Legislature(2021 - 2022)BARNES 124

03/17/2021 05:45 PM LABOR & COMMERCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
-- Teleconference <Listen Only> --
+= HB 100 EXTEND WORKFORCE INVEST BOARD ALLOCATIONS TELECONFERENCED
Moved HB 100 Out of Committee
-- Public Testimony --
*+ HB 133 AK ED SAVINGS PROGRAMS/ELIGIBILITY TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
*+ HB 121 EDUC.TAX CREDIT: EMPLOYER CHILD CARE COST TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 45 WORKERS' COMP. AND CONTAGIOUS DISEASES TELECONFERENCED
Moved CSHB 45(L&C) Out of Committee
**Streamed live on AKL.tv**
          HB 45-WORKERS' COMP. AND CONTAGIOUS DISEASES                                                                      
                                                                                                                                
7:08:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS announced  that the next order  of business would                                                               
be  HOUSE  BILL  NO.  45,  "An Act  relating  to  presumption  of                                                               
compensability  for  workers'   compensation  claims  related  to                                                               
contagious diseases; and providing for an effective date."                                                                      
                                                                                                                                
7:09:09 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 7:09 p.m. to 7:12 p.m.                                                                       
                                                                                                                                
7:12:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE moved  to  adopt  the proposed  committee                                                               
substitute (CS)  for HB 45,  Version 32-LS0304\I,  Marx, 3/16/21,                                                               
as a working document.                                                                                                          
                                                                                                                                
7:12:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN objected.                                                                                                
                                                                                                                                
7:12:48 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Spohnholz, Fields,                                                               
Schrage, and Snyder voted in favor  of adopting the CS for HB 45,                                                               
Version  32-LS0304\I,  Marx,  3/16/21,  as  a  working  document.                                                               
Representatives Nelson,  Kaufman, and  McCarty voted  against it.                                                               
Therefore, by  a vote of  4-3, the CS for  HB 45, Version  I, was                                                               
before  the House  Labor  and Commerce  Standing  Committee as  a                                                               
working document.                                                                                                               
                                                                                                                                
7:13:57 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
7:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON  asked Representative Josephson  to explain                                                               
the  current workers'  compensation  pathways.   He  asked how  a                                                               
worker is meant  to explain what happened to  necessitate a claim                                                               
and  how  a worker  would  move  through  the process  to  obtain                                                               
compensation.                                                                                                                   
                                                                                                                                
7:15:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY  JOSEPHSON,  Alaska  State  Legislature,  as                                                               
prime sponsor of HB 45, responded  that there is a report of harm                                                               
that gets  filed within 30  days of the incident.   If it  is not                                                               
filed, the injured employee could file it administratively.                                                                     
                                                                                                                                
REPRESENTATIVE  NELSON asked  about the  infectiousness of  "this                                                               
disease"   and  if   [infections]  were   attributable  to   work                                                               
conditions.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON  responded that  it is  attributable not                                                               
in the  same way  that a trade  injury would be,  but that  it is                                                               
still attributable.   He explained that the idea  behind the bill                                                               
is that  there are essential  workers that have  been identified,                                                               
which  is  a policy  call,  and  these  workers are  "out  there"                                                               
working because of the essential nature  of the work.  The theory                                                               
is  that these  workers are  subject to  more exposure  than "the                                                               
rest of us."                                                                                                                    
                                                                                                                                
7:17:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN asked why the fiscal note would be zero.                                                                 
                                                                                                                                
REPRESENTATIVE JOSEPHSON  responded that the fiscal  note is zero                                                               
because it represents "one agency  speaking about what it knows,"                                                               
and in this case, the agency  is the Department of Revenue (DOR).                                                               
He deferred the question to his  staff, and asked if DOR used the                                                               
term "indeterminate" when referencing the DOR fiscal note.                                                                      
                                                                                                                                
7:18:07 PM                                                                                                                    
                                                                                                                                
ELISE  SORUM-BIRK, Staff,  Representative Andy  Josephson, Alaska                                                               
State Legislature,  on behalf of Representative  Josephson, prime                                                               
sponsor of  HB 45, responded  that the only fiscal  note attached                                                               
is the  one from DOR,  though it is  possible that there  will be                                                               
more  from  the  Department   of  Administration,  Department  of                                                               
Corrections, or Department of  Transportation & Public Facilities                                                               
(DOTPF).                                                                                                                        
                                                                                                                                
