Legislature(2023 - 2024)

2024-05-15 House Journal

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2024-05-15                     House Journal                      Page 3229
SB 147                                                                                                                        
The following, which was held from the May 14 calendar (page 3199),                                                             
was read the second time:                                                                                                       
                                                                                                                                
     CS FOR SENATE BILL NO. 147(L&C)                                                                                            
     "An Act relating to reemployment rights and benefits; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
with the:                                                      Journal Page                                                     
                                                                                                                                
 L&C RPT HCS(L&C) 6DP 1NR                                               2892                                                    
 FN1: ZERO(LWF) 2892                                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                

2024-05-15                     House Journal                      Page 3230
     HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C)                                                                               
     (same title)                                                                                                               
                                                                                                                                
Representative Eastman objected and withdrew the objection.  There                                                              
being no further objection, HCS CSSB 147(L&C) was adopted.                                                                      
                                                                                                                                
Amendment No. 1 was offered  by Representative Vance:                                                                            
                                                                                                                                
Page 1, line 1, following "benefits;" (title amendment):                                                                      
     Insert "relating to the Alaska senior benefits payment                                                                   
program;"                                                                                                                     
                                                                                                                                
Page 7, following line 1:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 10. Section 4, ch. 1, FSSLA 2007, as amended by sec. 5, ch.                                                           
6, SLA 2011, sec. 1, ch. 113, SLA 2014, and sec. 1, ch. 8, SLA 2018,                                                            
is amended to read:                                                                                                             
         Sec. 4. AS 09.38.015(a)(11); AS 47.45.301, 47.45.302,                                                                  
     47.45.304, 47.45.306, 47.45.308, and 47.45.309 are repealed                                                                
     June 30, 2034 [2024]."                                                                                                 
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Vance moved and asked unanimous consent that                                                                     
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Sumner objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 147(L&C)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  27   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Allard, Baker, Carpenter, Cronk, Edgmon, Foster, Galvin,                                                                 
Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe,                                                                     
McCormick, McKay, Ortiz, Rauscher, Ruffridge, Saddler, Shaw,                                                                    
Stapp, Story, Stutes, Tilton, Tomaszewski, Vance, Wright                                                                        
                                                                                                                                

2024-05-15                     House Journal                      Page 3231
Nays:  Armstrong, Carrick, Coulombe, Dibert, Eastman, Fields, Gray,                                                             
Groh, Mears, Mina, Prax, Schrage, Sumner                                                                                        
                                                                                                                                
And so, Amendment No. 1 was adopted and the new title follows:                                                                  
                                                                                                                                
              HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C) am H                                                                
     "An Act relating to reemployment rights and benefits; relating to                                                          
     the Alaska senior benefits payment program; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
Amendment No. 2 was offered  by Representative Sumner:                                                                           
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "reemployment rights and benefits;"                                                                               
     Insert "workers' compensation reemployment rights and                                                                    
benefits; establishing a workers' compensation stay-at-work                                                                   
program;"                                                                                                                     
                                                                                                                                
Page 1, following line 3:                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Section 1. AS 23.30.005(h) is amended to read:                                                                        
         (h)  The department shall adopt rules for all panels [,] and                                                           
     procedures for the periodic selection, retention, and removal of                                                           
     both rehabilitation specialists and physicians under AS 23.30.041,                                                     
     23.30.043, and 23.30.095, and shall adopt regulations to carry out                                                     
     the provisions of this chapter. The department may by regulation                                                           
     provide for procedural, discovery, or stipulated matters to be heard                                                       
     and decided by the commissioner or a hearing officer designated                                                            
     to represent the commissioner rather than a panel. If a procedural,                                                        
     discovery, or stipulated matter is heard and decided by the                                                                
     commissioner or a hearing officer designated to represent the                                                              
     commissioner, the action taken is considered the action of the full                                                        
     board on that aspect of the claim. Process and procedure under                                                             
     this chapter shall be as summary and simple as possible. The                                                               
     department, the board, or a member of it may for the purposes of                                                       
     this chapter subpoena witnesses, administer or cause to be                                                                 
     administered oaths, and [MAY] examine or cause to have                                                                     
     examined the parts of the books and records of the parties to a                                                            
     proceeding that relate to questions in dispute. The superior court,                                                        
     on application of the department, the board, or any members of it,                                                     

