Legislature(1999 - 2000)

04/14/2000 03:32 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE RULES STANDING COMMITTEE                                                                                       
                   April 14, 2000                                                                                               
                     3:32 p.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative John Cowdery, Chairman                                                                                           
Representative Brian Porter                                                                                                     
Representative Joe Green                                                                                                        
Representative Pete Kott                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Gail Phillips                                                                                                    
Representative Ethan Berkowitz                                                                                                  
Representative Reggie Joule                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 419                                                                                                              
"An Act relating to the weekly rate of compensation and minimum and                                                             
maximum compensation rates for workers' compensation; specifying                                                                
components of a workers' compensation reemployment plan; adjusting                                                              
workers' compensation benefits for permanent partial impairment,                                                                
for reemployment plans, for rehabilitation benefits, for widows,                                                                
widowers, and orphans, and for funerals; relating to permanent                                                                  
total disability of an employee receiving rehabilitation benefits;                                                              
relating to calculation of gross weekly earnings for workers'                                                                   
compensation benefits for seasonal and temporary workers and for                                                                
workers with overtime or premium pay; setting time limits for                                                                   
requesting a hearing on claims for workers' compensation, for                                                                   
selecting a rehabilitation specialist, and for payment of medical                                                               
bills; relating to termination and to waiver of rehabilitation                                                                  
benefits, obtaining medical releases, and resolving discovery                                                                   
disputes relating to workers' compensation; setting an interest                                                                 
rate for late payments of workers' compensation; providing for                                                                  
updating the workers' compensation medical fee schedule; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 419(RLS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 419                                                                                                                    
SHORT TITLE: WORKERS' COMPENSATION                                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/23/00      2279     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/23/00      2279     (H)  L&C, JUD, FIN                                                                                       
 3/08/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/08/00               (H)  Heard & Held                                                                                        
 3/08/00               (H)  MINUTE(L&C)                                                                                         
 3/17/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/17/00               (H)  Heard & Held                                                                                        
 3/17/00               (H)  MINUTE(L&C)                                                                                         
 3/20/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/20/00               (H)  Heard & Held                                                                                        
 3/20/00               (H)  MINUTE(L&C)                                                                                         
 3/27/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/27/00               (H)  Moved CSHB 419(L&C) Out of Committee                                                                
 3/27/00               (H)  MINUTE(L&C)                                                                                         
 3/29/00      2750     (H)  L&C RPT CS(L&C) NT 1DP 5NR                                                                          
 3/29/00      2751     (H)  DP: ROKEBERG; NR: MURKOWSKI, HARRIS,                                                                
 3/29/00      2751     (H)  CISSNA, SANDERS, HALCRO                                                                             
 3/29/00      2751     (H)  3 FNS (UA, LABOR, GOV/ALL DEPTS)                                                                    
 4/03/00               (H)  JUD AT  1:30 PM CAPITOL 120                                                                         
 4/03/00               (H)  Moved CSHB 419(JUD) Out of Committee                                                                
 4/03/00               (H)  MINUTE(JUD)                                                                                         
 4/05/00      2869     (H)  JUD RPT CS(JUD) 2DP 3NR 1AM                                                                         
 4/05/00      2869     (H)  DP: ROKEBERG, KOTT; NR: MURKOWSKI,                                                                  
 4/05/00      2869     (H)  KERTTULA, JAMES; AM: CROFT                                                                          
 4/05/00      2869     (H)  3 FNS (GOV/ALL DEPTS, LABOR,                                                                        
                            UA)3/29/00                                                                                          
 4/07/00               (H)  FIN AT  1:30 PM HOUSE FINANCE 519                                                                   
 4/07/00               (H)  Heard & Held                                                                                        
 4/07/00               (H)  MINUTE(FIN)                                                                                         
 4/12/00               (H)  FIN AT  1:30 PM HOUSE FINANCE 519                                                                   
 4/12/00               (H)  Moved CSHB 419(FIN) Out of Committee                                                                
 4/12/00               (H)  MINUTE(FIN)                                                                                         
 4/13/00      3107     (H)  FIN RPT CS(FIN) NT 4DP 7NR                                                                          
 4/13/00      3108     (H)  DP: MULDER, DAVIES, WILLIAMS,                                                                       
                            PHILLIPS;                                                                                           
 4/13/00      3108     (H)  NR: THERRIAULT, BUNDE, AUSTERMAN,                                                                   
 4/13/00      3108     (H)  GRUSSENDORF, MOSES, DAVIS, FOSTER                                                                   
 4/13/00      3108     (H)  LETTER OF INTENT WITH H.FIN REPORT                                                                  
 4/13/00      3109     (H)  3 FNS (GOV/ALL DEPTS, LABOR,                                                                        
                            UA)3/29/00                                                                                          
 4/13/00      3109     (H)  REFERRED TO RULES                                                                                   
 4/14/00               (H)  RLS AT  3:30 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
JANET SEITZ, Staff                                                                                                              
     to Representative Rokeberg                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Reviewed the difference between the House                                                                  
Finance version and the House Rules version of HB 419.                                                                          
                                                                                                                                
ALLEN WILSON, President                                                                                                         
Alaska State Home Builders Association                                                                                          
No address provided.                                                                                                            
POSITION STATEMENT:  Discussed the association's withdrawal for the                                                             
amendment included in the House Finance version.                                                                                
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner                                                                                             
Department of Labor & Workforce Development                                                                                     
PO Box 21149                                                                                                                    
Juneau, Alaska 99802-1149                                                                                                       
POSITION STATEMENT:  Agreed to work with the Alaska State                                                                       
Homebuilders Association on this issue.                                                                                         
                                                                                                                                
