Legislature(1993 - 1994)
1993-03-05 Senate Journal
Full Journal pdf1993-03-05 Senate Journal Page 0623 SB 64 SENATE BILL NO. 64 "An Act relating to civil liability for workplace safety inspections; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 461. Without objection, CS FOR SENATE BILL NO. 64(JUD) was adopted. CS FOR SENATE BILL NO. 64(JUD) was read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 1: Delete "civil liability for workplace safety inspections" Insert "workers' compensation" 1993-03-05 Senate Journal Page 0624 SB 64 Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS23.30 is amended by adding a new section to read: Sec. 23.30.047. BENEFITS FOR HEALTH INSURANCE. (a) An employer who pays compensation under AS23.30.041(k), 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215, and who provided health insurance to the employee at the date of injury, shall also reimburse the employee for health insurance coverage for the employee and covered dependents or in the case of compensation paid under AS23.30.215 for health insurance coverage for the surviving spouse and dependent child, as provided in this section. (b) Payment required under this section is equal to the employer's current contribution for health insurance or the amount paid by the employee, surviving spouse, or dependent child for replacement coverage, whichever amount is less. Payment required under this section commences when the employee's health insurance provided by the employer's contribution ceases and shall continue until the employee, surviving spouse, or dependent child is no longer receiving compensation described in (a) of this section, or for 18 months, whichever period is shorter. (c) Payment is not required under this section until the employee, surviving spouse, or dependent child provides proof of health insurance coverage. In this subsection, "health insurance" includes (1) an individual policy of health insurance; or (2) a notice of self-payment for continuance of coverage required under 29 U.S.C. 1161 (Consolidated Omnibus Budget Reconciliation Act of 1985) or under a union health or welfare trust agreement. 1993-03-05 Senate Journal Page 0625 SB 64 (d) If benefits required under this section are not paid within 30 days after the employer receives a request for payment, the employer shall pay a penalty equal to 25 percent of the amount due." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 64(JUD) Second Reading Amendment No. 1 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo, Zharoff and so, Amendment No. 1 failed. Senator Donley offered Amendment No. 2 : Page 1, line 1: Delete "civil liability for workplace safety inspections" Insert "workers' compensation" 1993-03-05 Senate Journal Page 0626 SB 64 Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS23.30.110 is amended by adding a new subsection to read: (h) If the board determines that the employee's injury resulted from the employer's wilful, serious, and repeated violation of state or federal occupational safety or health guidelines, the board shall report the violation to the division of labor standards and safety." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 2. Senator Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 64(JUD) Second Reading Amendment No. 2 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Leman, Lincoln, Little, Phillips Nays: Frank, Halford, Jacko, Kelly, Kerttula, Miller, Pearce, Rieger, Sharp, Taylor Excused: Salo, Zharoff and so, Amendment No. 2 failed. Senator Donley offered Amendment No. 3 : 1993-03-05 Senate Journal Page 0627 SB 64 Page 1, line 1: Delete "civil liability for workplace safety inspections" Insert "workers' compensation" Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS23.30.155 is amended by adding a new subsection to read: (p) Compensation due an employee under this chapter shall be paid by negotiable instrument that can be cashed not more than three business days after being issued." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 64(JUD) Second Reading Amendment No. 3 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo, Zharoff and so, Amendment No. 3 failed. 1993-03-05 Senate Journal Page 0628 SB 64 Senator Donley offered Amendment No. 4 : Page 1, line 1: Delete "civil liability for workplace safety inspections" Insert "workers' compensation" Page 2, after line 1: Insert a new bill section to read: "* Sec. 2. AS23.30.265(2) is amended to read: (2) "arising out of and in the course of employment" includes employer-required or supplied travel to and from a remote job site; activities performed at the direction or under the control of the employer; and employer-sanctioned activities at employer-provided facilities; but excludes recreational activities sponsored by the employer that are performed at nonremote facilities not owned or leased by the employer, unless participation is required as a condition of employment, and activities of a personal nature away from employer-provided facilities;" Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 4. Senator Kelly objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 64(JUD) Second Reading Amendment No. 4 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor 1993-03-05 Senate Journal Page 0629 SB 64 Excused: Salo, Zharoff and so, Amendment No. 4 failed. Senator Donley offered Amendment No. 5 : Page 1, line 1: Delete "civil liability for workplace safety inspections" Insert "workers' compensation" Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS23.30.041 is amended by adding a new subsection to read: (q) After a person has been assigned to perform medical management services for an injured employee, the person shall send written notice to the employee, the employer, and the employee's physician explaining in what capacity the person is employed, whom the person represents, and the scope of the services to be provided." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 5. Senator Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 1993-03-05 Senate Journal Page 0630 SB 64 CSSB 64(JUD) Second Reading Amendment No. 5 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Excused: Salo, Zharoff and so, Amendment No. 5 failed. Senator Donley offered Amendment No. 6 : Page 1, line 10, after " constitutes": Insert "reckless or" Senator Donley moved for the adoption of Amendment No. 6. Senator Kelly objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 64(JUD) Second Reading Amendment No. 6 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo, Zharoff 1993-03-05 Senate Journal Page 0631 SB 64 and so, Amendment No. 6 failed. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 64(JUD) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 64(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 64(JUD) "An Act relating to civil liability for workplace safety inspections; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 64(JUD) Third Reading - Final Passage YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little Excused: Salo, Zharoff and so, CS FOR SENATE BILL NO. 64(JUD) passed the Senate. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 1993-03-05 Senate Journal Page 0632 SB 64 CSSB 64(JUD) Effective Date YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little Excused: Salo, Zharoff and so, the effective date failed. Senator Duncan gave notice of reconsideration on CS FOR SENATE BILL NO. 64(JUD)(efd fld).