7:18:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   NELSON   noted   the  complexity   of   workers'                                                               
compensation.   He shared his  understanding that  currently, the                                                               
employee has  to prove that the  employer did not provide  a safe                                                               
working environment  to receive  workers' compensation.   If this                                                               
bill were to  pass, he shared his understanding  that an employee                                                               
would simply have  to prove employment at a  workplace during the                                                               
time  the  employee contracted  the  infection  and the  employee                                                               
would receive compensation.  He asked if this is correct.                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  responded  that  the  second  part  of                                                               
Representative Nelson's statement is  correct, and the first part                                                               
is  less so.   He  explained  that currently,  employees are  not                                                               
required to prove that working  conditions were unsafe to receive                                                               
compensation.   It is a  "no fault" system and  accidents happen,                                                               
he said.   Regarding the  second part of  Representative Nelson's                                                               
question,  he stated  that  it  is correct  that  a worker  would                                                               
simply have to  prove employment during the time  of infection to                                                               
receive  compensation   under  the  proposed  legislation.     He                                                               
explained that this would be sufficient to create a burden.                                                                     
                                                                                                                                
REPRESENTATIVE  NELSON asked  if that  proof is  all an  employee                                                               
would need.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON responded yes.                                                                                         
                                                                                                                                
7:20:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SCHRAGE  offered his  understanding that  the bill                                                               
would be  relevant only during  a time  when a disaster  has been                                                               
declared.    He said  that  the  bill  would simply  supply  some                                                               
benefit  of  the  doubt  to  an  employee  who  is  providing  an                                                               
essential  service during  a disaster.   He  asked Representative                                                               
Josephson if his understanding is correct.                                                                                      
                                                                                                                                
REPRESENTATIVE JOSEPHSON responded that is correct.                                                                             
                                                                                                                                
7:20:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY asked  Representative Josephson whether he                                                               
has "any  numbers as to what  ends up in liability  lawsuits" and                                                               
whether  this  could  cause  a  rise  in  potential  lawsuits  to                                                               
employers.                                                                                                                      
                                                                                                                                
REPRESENTATIVE JOSEPHSON  responded that there's  no potentiality                                                               
for  that because  an employer  cannot sue  in a  personal injury                                                               
action,  or "tort".    The  only exception  to  this  would be  a                                                               
situation  where there's  third  party liability,  he  said.   He                                                               
shared  that the  whole  system began  at the  turn  of the  20th                                                               
century with  [Chancellor Otto von]  Bismarck, an  early champion                                                               
of  workers'  compensation, and  is  not  based on  liability  or                                                               
fault,  but is  instead based  on  a contract  called the  "Great                                                               
Bargain."                                                                                                                       
                                                                                                                                
7:22:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS  shared  that  the entire  purpose  of  workers'                                                               
compensation is to shield employers from tort liability.                                                                        
                                                                                                                                
7:22:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SCHRAGE  moved to  report  CSHB  45, Version  32-                                                               
LS0304\I,  Marx,  3/16/21,  out   of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
7:23:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NELSON objected.                                                                                                 
                                                                                                                                
7:23:16 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Schrage, Snyder,                                                               
Spohnholz, and Fields  voted in favor of the motion  to move CSHB
45,  Version 32-LS0304\I,  Marx, 3/16/21,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
Representatives McCarty,  Nelson, and  Kaufman voted  against it.                                                               
Therefore, CSHB 45(L&C)  was reported out of the  House Labor and                                                               
Commerce Committee by a vote of 4-3.                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
HB 121 v. A 3.3.21.PDF HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Sectional Analysis v. A 3.16.2021.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Sponsor Statement 3.16.2021.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Presenter Powerpoint 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Sponsor Powerpoint 3.17.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Supporting Document - AECCC Economic Impact Report 2020 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Supporting Document - DOR Education Tax Credit 2020 Annual Report 3.16.2021.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Supporting Document - IMF Working Paper 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Fiscal Note DOR-TAX 3.12.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 121 Fiscal Note DCCED-DOI 3.12.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 121
HB 100 Supporting Document - ARC 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 100
HB 100 Letter of Support - ARC 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 100
HB 45 Work Draft Committee Substitute v. I 3.16.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 45
HB 100 Bill Presentation 3.15.21.pdf HL&C 3/15/2021 6:30:00 PM
HL&C 3/17/2021 5:45:00 PM
HB 100
HB 100 UA Presentation 3.15.21.pdf HL&C 3/15/2021 6:30:00 PM
HL&C 3/17/2021 5:45:00 PM
SFIN 5/3/2021 9:00:00 AM
SFIN 5/14/2021 1:00:00 PM
HB 100
HB 100 Supporting Document - FY22 Proposed Distribution 3.15.21.pdf HL&C 3/15/2021 6:30:00 PM
HL&C 3/17/2021 5:45:00 PM
HB 100
HB 100 FN - UA-SYSBRA 3.13.21.pdf HL&C 3/17/2021 5:45:00 PM
HB 100
HB 45- Letter of Support- ASEA AFSCME Local 52 3.15.22.pdf HL&C 3/17/2021 5:45:00 PM
HB 45