CHARLIE MILLER                                                                                                                  
Alaska National Insurance                                                                                                       
Address not provided.                                                                                                           
POSITION STATEMENT:  Testified that this is a problem for both the                                                              
insured and the insurers.                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-5, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN JOHN COWDERY called the House Rules Standing Committee                                                                 
meeting to order at 3:32 p.m.  Members present at the call to order                                                             
were Representatives Cowdery, Porter, Green and Kott.                                                                           
                                                                                                                                
HB 419-WORKERS' COMPENSATION                                                                                                    
                                                                                                                                
CHAIRMAN COWDERY announced that the only order of business before                                                               
the committee would be HOUSE BILL NO. 419, "An Act relating to the                                                              
weekly rate of compensation and minimum and maximum compensation                                                                
rates for workers' compensation; specifying components of a                                                                     
workers' compensation reemployment plan; adjusting workers'                                                                     
compensation benefits for permanent partial impairment, for                                                                     
reemployment plans, for rehabilitation benefits, for widows,                                                                    
widowers, and orphans, and for funerals; relating to permanent                                                                  
total disability of an employee receiving rehabilitation benefits;                                                              
relating to calculation of gross weekly earnings for workers'                                                                   
compensation benefits for seasonal and temporary workers and for                                                                
workers with overtime or premium pay; setting time limits for                                                                   
requesting a hearing on claims for workers' compensation, for                                                                   
selecting a rehabilitation specialist, and for payment of medical                                                               
bills; relating to termination and to waiver of rehabilitation                                                                  
benefits, obtaining medical releases, and resolving discovery                                                                   
disputes relating to workers' compensation; setting an interest                                                                 
rate for late payments of workers' compensation; providing for                                                                  
updating the workers' compensation medical fee schedule; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to adopt CSHB 419, version M, as the                                                                
working document before the committee.  There being no objection,                                                               
it was so ordered and version M was before the committee.  [The                                                                 
House Finance Committee letter of intent was not adopted.]                                                                      
                                                                                                                                
JANET SEITZ, Staff to Representative Rokeberg, Alaska State                                                                     
Legislature, informed the committee that she was present on behalf                                                              
of the House Labor & Commerce Committee, which is the sponsor of HB
419.  She explained that HB 419 is a bill that was developed by the                                                             
Ad Hoc Committee on Workers' Compensation, which is composed of                                                                 
labor and management representatives that worked in conjunction                                                                 
with the Division of Workers' Compensation in order to update the                                                               
workers' compensation law.                                                                                                      
                                                                                                                                
MS. SEITZ turned to the changes between the House Finance and the                                                               
House Rules version.  In the House Finance Committee, there was an                                                              
amendment added relating to subcontractors and how they are treated                                                             
under workers' compensation.  The House Rules committee substitute                                                              
removes that amendment, which was inserted at the request of the                                                                
Alaska Homebuilders Association.  The Alaska [State] Homebuilders                                                               
Association agreed to remove the amendment as it is an issue that                                                               
will take more study.  Furthermore, the ad hoc group is                                                                         
uncomfortable with that amendment because it has not had a chance                                                               
to thoroughly review the amendment.                                                                                             
                                                                                                                                
Number 0194                                                                                                                     
                                                                                                                                
ALLEN WILSON, President, Alaska State Homebuilders Association,                                                                 
remarked that this subcontractor issue is important and the hope                                                                
was that this would clarify the current statutes and provide some                                                               
relief to the members of the Alaska State Homebuilders Association                                                              
as well as others in the same situation.  However, he realized that                                                             
the association needs some allies to make this work.  The members                                                               
of the ad hoc committee are those allies who will eventually                                                                    
develop a solution to this problem.  In working with the ad hoc                                                                 
committee, the association has agreed to withdraw the amendment and                                                             
continue working on resolution of this issue.                                                                                   
                                                                                                                                
Number 0269                                                                                                                     
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Department of Labor &                                                                      
Workforce Development (DOLWD), noted that DOLWD is committed to                                                                 
working with the association in order to reach a resolution on this                                                             
issue.  Mr. Perkins said that DOLWD supports the amendment.                                                                     
                                                                                                                                
REPRESENTATIVE KOTT asked if Mr. Perkins will have a recommendation                                                             
on this issue for next year's legislature.                                                                                      
                                                                                                                                
MR. PERKINS replied yes and reiterated that the department will                                                                 
work with the association over the interim.                                                                                     
                                                                                                                                
CHAIRMAN COWDERY asked if the [Alaska State] Homebuilders                                                                       
[Association] is the only group with problems.                                                                                  
                                                                                                                                
Number 0335                                                                                                                     
                                                                                                                                
CHARLIE MILLER, Alaska National Insurance, informed the committee                                                               
that he agrees with the Homebuilders Association on this issue.  He                                                             
noted that Alaska National Insurance has coverage for some of the                                                               
small groups and it is a problem for both the insured and the                                                                   
insurers.  Therefore, he offered to help in order to clarify this.                                                              
He assumed that the House Rules Committee is proposing to take out                                                              
the amendment and the letter of intent, which he agreed didn't                                                                  
resolve the mutual problem.  In response to Representative Green,                                                               
Mr. Miller agreed to work on this over the interim.                                                                             
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to report CSHB 419, version M, out of                                                               
committee with individual recommendations and the accompanying                                                                  
fiscal notes.  There being no objection, it was so ordered and CSHB
419(RLS) was reported from the House Rules Standing Committee.                                                                  
[Please note that the House Finance Committee letter of intent was                                                              
not adopted and thus was not reported out of the House Rules                                                                    
Committee.]                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Rules Standing Committee meeting was adjourned at 3:36 p.m.                                                                     

Document Name Date/Time Subjects