2024-05-15                     House Journal                      Page 3232
     shall enforce the attendance and testimony of witnesses and the                                                            
     production and examination of books, papers, and records."                                                                 
                                                                                                                                
Page 1, line 4:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, line 26:                                                                                                                
     Delete "."                                                                                                                 
     Insert ";                                                                                                              
              (8)  submit to the department, on or before October 1                                                         
     of each year, a report of stay-at-work benefits provided under                                                         
     AS 23.30.043 for the previous calendar year; the report must                                                           
     include a general section, sections related to each                                                                    
     rehabilitation specialist employed under AS 23.30.043, and a                                                           
     statistical summary of all stay-at-work cases, including                                                               
                   (A)  the estimated and actual cost of each active                                                        
         stay-at-work plan;                                                                                                 
                   (B)  the estimated and actual time of each stay-at-                                                      
         work plan;                                                                                                         
                   (C)  a status report on all individuals requesting,                                                      
         beginning, completing, or terminating a stay-at-work plan                                                          
         including                                                                                                          
                       (i)  reasons for denial or termination;                                                              
                       (ii)  dates of completion and return to work;                                                        
              and                                                                                                           
                       (iii)  other information required by the                                                             
              director;                                                                                                     
                   (D)  the cost of stay-at-work benefits;                                                                  
                   (E)  status reports of all individuals who                                                               
         successfully completed a stay-at-work plan that includes                                                           
                       (i)  the plan's occupational goal and whether                                                        
              the individual returned to work after completion of                                                           
              the stay-at-work plan; and                                                                                    
                       (ii)  the individual's employment status six                                                         
              months, one year, and two years after stay-at-work                                                            
              plan completion."                                                                                             
                                                                                                                                

2024-05-15                     House Journal                      Page 3233
Page 2, line 27, through page 3, line 19:                                                                                       
     Delete all material and insert:                                                                                            
"* Sec. 3. AS 23.30.041(c) is amended to read:                                                                                
         (c)  An employee and an employer may stipulate to the                                                                  
     employee's eligibility for reemployment benefits at any time. If an                                                        
     employee suffers a compensable injury and, as a result of the                                                              
     injury, the employee is totally unable, for 25 [45] consecutive                                                        
     days, to return to the employee's employment at the time of injury,                                                        
     the administrator shall notify the employee of the employee's                                                              
     rights under this section within 14 days after the 25th [45TH] day.                                                    
     Within 10 days after the employee receives the administrator's                                                         
     notification of the employee's rights, the employee shall elect,                                                       
     and notify the administrator and the employer of the election,                                                         
     whether to participate in the reemployment benefits process in                                                         
     accordance with this section or the stay-at-work benefits                                                              
     program established under AS 23.30.043. Except as provided                                                             
     in AS 23.30.043, if [IF] the employee is totally unable to return to                                                   
     the employee's employment for 90 [60] consecutive days as a                                                            
     result of the injury, the employee or employer may request an                                                              
     eligibility evaluation. The administrator may approve the request                                                          
     if the employee's injury may permanently preclude the employee's                                                           
     return to the employee's occupation at the time of the injury.                                                             
     Except as provided in AS 23.30.043, if [IF] the employee is                                                            
     totally unable to return to the employee's employment at the time                                                          
     of the injury for 120 [90] consecutive days as a result of the                                                         
     injury, the administrator shall, without a request, order an                                                               
     eligibility evaluation unless a stipulation of eligibility was                                                             
     submitted. If the administrator approves a request or orders an                                                            
     evaluation, the administrator shall, on a rotating and geographic                                                          
     basis, select a rehabilitation specialist from the list maintained                                                         
     under (b)(6) of this section to perform the eligibility evaluation. If                                                     
     the person that employs a rehabilitation specialist selected by the                                                        
     administrator to perform an eligibility evaluation under this                                                              
     subsection is performing any other work on the same workers'                                                               
     compensation claim involving the injured employee, the                                                                     
     administrator shall select a different rehabilitation specialist."                                                        
                                                                                                                                
