Legislature(2005 - 2006)
2005-05-13 Senate Journal
Full Journal pdf2005-05-13 Senate Journal Page 1631 SB 130 May 13, 2005 Mr. President: Mr. Speaker: The Conference Committee considering 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 2005-05-13 Senate Journal Page 1632 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" and 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" requests limited powers of free conference on the following specific points: CS FOR SENATE BILL NO. 130(FIN) am Sec. 1, Sec. 2, Sec. 3, Sec. 5, Sec. 6, Sec. 8, Sec. 9, Sec. 10, Sec. 14, Sec. 15, Sec. 17, Sec. 18, Sec. 21, Sec. 23, Sec. 24, Sec. 25, Sec. 26, Sec. 27, Sec. 29, Sec. 31, Sec. 32, Sec. 33, Sec. 37, Sec. 40, Sec. 41, Sec. 42, Sec. 44, Sec. 45, Sec. 46, Sec. 47, Sec. 49, Sec. 51, Sec. 52, Sec. 54, Sec. 55, Sec. 57, Sec. 58, Sec. 59, Sec. 60 HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H Sec. 1, Sec. 3, Sec. 5, Sec. 6, Sec. 7, Sec. 8, Sec. 9, Sec. 10, Sec. 11, Sec. 16, Sec. 17, Sec. 20, Sec. 21, Sec. 22, Sec. 23, Sec. 24, Sec. 25, Sec. 26, Sec. 28, Sec. 29, Sec. 30, Sec. 31, Sec. 32, Sec. 34, Sec. 36, 2005-05-13 Senate Journal Page 1633 Sec. 37, Sec. 38, Sec. 39, Sec. 40, Sec. 41, Sec. 42, Sec. 43, Sec. 44, Sec. 45, Sec. 46, Sec. 49, Sec. 51, Sec. 54, Sec. 55, Sec. 56, Sec. 58, Sec. 59, Sec. 61, Sec. 63, Sec. 64, Sec. 65, Sec. 68, Sec. 69, Sec. 70, Sec. 71, Sec. 72 The detailed report of specific points is on file in the Senate Secretary's Office. Signing the report: Senator Ben Stevens, Chair, Senators Seekins, Guess; Representatives Harris, Coghill, Guttenberg President Stevens granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. SB 130 The following report was received and distributed at 5:20 p.m., May 13: May 13, 2005 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered 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 2005-05-13 Senate Journal Page 1634 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" and 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" and recommends CONFERENCE CS FOR SENATE BILL NO. 130 "An Act relating to workers' compensation and to assigned risk pools; relating to the Alaska Insurance Guaranty Association; establishing the Task Force on 2005-05-13 Senate Journal Page 1635 Workers' Compensation; amending Rule 45, Alaska Rules of Civil Procedure; and providing for an effective date." be adopted. Signing the report: Senator Ben Stevens, Chair, Senator Seekins; Representatives Harris, Coghill The following fiscal information was published today: Fiscal Note No. 14, Alaska Court System Fiscal Note No. 15, Department of Labor and Workforce Development Fiscal Note No. 16, indeterminate, Office of the Governor Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 130. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 130 "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"?" The roll was taken with the following result: CCS SB 130 Adopt Conference Committee Report? YEAS: 11 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, Elton, Guess, Hoffman, Kookesh, Olson Excused: Bunde, Davis, French and so, the report was adopted. Senator Gary Stevens moved for the adoption of the Court Rule change. 2005-05-13 Senate Journal Page 1636 The question being: "Shall the Court Rule change be adopted?" The roll was taken with the following result: CCS SB 130 Adopt Court Rule change? YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis, French and so, the Court Rule change was adopted. Senator Gary Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CCS SB 130 Effective Date Clauses YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis, French and so, the effective date clauses were adopted. The Secretary was requested to notify the House.