 31, Sec. 32, Sec. 33, Sec. 37, Sec. 40, Sec. 41,                             
Sec. 42, Sec. 44, Sec. 45, Sec. 46, Sec. 47, Sec. 49, Sec. 51, Sec. 52,                             
Sec. 54, Sec. 55, Sec. 57, Sec. 58, Sec. 59, Sec. 60                                                
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H                                                   
Sec. 1, Sec. 3, Sec. 5, Sec. 6, Sec. 7, Sec. 8, Sec. 9, Sec. 10, Sec. 11,                           
Sec. 16, Sec. 17, Sec. 20, Sec. 21, Sec. 22, Sec. 23, Sec. 24, Sec. 25,                             
Sec. 26,  Sec. 28,  Sec. 29,  Sec. 30,  Sec. 31, Sec. 32, Sec. 34, Sec. 36,                         
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1633
Sec. 37, Sec. 38, Sec. 39, Sec. 40, Sec. 41, Sec. 42, Sec. 43, Sec. 44,                             
Sec. 45, Sec. 46, Sec. 49, Sec. 51, Sec. 54, Sec. 55, Sec. 56, Sec. 58,                             
Sec. 59, Sec. 61, Sec. 63, Sec. 64, Sec. 65, Sec. 68, Sec. 69, Sec. 70,                             
Sec. 71, Sec. 72                                                                                    
                                                                                                    
The detailed report of specific points is on file in the Senate                                     
Secretary's Office.                                                                                 
                                                                                                    
Signing the report: Senator Ben Stevens, Chair, Senators Seekins,                                   
Guess; Representatives Harris, Coghill, Guttenberg                                                  
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 130                                                                                            
The following report was received and distributed at 5:20 p.m.,                                     
May 13:                                                                                             
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee with limited powers of free conference                                     
considered 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                                     

2005-05-13                     Senate Journal                      Page 1634
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"                                
                                                                                                    
and                                                                                                 
                                                                                                    
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                                  
recommends                                                                                          
                                                                                                    
             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                               
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1635
                  Workers' Compensation; amending Rule 45, Alaska                                  
                   Rules of Civil Procedure; and providing for an                                  
             effective date."                                                                       
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Ben Stevens, Chair, Senator Seekins;                                    
Representatives Harris, Coghill                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 14, Alaska Court System                                                            
 Fiscal Note No. 15, Department of Labor and Workforce                                              
        Development                                                                                 
      Fiscal Note No. 16, indeterminate, Office of the Governor                                     
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR SENATE BILL                                                   
NO. 130.                                                                                            
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on 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 roll was taken with the following result:                                     
                                                                                                    
CCS SB 130                                                                                          
Adopt Conference Committee Report?                                                                  
                                                                                                    
YEAS:  11   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Ellis, Elton, Guess, Hoffman, Kookesh, Olson                                                 
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved for the adoption of the Court Rule                                       
change.                                                                                             

2005-05-13                     Senate Journal                      Page 1636
The question being: "Shall the Court Rule change be adopted?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
CCS SB 130                                                                                          
Adopt Court Rule change?                                                                            
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the Court Rule change was adopted.                                                          
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CCS SB 130                                                                                          
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.