Legislature(1995 - 1996)

1995-04-08 House Journal

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1995-04-08                     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.