Legislature(1995 - 1996)
1995-04-08 House Journal
Full Journal pdf1995-04-08 House Journal Page 1193 HB 237 The following was read the second time: HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date." with the: Journal Page L&C RPT 3DP 3NR 775 3 ZERO FISCAL NOTES (DCED, LABOR, ADM) 776 JUD RPT CS(JUD) 3DP 1NR 1AM 1020 3 ZERO FNS (LABOR, DCED, ADM) 3/17/95 1021 HELD TO 4/8/95 CALENDAR 1176 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 237(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Navarre: 1995-04-08 House Journal Page 1194 HB 237 Page 1, line 2, after "claims;" (title amendment): Insert "to confidentiality of workers' compensation medical and rehabilitation information;" Page 1, line 9: Delete "SECTION 7" Insert "SECTION 8" Page 2, line 13: Delete "sec. 7" Insert "sec. 8" Page 4, after line 5: Insert a new bill section to read: "* Sec. 5. AS 23.30.107 is amended to read: Sec. 23.30.107. RELEASE OF INFORMATION. Upon request, an employee shall provide written authority to the employer, carrier, rehabilitation provider, or rehabilitation administrator to obtain medical and rehabilitation information relative to the employee's injury. The medical and rehabilitation information is otherwise confidential and is not a public record under AS 09.25." Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date." 1995-04-08 House Journal Page 1195 HB 237 Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Mulder was required to vote. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Finkelstein: Page 6, line 21 following "AS 23.30.180" insert: "or was a seasonal worker," Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. Representative Mackie moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Mackie was required to vote. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 237(JUD) am Second Reading Amendment No. 3 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Ivan, Navarre, Nicholia, Robinson, Williams, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Bunde Absent: MacLean 1995-04-08 House Journal Page 1196 HB 237 And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 1, lines 6 - 7 (title amendment): Delete "to immunity for employer workplace safety inspections related to workers' compensation insurance;" Page 7, line 26, through page 8, line 6: Delete all material. Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. Representative Brown moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Brown: Page 1, lines 2 - 4 (title amendment): Delete "to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits;" Page 1, line 9: Delete "SECTION 7" Insert "SECTION 6" Page 2, line 13: Delete "sec. 7" Insert "sec. 6" Page 3, lines 3 - 24: Delete all material. Renumber the following bill sections accordingly. 1995-04-08 House Journal Page 1197 HB 237 Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. Representative Brown moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Brown was required to vote. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 237(JUD) am Second Reading Amendment No. 5 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Brown, Davies, B.Davis, Finkelstein, Grussendorf, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Brice, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Excused: Bunde Absent: MacLean, Rokeberg, Sanders And so, Amendment No. 5 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 237(JUD) am be considered engrossed and advanced to third reading. Objection was heard. CSHB 237(JUD) am will be in third reading on the April 10, 1995, calendar.