Page 4, following line 20:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 6. AS 23.30.041(f) is amended to read:                                                                                

2024-05-15                     House Journal                      Page 3234
         (f)  An employee is not eligible for reemployment benefits if                                                          
              (1)  the employer offers employment within the                                                                    
     employee's predicted post-injury physical capacities at a wage                                                             
     equivalent to at least the state minimum wage under AS 23.10.065                                                           
     or 75 percent of the worker's gross hourly wages at the time of                                                            
     injury, whichever is greater, and the employment prepares the                                                              
     employee to be employable in other jobs that exist in the labor                                                            
     market;                                                                                                                    
              (2)  the employee previously declined the development of                                                          
     a reemployment benefits plan under (g) of this section, received a                                                         
     job dislocation benefit under (g)(2) of this section, and returned to                                                      
     work in the same or similar occupation in terms of physical                                                                
     demands required of the employee at the time of the previous                                                               
     injury;                                                                                                                    
              (3)  the employee has been previously rehabilitated in a                                                          
     former workers' [WORKER'S] compensation claim and returned                                                             
     to work in the same or similar occupation in terms of physical                                                             
     demands required of the employee at the time of the previous                                                               
     injury; [OR]                                                                                                               
              (4)  at the time of medical stability, no permanent                                                               
     impairment is identified or expected;                                                                                  
              (5)  the employee fails to timely notify the                                                                  
     administrator and the employer of the employee's election                                                              
     under (c) of this section, unless the parties submit to the                                                            
     administrator a stipulation to a reemployment benefits                                                                 
     eligibility evaluation or to the employee's eligibility for                                                            
     reemployment benefits;                                                                                                 
              (6)  the employee completed a stay-at-work plan under                                                         
     AS 23.30.043; or                                                                                                       
              (7)  the employee has not cooperated with the stay-at-                                                        
     work benefits program under AS 23.30.043(l)."                                                                        
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 6, following line 31:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 11. AS 23.30 is amended by adding a new section to article 1                                                          
to read:                                                                                                                        
         Sec. 23.30.043. Stay-at-work benefits program. (a) The                                                               
     stay-at-work benefits program is established in the division. The                                                          

