Legislature(2005 - 2006)

05/13/2005 05:00 PM Joint 130


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05:00:12 PM Start
05:01:48 PM SB130
05:08:57 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                    ALASKA STATE LEGISLATURE                                                                                  
                 CONFERENCE COMMITTEE ON SB 130                                                                               
                          May 13, 2005                                                                                          
                           5:00 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Ben Stevens, Chair                                                                                                      
Senator Gretchen Guess                                                                                                          
Senator Ralph Seekins                                                                                                           
                                                                                                                              
Representative John Coghill                                                                                                     
Representative Guttenberg                                                                                                       
Representative Harris                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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  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."                                                                    
                                                                                                                                
     MOVED CCS SB 130 OUT OF COMMITTEE                                                                                          
                                                                                                                                
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."                                                                                                                
                                                                                                                                
          MOVED CCS SB 130 OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 130                                                                                                                  
SHORT TITLE: WORKERS' COMPENSATION/ INSURANCE                                                                                   
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/03/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/05       (S)       L&C, FIN                                                                                               
03/08/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/08/05       (S)       Heard & Held                                                                                           
03/08/05       (S)       MINUTE(L&C)                                                                                            
03/10/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/10/05       (S)       Heard & Held                                                                                           
03/10/05       (S)       MINUTE(L&C)                                                                                            
03/15/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/15/05       (S)       Heard & Held                                                                                           
03/15/05       (S)       MINUTE(L&C)                                                                                            
03/17/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/17/05       (S)       Heard & Held                                                                                           
03/17/05       (S)       MINUTE(L&C)                                                                                            
03/22/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/22/05       (S)       Heard & Held                                                                                           
03/22/05       (S)       MINUTE(L&C)                                                                                            
03/24/05       (S)       L&C AT 2:00 PM BELTZ 211                                                                               
03/24/05       (S)       Heard & Held                                                                                           
03/24/05       (S)       MINUTE(L&C)                                                                                            
03/29/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/29/05       (S)       -- Meeting Canceled --                                                                                 
03/31/05       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/31/05       (S)       Moved CSSB 130(L&C) Out of Committee                                                                   
03/31/05       (S)       MINUTE(L&C)                                                                                            
04/01/05       (S)       L&C    RPT    CS       2DP    1NR    2AM                                                               
                         NEW TITLE                                                                                              
04/01/05       (S)       DP: BUNDE, STEVENS B                                                                                   
04/01/05       (S)       NR: SEEKINS                                                                                            
04/01/05       (S)       AM: DAVIS, ELLIS                                                                                       
04/01/05       (S)       JUD REFERRAL ADDED AFTER L&C                                                                           
04/05/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/05/05       (S)       Heard & Held                                                                                           
04/05/05       (S)       MINUTE(JUD)                                                                                            
04/06/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/06/05       (S)       Heard & Held                                                                                           
04/06/05       (S)       MINUTE(JUD)                                                                                            
04/07/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/07/05       (S)       Heard & Held                                                                                           
04/07/05       (S)       MINUTE(JUD)                                                                                            
04/08/05       (S)       JUD RPT CS FORTHCOMING 1DP 4NR                                                                         
04/08/05       (S)       DP: SEEKINS                                                                                            
04/08/05       (S)       NR: FRENCH, GUESS, THERRIAULT, HUGGINS                                                                 
04/08/05       (H)       JUD AT 8:00 AM CAPITOL 120                                                                             
04/08/05       (S)       Moved CSSB 130(JUD) Out of Committee                                                                   
