00                    CS FOR SENATE BILL NO. 93(L&C) am                                                                   
01 "An Act relating to claims for injury, disability, or heart attack payable from the                                     
02 fishermen's fund; relating to claims against protection and indemnity insurance policies                                
03 of vessel owners; relating to the definition of 'occupational disease'; and providing for                               
04 an effective date."                                                                                                     
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 23.35.140 is amended to read:                                                                      
07            Sec. 23.35.140. Limitation on benefits. (a) Except for compelling reasons                                  
08       and except as provided in (c) and (d) of this section,                                                      
09                 (1)  compensation may not be paid for medical care or hospitalization                                   
10       furnished before the ascertainable time of injury, or before authorization in the case of                         
11       disability caused by an occupational disease;                                                                     
12                 (2)  the total allowance for any one injury or disablement is $15,000                               
13       [$10,000].                                                                                                        
14            (b)  Except as provided in (c) and (d) of this section, the [THE] total                                  

01       allowance for any one heart attack is $15,000 [$10,000].                                                      
02    * Sec. 2. AS 23.35.140 is amended by adding new subsections to read:                                               
03            (c)  If the unexpended and unobligated balance of the fund falls below                                       
04       $7,500,000,                                                                                                       
05                 (1)  the total allowance for any one injury or disablement under (a)(2)                                 
06       of this section is reduced to $10,000; and                                                                        
07                 (2)  the total allowance for any one heart attack under (b) of this section                             
08       is reduced to $10,000.                                                                                            
09            (d)  If the unexpended and unobligated balance of the fund falls below                                       
10       $5,000,000,                                                                                                       
11 (1)  the total allowance for any one injury or disablement under (a)(2)                                                 
12       of this section is reduced to $5,000; and                                                                         
13 (2)  the total allowance for any one heart attack under (b) of this section is reduced to $5,000.                     
14    * Sec. 3. AS 23.35.145 is amended to read:                                                                         
15 Sec. 23.35.145. Claim of vessel owner. Except as provided in (b) and (c) of                                         
16 this section, if [IF] a fisherman files a claim for benefits under this chapter and also                            
17 files a claim against the protection and indemnity insurance policy of the vessel                                       
18 owner, the vessel owner is entitled to receive a benefit, not to exceed the amount of                                   
19       the actual loss, that is the lesser of                                                                            
20 (1)  the full amount of the protection and indemnity insurance policy                                                   
21       deductible; or                                                                                                    
22                 (2)  $15,000 [$5,000].                                                                              
23    * Sec. 4. AS 23.35.145 is amended by adding new subsections to read:                                               
24 (b)  If the unexpended and unobligated balance of the fund falls below                                                  
25 $7,500,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section                              
26       is reduced to $10,000.                                                                                            
27 (c)  If the unexpended and unobligated balance of the fund falls below                                                  
28 $5,000,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section                              
29       is reduced to $5,000.                                                                                             
30    * Sec. 5. AS 23.35.150(5) is amended to read:                                                                      
31                        (5)  "occupational disease" means hernia; varicose veins of the leg;                             

01 viral infections and the respiratory diseases, bronchitis, pleurisy, and pneumonia                                  
02 caused by or aggravated by the fishing endeavor, but excluding the common cold and                                      
03 influenza; rheumatism, arthritis, and those musculoskeletal diseases (such as bursitis,                                 
04 traumatic sciatica, and tenosynovitis) directly caused by or aggravated by the fishing                                  
05 endeavor; and does not include a disease not common to both sexes, venereal disease,                                    
06       or a condition arising out of an attempt of a fisherman to injure self or another.                                
07    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).