2024-05-15                     House Journal                      Page 3235
     division shall designate a member of the division staff as                                                                 
     coordinator of the stay-at-work benefits program.                                                                          
         (b)  Within 14 days after an employee's election under                                                                 
     AS 23.30.041(c) to participate in the program, the administrator                                                           
     shall, on a rotating and geographic basis, select a rehabilitation                                                         
     specialist from the list maintained under AS 23.30.041(b)(6) to                                                            
     develop a stay-at-work plan and provide services under the plan.                                                           
     In selecting a rehabilitation specialist, the administrator shall                                                          
     consider the rehabilitation specialist's ability to accept and                                                             
     promptly provide program services and the rehabilitation                                                                   
     specialist's expertise and relevant experience relating to the                                                             
     employee's type of injury or challenges specific to returning the                                                          
     employee to work with the employer. If the person that employs a                                                           
     rehabilitation specialist selected by the administrator is performing                                                      
     any other work on the same workers' compensation claim                                                                     
     involving the employee, the administrator shall select a different                                                         
     rehabilitation specialist.                                                                                                 
         (c)  Within 60 days after the administrator selects the                                                                
     rehabilitation specialist, the rehabilitation specialist shall                                                             
              (1)  develop a stay-at-work plan and provide the plan, in a                                                       
     format prescribed by the director, to the employee, employer,                                                              
       program coordinator, and the employee's attending physician; or                                                         
              (2)  provide the employee, employer, and the                                                                      
     administrator with a determination and findings supporting the                                                             
     determination, in a format prescribed by the director, that the                                                            
     rehabilitation specialist is unable to develop a stay-at-work plan.                                                       
         (d)  The board shall establish by regulation the standards and                                                         
     procedures a rehabilitation specialist must use in developing a                                                            
       stay-at-work plan and the contents that the plan must include.                                                          
         (e)  The employee's attending physician shall provide a                                                                
     written opinion of whether the employee has the permanent                                                                  
     physical capacities to participate in a stay-at-work plan. The                                                             
     failure of the employee's attending physician to provide an                                                                
     opinion under this subsection constitutes grounds for a                                                                    
     determination that the rehabilitation specialist is unable to develop                                                      
     a stay-at-work plan under (c)(2) of this section.                                                                          
         (f)  Within 14 days after the program coordinator receives a                                                           
     stay-at-work plan, the program coordinator shall approve or deny                                                           
     the plan and notify the parties of the decision. Within 30 days after                                                      
     the program coordinator notifies the parties under this subsection,                                                        

2024-05-15                     House Journal                      Page 3236
     a party may request that the administrator review the plan. Within                                                         
     14 days after the administrator receives a request to review the                                                           
     plan, the administrator shall issue a decision approving or denying                                                        
     the plan.                                                                                                                  
         (g)  Within 14 days after the administrator receives a                                                                 
     determination under (c)(2) of this section, the administrator shall                                                        
     decide whether the information in the board's case file for the                                                            
     employee's workers' compensation claim supports the                                                                        
     rehabilitation specialist's determination and findings. If the                                                             
     administrator decides the case file supports the rehabilitation                                                            
     specialist's determination and findings, the administrator shall,                                                          
     within 10 days after the administrator's decision, notify the                                                              
     employee and employer of the decision and notify the employee                                                              
     that the employee is no longer eligible for stay-at-work benefits                                                          
     and may pursue reemployment benefits in accordance with                                                                    
     AS 23.30.041. If the administrator decides the case file does not                                                          
     support the rehabilitation specialist's determination and findings,                                                        
     the administrator shall, within 10 days after the administrator's                                                          
     decision, notify the employee, employer, and rehabilitation                                                                
     specialist of the decision and                                                                                             
              (1)  notify the employee, employer, and rehabilitation                                                            
     specialist what additional information is needed to develop a stay-                                                        
     at-work plan, who must submit the information, and the date by                                                             
     which the information must be submitted; or                                                                                
              (2)  select a different rehabilitation specialist in                                                              
     accordance with (b) of this section to develop a stay-at-work plan                                                         
     and provide services under the plan.                                                                                       
         (h)  Within 10 days after the administrator notifies the parties                                                       
     of a decision under (f) or (g) of this section, a party may seek                                                           
     review of the decision by requesting a hearing under                                                                       
     AS 23.30.110. The board shall uphold the decision of the                                                                   
     administrator unless evidence is submitted supporting an                                                                   
     allegation of abuse of discretion on the part of the administrator.                                                        
     The board shall render a decision within 30 days after completion                                                          
     of the hearing.                                                                                                            
         (i)  Only a rehabilitation specialist may develop a stay-at-                                                           
     work plan, provide services under the plan, and make a                                                                     
     determination and findings under this section. A person who is not                                                         
     a rehabilitation specialist may perform work related to the stay-at-                                                       
     work plan if the work is performed under the direct supervision of                                                         

