Legislature(2017 - 2018)

2018-04-04 House Journal

Full Journal pdf

2018-04-04                     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.