04/08/05       (S)       MINUTE(JUD)                                                                                            
04/08/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/08/05       (S)       <Pending Referral>                                                                                     
04/11/05       (S)       FIN     RPT    CS     5DP    1NR     1AM                                                               
                         NEW TITLE                                                                                              
04/11/05       (S)       DP:   GREEN,   WILKEN,   BUNDE,   DYSON,                                                               
                         STEDMAN                                                                                                
04/11/05       (S)       NR: HOFFMAN                                                                                            
04/11/05       (S)       AM: OLSON                                                                                              
04/11/05       (S)       JUD              CS             RECEIVED                                                               
                         NEW TITLE                                                                                              
04/11/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/11/05       (S)       Moved CSSB 130(FIN) Out of Committee                                                                   
04/11/05       (S)       MINUTE(FIN)                                                                                            
04/14/05       (S)       TRANSMITTED TO (H)                                                                                     
04/14/05       (S)       VERSION: CSSB 130(FIN) AM                                                                              
04/15/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/05       (H)       L&C, JUD, FIN                                                                                          
04/15/05       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/15/05       (S)       Moved Out of Committee 4/11                                                                            
04/15/05       (S)       MINUTE(FIN)                                                                                            
05/04/05       (H)       L&C   RPT    HCS(L&C)   2DP    3NR   2AM                                                               
                         (FORTHCOMING)                                                                                          
05/04/05       (H)       DP: KOTT, LEDOUX;                                                                                      
05/04/05       (H)       NR: CRAWFORD, LYNN, GUTTENBERG;                                                                        
05/04/05       (H)       AM: ROKEBERG, ANDERSON                                                                                 
05/04/05       (H)       L&C AT 2:00 PM CAPITOL 17                                                                              
05/04/05       (H)       Moved   HCS   CSSB   130(L&C)   Out   of                                                               
                         Committee                                                                                              
05/04/05       (H)       MINUTE(L&C)                                                                                            
05/05/05       (H)       HCS(L&C) NT RECEIVED                                                                                   
05/05/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
05/05/05       (H)       Failed To Move Out Of Committee                                                                        
05/05/05       (H)       MINUTE(JUD)                                                                                            
05/05/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
05/05/05       (H)       <Pending Referral>                                                                                     
05/06/05       (H)       JUD RPT HCS(JUD) NT 3DP 3NR 1AM                                                                        
05/06/05       (H)       DP: KOTT, COGHILL, GARA;                                                                               
05/06/05       (H)       NR: GRUENBERG, DAHLSTROM, MCGUIRE;                                                                     
05/06/05       (H)       AM: ANDERSON                                                                                           
05/06/05       (H)       FIN RPT HCS(JUD) NT 9NR                                                                                
05/06/05       (H)       NR: HAWKER, HOLM, FOSTER, STOLTZE,                                                                     
                         CROFT, WEYHRAUCH, JOULE, MOSES, MEYER                                                                  
05/06/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
05/06/05       (H)       Moved   HCS   CSSB   130(JUD)   Out   of                                                               
                         Committee                                                                                              
05/06/05       (H)       MINUTE(JUD)                                                                                            
05/06/05       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
05/06/05       (H)       <Pending Referral>                                                                                     
05/08/05       (H)       BEFORE THE HOUSE                                                                                       
05/08/05       (H)       VERSION: HCS CSSB 130(JUD) AM H                                                                        
05/09/05       (S)       CONCURRENCE MESSAGE READ AND HELD                                                                      
05/09/05       (S)       CONFERENCE COMMITTEE APPOINTED                                                                         
05/09/05       (S)       B. STEVENS (CHAIR), SEEKINS, GUESS                                                                     
05/09/05       (H)       RECEDE MESSAGE READ                                                                                    
05/09/05       (H)       CONFERENCE COMMITTEE APPOINTED                                                                         
05/09/05       (H)       HARRIS, COGHILL, GUTTENBERG                                                                            
05/09/05       (S)       SPECIAL SESSION BILL - SEE S. JOURNAL                                                                  
                         PAGE 1493                                                                                              
05/11/05       (H)       130 AT 7:00 PM BUTROVICH 205                                                                           
05/11/05       (H)       <Meeting Canceled>                                                                                     
05/12/05       (H)       130 AT 5:30 PM BUTROVICH 205                                                                           
05/12/05       (H)       -- Meeting Canceled --                                                                                 
05/13/05       (H)       130 AT 9:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
            SB 130-WORKERS' COMPENSATION/ INSURANCE                                                                         
                                                                                                                                