2024-05-15                     House Journal                      Page 3237
     a rehabilitation specialist employed in the same firm and location.                                                        
     The employer shall pay the fees charged by the rehabilitation                                                              
     specialist or other person described in this subsection for                                                                
     providing services under this section.                                                                                     
         (j)  The cost of the stay-at-work benefits incurred under this                                                         
     section shall be the responsibility of the employer, shall be paid on                                                      
     an expense incurred basis, and may not exceed $3,000, exclusive                                                            
     of the fees charged by the rehabilitation specialist or other person                                                       
     described in (i) of this section.                                                                                          
         (k)  Stay-at-work benefits terminate two years from the date                                                           
     the program coordinator, administrator, or board approves the                                                              
     stay-at-work plan, whichever is later.                                                                                     
         (l)  After the employee has elected to participate in the                                                              
     program, and upon the request of the employer, the administrator                                                           
     shall decide whether the employee has not cooperated in the                                                                
     program. The administrator shall hold a hearing within 30 days                                                             
     after the administrator receives a request from the employer for a                                                         
     hearing. The administrator shall issue a decision within 14 days                                                           
     after the hearing. Within 10 days after the administrator notifies                                                         
     the parties of the decision, either party may seek review of the                                                           
     decision by requesting a hearing under AS 23.30.110. The board                                                             
     shall uphold the decision of the administrator unless evidence is                                                          
     submitted supporting an allegation of abuse of discretion on the                                                           
     part of the administrator. The board shall render a decision within                                                        
     30 days after completion of the hearing. If the employee is found                                                          
     to have not cooperated with the program, the employer may                                                                  
     terminate stay-at-work benefits and disability benefits on the date                                                        
     on which a finding of noncooperation is made under this                                                                    
     subsection. Noncooperation means the employee's unreasonable                                                               
     failure to                                                                                                                 
              (1)  maintain contact with the rehabilitation specialist;                                                         
              (2)  cooperate with the rehabilitation specialist in                                                              
     developing a stay-at-work plan;                                                                                            
              (3)  comply with the employee's responsibilities outlined                                                         
     in the stay-at-work plan; or                                                                                               
              (4)  participate in the stay-at-work plan or in a plan                                                            
     activity.                                                                                                                  
         (m)  An employee is not eligible for stay-at-work benefits if                                                          
     the employee fails to timely notify the administrator and the                                                              
     employer of the employee's election under AS 23.30.041(c),                                                                 

2024-05-15                     House Journal                      Page 3238
     unless the parties submit to the administrator a stipulation that the                                                      
     employee may participate in the program.                                                                                   
         (n)  An employer may elect not to participate or continue to                                                           
     participate in a stay-at-work plan at any time before the employee                                                         
     completes the plan. If an employer elects not to participate under                                                         
     this subsection, the employer shall notify the employee, the                                                               
     program coordinator, and, if applicable, the rehabilitation                                                                
     specialist of the election. The notice must be in the format                                                               
     prescribed by the director and inform the employee that the                                                                
     employee is no longer eligible for stay-at-work benefits and may                                                           
     pursue reemployment benefits in accordance with AS 23.30.041.                                                              
     The notice of the election is effective the day after the notice is                                                        
     served on the employee, the program coordinator, or, if applicable,                                                        
     the rehabilitation specialist, whichever is later. The employer is                                                         
     responsible for the cost of the stay-at-work benefits incurred                                                             
     before the notice becomes effective.                                                                                       
         (o)  In this section,                                                                                                  
              (1)  "administrator" means the reemployment benefits                                                              
     administrator employed under AS 23.30.041(a);                                                                              
              (2)  "plan" or "stay-at-work plan" means a plan developed                                                         
     by a rehabilitation specialist under this section to return an                                                             
     employee to work for the employer;                                                                                         
              (3)  "program" means the stay-at-work benefits program                                                            
     established in this section;                                                                                               
              (4)  "program coordinator" means the division staff                                                               
     member designated as the coordinator of the program;                                                                       
              (5)  "rehabilitation specialist" has the meaning given in                                                         
     AS 23.30.041(r);                                                                                                           
              (6)  "stay-at-work benefits" means benefits provided                                                              
     under the program.                                                                                                         
   * Sec. 12. AS 23.30.100(a) is amended to read:                                                                             
         (a)  Notice to an employer of an injury or death in respect to                                                     
     which compensation is payable under this chapter shall be given                                                            
     within 15 [30] days after the date of the [SUCH] injury or death                                                   
     [TO THE EMPLOYER].                                                                                                         
   * Sec. 13. AS 23.30.105(a) is amended to read:                                                                             
         (a)  The right to compensation for disability under this chapter                                                       
     is barred unless a claim for it is filed within two years after the                                                        
     employee has knowledge of the nature of the employee's disability                                                          
     and its relation to the employment and after disablement.                                                                  

