Legislature(2017 - 2018)
2018-04-04 House Journal
Full Journal pdf2018-04-04 House Journal Page 3014 HB 38 The following was read the second time: HOUSE BILL NO. 38 "An Act relating to the calculation and payment of workers' compensation benefits in the case of permanent partial impairment; relating to the calculation and payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the calculation and payment of workers' compensation death benefits for an employee without a surviving spouse or child; relating to notice of workers' compensation death benefits; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 3DNP 1NR 1039 FN1: ZERO(LWF) 1040 FN2: (ADM) 1040 FIN RPT CS(FIN) NT 2DP 1NR 7AM 2584 FN3: ZERO(LWF) 2585 2018-04-04 House Journal Page 3015 FN4: (ADM) 2585 FN5: (GOV/VARIOUS DEPTS) 2585 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 38(FIN) "An Act relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to the payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the payment of workers' compensation death benefits for an employee without a surviving spouse or child; relating to notice of workers' compensation death benefits; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Wilson: Page 1, line 1, following "Act" (title amendment): Insert "relating to the exclusiveness of liability of an employer in the case of death;" Page 1, following line 10: Insert a new bill section to read: "* Sec. 2. AS 23.30.055 is repealed and reenacted to read: Sec. 23.30.055. Exclusiveness of liability. (a) The liability of an employer prescribed in AS 23.30.045 is exclusive and in place of all other liability of the employer and any fellow employee to the employee, the employee's legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from the employer or fellow employee at law or in admiralty on account of the injury or death. The liability of the employer is exclusive even if the employee's claim is barred under AS 23.30.022. (b) Notwithstanding (a) of this section, if death results from the injury, the employee's personal representative may elect to claim compensation under this chapter or to maintain an action against the employer at law or in admiralty for damages on account of the death, if 2018-04-04 House Journal Page 3016 (1) an employer fails to secure payment of compensation as required by this chapter; or (2) the death was caused by gross negligence of the employer; it is presumed that the employer acted with gross negligence if the employer violated a federal, state, or local law or regulation. (c) In an action under (b) of this section, the defendant may not plead as a defense that the death was caused by the negligence of a fellow servant, that the employee assumed the risk of the employment, or that the death was due to the contributory negligence of the employee. (d) In this section, "employer" includes, in addition to the meaning given in AS 23.30.395, a person who, under AS 23.30.045(a), is liable or potentially liable for securing payment of compensation." Renumber the following bill sections accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 38(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Johnson, Johnston, Kawasaki, Knopp, Kopp, Millett, Rauscher, Reinbold, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kito, Kreiss-Tomkins, LeDoux, Lincoln, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Tuck, Wool, Zulkosky Excused: Tarr And so, Amendment No. 1 was not adopted. 2018-04-04 House Journal Page 3017 Amendment No. 2 was offered by Representatives Seaton and Josephson: Page 4, line 1: Delete "or" Page 4, following line 1: Insert a new subparagraph to read: "(C) $70,000 divided equally among each surviving parent, if there are more than two surviving parents; or" Reletter the following subparagraph accordingly. Representative Seaton moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Saddler objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 38(FIN) Second Reading Amendment No. 2 YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Ortiz, Parish, Seaton, Spohnholz, Stutes, Thompson, Tuck, Wool, Zulkosky Nays: Birch, Chenault, Eastman, Johnson, Johnston, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Excused: Tarr And so, Amendment No. 2 was adopted. Representative Tuck moved and asked unanimous consent that CSHB 38(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. 2018-04-04 House Journal Page 3018 There was objection. CSHB 38(FIN) am will advance to third reading on tomorrow's calendar.