CHAIR  BEN STEVENS  called  the Conference  Committee  on SB  130                                                             
meeting to order at 5:00:12 PM.  [HCS CSSB 130(JUD) am H and CSSB
130(FIN)  am  were  considered.]  Present  were  Senators  Guess,                                                               
Seekins and  Ben Stevens and Representatives  Guttenberg, Coghill                                                               
and Harris.                                                                                                                     
                                                                                                                                
SENATOR RALPH SEEKINS moved and  asked unanimous consent to adopt                                                               
Attachment 1.                                                                                                                   
                                                                                                                                
SENATOR GRETCHEN GUESS objected on  various levels one being that                                                               
she  hadn't been  able to  read the  50-page document  in the  10                                                               
minutes since she received it.                                                                                                  
                                                                                                                                
5:01:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAVID  GUTTENBERG   supported  Senator   Guess's                                                               
comments.  He did  not feel  comfortable adopting  work that  was                                                               
done without reading  how decisions were made.  He had particular                                                               
concern with numbers 5 and 7  because he hadn't seen the comments                                                               
or  deliberations.  He  further noted  the  conference  committee                                                               
substitute has 71 amendments.                                                                                                   
                                                                                                                                
5:03:17 PM                                                                                                                    
                                                                                                                                
CHAIR BEN  STEVENS stated  that the  motion before  the committee                                                               
was to  adopt Attachment 1. He  called for a roll  call vote. The                                                               
motion  was adopted  with Senator  Seekins, Senator  Ben Stevens,                                                               
Representative Coghill  and Representative Harris voting  yea and                                                               
Senator Guess and Representative Guttenberg voting nay.                                                                         
                                                                                                                                
SENATOR SEEKINS moved to adopt  the attached conference committee                                                               
report version R, which amends the Senate version of the bill.                                                                  
                                                                                                                                
REPRESENTATIVE  GUTTENBERG objected  saying  members should  take                                                               
the time to review the document before taking final action.                                                                     
                                                                                                                                
5:05:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRIS said  he remains  concerned about  someone                                                               
who gets hurt  on the job the first time,  gets rehabilitated and                                                               
gets hurt  again while  on the job.  He asked  the administration                                                               
for  clarification as  to  whether such  a  worker could  receive                                                               
workers'  compensation  again.  It's  of  great  concern  in  the                                                               
construction  industry  in particular  and  he  wanted an  answer                                                               
before a vote was taken on the floor.                                                                                           
                                                                                                                                
5:07:16 PM                                                                                                                    
                                                                                                                                
SENATOR  GUESS said  that's  why  the bill  should  be held.  She                                                               
hadn't  been able  to  read  the 52  pages  and  didn't know  the                                                               
implications or unintended consequences.                                                                                        
                                                                                                                                
5:07:53 PM                                                                                                                    
                                                                                                                                
REPERSENTATIVE GUTTENBERG expressed concerned  with number 49. He                                                               
hadn't received  an answer about  whether an ARISA  benefit could                                                               
be applied to workers' compensation.                                                                                            
                                                                                                                                
CHAIR BEN  STEVENS asked for  a roll call  vote on the  motion to                                                               
adopt CCS SB 130, version 24-GS1112\R from committee.                                                                           
                                                                                                                                
The motion  passed with Senator Seekins,  Representative Coghill,                                                               
Representative  Harris and  Senator  Ben Stevens  voting yea  and                                                               
Senator Guess and Representative Guttenberg voting nay.                                                                         
                                                                                                                                
CHAIR BEN STEVENS adjourned the meeting at 5:08:57 PM.                                                                        

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