2024-05-15                     House Journal                      Page 3239
     However, the maximum time for filing the claim in any event                                                                
     other than arising out of an occupational disease shall be four                                                            
     years from the date of injury, and the right to compensation for                                                           
     death is barred unless a claim therefor is filed within one year                                                           
     after the death, except that, if payment of compensation has been                                                          
     made without an award on account of the injury or death, a claim                                                           
     may be filed within two years after the date of the last payment of                                                        
     benefits under AS 23.30.041, 23.30.043, 23.30.180, 23.30.185,                                                          
     23.30.190, 23.30.200, or 23.30.215. It is additionally provided                                                            
     that, in the case of latent defects pertinent to and causing                                                               
     compensable disability, the injured employee has full right to                                                             
     claim as shall be determined by the board, time limitations                                                                
     notwithstanding."                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 7, line 2:                                                                                                                 
     Delete all material and insert:                                                                                            
"* Sec. 15. This Act takes effect January 1, 2025."                                                                           
                                                                                                                                
Representative Sumner moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 147(L&C) am H                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                

2024-05-15                     House Journal                      Page 3240
And so, Amendment No. 2 was adopted and the new title follows:                                                                  
                                                                                                                                
              HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C) am H                                                                
     "An Act relating to workers' compensation reemployment rights                                                              
     and benefits; establishing a workers' compensation stay-at-work                                                            
     program; relating to the Alaska senior benefits payment program;                                                           
     and providing for an effective date."                                                                                      
                                                                                                                                
Amendment No. 3 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "reemployment rights and benefits"                                                                                
     Insert "workers' compensation reemployment rights and                                                                    
benefits; relating to the presumption of compensability for                                                                   
workers' compensation claims related to post-traumatic stress                                                                 
disorder"                                                                                                                     
                                                                                                                                
Page 6, following line 31:                                                                                                      
     Insert new bill sections to read:                                                                                          
"* Sec. 9. AS 23.30 is amended by adding a new section to read:                                                               
         Sec. 23.30.118. Presumption of compensability for post-                                                              
     traumatic stress disorder. (a) There is a presumption that an                                                            
     employee's claim for compensation as a result of post-traumatic                                                            
     stress disorder is within the provisions of this chapter if the                                                            
     employee                                                                                                                   
              (1)  is employed or was employed in an occupation listed                                                          
     in (b)(2) of this section; and                                                                                             
              (2)  while employed or within three years after the last                                                          
     date of the employee's employment, receives a diagnosis by a                                                               
      psychiatrist or a psychologist of post-traumatic stress disorder.                                                        
         (b)  The presumption of compensability described in (a) of                                                             
     this section                                                                                                               
              (1)  may be rebutted by a preponderance of the evidence                                                           
     that the employee's post-traumatic stress disorder resulted from                                                           
     factors that were not work related;                                                                                        
                (2)  applies only to the following employees:                                                                  
                   (A)  correctional officers;                                                                                  
                     (B)  emergency medical technicians;                                                                       
                     (C)  emergency medical dispatchers;                                                                       
                   (D)  firefighters;                                                                                           

