Legislature(2009 - 2010)

2009-02-18 House Journal

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2009-02-18                     House Journal                      Page 0279
HB 104                                                                                                                        
The following, which was advanced to third reading from the February                                                            
16, 2009, calendar (page 263), was read the third time:                                                                         
                                                                                                                                
    HOUSE BILL NO. 104                                                                                                          
    "An Act adjusting certain fees for treatment or services under the                                                          
    Alaska Workers' Compensation Act to reflect changes in the                                                                  
    Consumer Price Index; and providing for an effective date."                                                                 
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
HB 104 be returned to second reading for the specific purpose of                                                                
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representatives Tuck, Gara,                                                                      
Kerttula, Kawasaki, Guttenberg, Gruenberg, Buch, and Petersen:                                                                  
                                                                                                                                
Page 1, line 1, following "services" (title amendment):                                                                       
 Insert "and the amount used to calculate compensation for                                                                    
permanent partial impairment"                                                                                                 
                                                                                                                                

2009-02-18                     House Journal                      Page 0280
Page 2, following line 14:                                                                                                      
 Insert a new bill section to read:                                                                                             
"* Sec. 2. AS 23.30.190(a) is amended to read:                                                                                
         (a)  In case of impairment partial in character but permanent                                                          
    in quality, and not resulting in permanent total disability, the                                                            
    compensation is $177,000, subject to adjustment as specified in                                                         
    this subsection, multiplied by the employee's percentage of                                                             
    permanent impairment of the whole person. The percentage of                                                                 
    permanent impairment of the whole person is the percentage of                                                               
    impairment to the particular body part, system, or function                                                                 
    converted to the percentage of impairment to the whole person as                                                            
    provided under (b) of this section. The compensation is payable in                                                          
    a single lump sum, except as otherwise provided in AS 23.30.041,                                                            
    but the compensation may not be discounted for any present value                                                            
    considerations. The compensation specified in this subsection                                                           
    shall be adjusted to the nearest $1,000 increment                                                                       
             (1)  by the percentage change from 2000 to 2008 in the                                                         
    Consumer Price Index for all urban consumers for the                                                                    
    Anchorage metropolitan area compiled by the United States                                                               
    Department of Labor, Bureau of Labor Statistics; and                                                                    
             (2)  annually thereafter to reflect the change in the                                                          
    Consumer Price Index for all urban consumers for the                                                                    
    Anchorage metropolitan area compiled by the United States                                                               
    Department of Labor, Bureau of Labor Statistics."                                                                       
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Olson objected.                                                                                                  
                                                                                                                                
Representative Olson placed a call of the House.                                                                                
                                                                                                                                
The call was satisfied.                                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2009-02-18                     House Journal                      Page 0281
HB 104                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg,                                                                
Guttenberg, Holmes, Kawasaki, Kerttula, Munoz, Petersen, Salmon,                                                                
Tuck                                                                                                                            
                                                                                                                                
Nays:  Austerman, Chenault, Coghill, Dahlstrom, Edgmon,                                                                         
Fairclough, Foster, Gatto, Harris, Herron, Johansen, Johnson, Joule,                                                            
Keller, Kelly, Lynn, Neuman, Olson, Ramras, Seaton, Stoltze,                                                                    
Thomas, Wilson                                                                                                                  
                                                                                                                                
Excused:  Hawker, Millett                                                                                                       
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
The question being:  "Shall HB 104 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 104                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  2   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Dahlstrom,                                                                   
Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson,                                                                  
Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson                                                                 
                                                                                                                                
Nays:  Crawford, Doogan                                                                                                         
                                                                                                                                
Excused:  Hawker, Millett                                                                                                       
                                                                                                                                
And so, HB 104 passed the House.                                                                                                
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Gara gave notice of reconsideration of the vote on                                                               
HB 104.