2024-05-15                     House Journal                      Page 3241
                   (E)  mobile intensive care paramedics licensed under                                                         
         AS 18.08;                                                                                                              
                   (F)  peace officers; and                                                                                     
                   (G)  employees who are certified under state law to                                                          
         perform emergency medical services; and                                                                                
              (3)  notwithstanding AS 23.30.100(a), applies for a period                                                        
     of three years following the last date of the employee's                                                                   
     employment.                                                                                                                
         (c)  In this section,                                                                                                  
              (1)  "correctional officer" has the meaning given in                                                              
     AS 18.65.290;                                                                                                              
              (2)  "emergency medical dispatcher" has the meaning                                                               
     given in AS 18.08.200;                                                                                                     
              (3)  "emergency medical service" has the meaning given                                                            
     in AS 18.08.200;                                                                                                           
              (4)  "emergency medical technician" has the meaning                                                               
     given in AS 18.08.200;                                                                                                     
              (5)  "firefighter" has the meaning given in                                                                       
     AS 23.30.121(f);                                                                                                           
              (6)  "peace officer" has the meaning given in                                                                     
     AS 11.81.900(b).                                                                                                           
   * Sec. 10. AS 23.30.120(c) is amended to read:                                                                             
         (c)  Except as provided in AS 23.30.118, the [THE]                                                                 
     presumption of compensability established in (a) of this section                                                           
     does not apply to a mental injury resulting from work-related                                                              
     stress."                                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 147(L&C) am H                                                                                                          
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                

2024-05-15                     House Journal                      Page 3242
YEAS:  28   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Armstrong, Carrick, Dibert, Edgmon, Fields, Foster, Galvin,                                                              
Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson,                                                                 
McCormick, McKay, Mears, Mina, Ortiz, Saddler, Schrage, Shaw,                                                                   
Stapp, Story, Stutes, Sumner, Vance, Wright                                                                                     
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Coulombe, Cronk, Eastman,                                                                      
McCabe, Prax, Rauscher, Ruffridge, Tilton, Tomaszewski                                                                          
                                                                                                                                
And so, Amendment No. 3 was adopted and the new title follows:                                                                  
                                                                                                                                
              HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C) am H                                                                
     "An Act relating to workers' compensation reemployment rights                                                              
     and benefits; establishing a workers' compensation stay-at-work                                                            
     program; relating to the presumption of compensability for                                                                 
     workers' compensation claims related to post-traumatic stress                                                              
     disorder; relating to the Alaska senior benefits payment program;                                                          
     and providing for an effective date."                                                                                      
                                                                                                                                
Amendment No. 4 was offered  by Representative Sumner:                                                                           
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "reemployment rights and benefits"                                                                                
     Insert "workers' compensation reemployment rights and                                                                    
benefits; relating to the workers' compensation benefits guaranty                                                             
fund"                                                                                                                         
                                                                                                                                
Page 6, following line 31:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 9. AS 23.30.082(a) is amended to read:                                                                                
         (a)  The workers' compensation benefits guaranty fund is                                                               
     established as a separate fund in the state treasury [GENERAL                                                      
     FUND] to carry out the purposes of this section. The fund is                                                               
     composed of civil penalty payments made by employers under                                                                 
     AS 23.30.080, income earned on investment of the money in the                                                              
     fund, money deposited in the fund by the department, and                                                                   
     appropriations to the fund, if any. However, money appropriated                                                            
     to the fund does not lapse. Amounts in the fund may be                                                                     
     appropriated for claims against the fund, for expenses directly                                                            
       related to fund operations and claims, and for legal expenses."                                                         
                                                                                                                                

2024-05-15                     House Journal                      Page 3243
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Sumner moved and asked unanimous consent that                                                                    
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 147(L&C) am H                                                                                                          
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  36   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carrick, Coulombe, Cronk, Dibert,                                                              
Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot,                                                                  
C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay,                                                                      
Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp,                                                             
Story, Stutes, Sumner, Tilton, Tomaszewski, Wright                                                                              
                                                                                                                                
Nays:  Carpenter, Eastman, Rauscher, Vance                                                                                      
                                                                                                                                
And so, Amendment No. 4 was adopted and the new title follows:                                                                  
                                                                                                                                
              HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C) am H                                                                
     "An Act relating to workers' compensation reemployment rights                                                              
     and benefits; establishing a workers' compensation stay-at-work                                                            
     program; relating to the workers' compensation benefits guaranty                                                           
     fund; relating to the presumption of compensability for workers'                                                           
     compensation claims related to post-traumatic stress disorder;                                                             
     relating to the Alaska senior benefits payment program; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
Representative Stapp moved and asked unanimous consent to set an                                                                
amendment deadline of 1:11 p.m., today for HCS CSSB 147(L&C)                                                                    
am H. There being no objection, it was so ordered.                                                                              
                                                                                                                                
Amendment No. 5 was offered  by Representative Gray:                                                                             
                                                                                                                                
Page 7, line 1:                                                                                                                 
     Insert a new bill section to read:                                                                                         

2024-05-15                     House Journal                      Page 3244
"* Sec. 9. AS 47.25.980(a) is amended to read:                                                                                
         (a)  The department shall                                                                                              
          (1) adopt regulations necessary to carry out the food                                                                 
     stamp program;                                                                                                             
          (2) cooperate with the federal government and do all                                                                  
     things necessary to continue state eligibility under the food stamp                                                        
     program;                                                                                                                   
          (3) comply with the requirements of 7 U.S.C. 2011 -                                                               
     2036d (Supplemental Nutrition Assistance Program) and                                                                  
     certify each eligible household for the longest certification                                                          
     period permitted under federal law; in this paragraph,                                                                 
     "certification period" has the meaning given in 7 U.S.C. 2012                                                          
     [7 U.S.C. 2011 - 2036 (FOOD STAMP PROGRAM)];                                                                               
          (4) establish an electronic application for the food stamp                                                            
     program and allow an applicant to submit an application in                                                                 
     electronic format or in other formats required by state and federal                                                        
     law; the electronic application must inform an applicant that a                                                            
     false statement made on the application will be investigated and is                                                        
     punishable under AS 11.56.210; in this paragraph, "electronic                                                              
     application" means an application for benefits or renewal of                                                               
     benefits, whether the department exclusively administers the                                                               
     benefits or administers the benefits in coordination with another                                                          
     state agency or federal agency, electronically completed and                                                               
     submitted through the department's Internet website."                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Gray moved and asked unanimous consent that                                                                      
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 147(L&C) am H                                                                                                          
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                

2024-05-15                     House Journal                      Page 3245
Yeas:  Armstrong, Carrick, Dibert, Edgmon, Fields, Foster, Galvin,                                                              
Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears,                                                                     
Mina, Ortiz, Schrage, Story, Stutes, Sumner                                                                                     
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Coulombe, Cronk, Eastman,                                                                      
C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge,                                                                 
Saddler, Shaw, Stapp, Tilton, Tomaszewski, Vance, Wright                                                                        
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
HCS CSSB 147(L&C) am H be considered engrossed, advanced to                                                                     
third reading, and placed on final passage.  There being no objection,                                                          
it was so ordered.                                                                                                              
                                                                                                                                
HCS CSSB 147(L&C) am H was read the third time.                                                                                 
                                                                                                                                
The question being:  "Shall HCS CSSB 147(L&C) am H pass the                                                                     
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                
HCS CSSB 147(L&C) am H                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
And so, HCS CSSB 147(L&C) am H passed the House.                                                                                
                                                                                                                                
Representative Saddler 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.                                                            
                                                                                                                                
HCS CSSB 147(L&C) am H was referred to the Chief Clerk for                                                                      
engrossment.