Legislature(2023 - 2024)

2023-05-03 Senate Journal

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2023-05-03                     Senate Journal                      Page 0948
SB 93                                                                                                                         
CS FOR SENATE BILL NO. 93(L&C) "An Act relating to claims for                                                                   
injury, disability, or heart attack payable from the fishermen's fund;                                                          
relating to claims against protection and indemnity insurance policies                                                          
of vessel owners; and providing for an effective date" was before the                                                           
Senate in third reading on final passage.                                                                                       
                                                                                                                                
Senator Claman moved the bill be returned to second reading for the                                                             
purpose of a specific amendment, that being Amendment No. 2.                                                                    
Without objection, the bill was returned to second reading.                                                                     
                                                                                                                                
[Amendment No. 1 was not offered.]                                                                                              
                                                                                                                                

2023-05-03                     Senate Journal                      Page 0949
Senators Claman, Bjorkman offered Amendment No. 2 :                                                                              
                                                                                                                                
Page 1, line 3, following "owners":                                                                                           
       Insert "; relating to the definition of 'occupational disease'"                                                       
                                                                                                                                
Page 1, line 6, following "reasons":                                                                                            
        Insert "and except as provided in (c) and (d) of this section"                                                     
                                                                                                                                
Page 1, line 12:                                                                                                                
     Delete "The"                                                                                                               
     Insert "Except as provided in (c) and (d) of this section, the                                                         
[THE]"                                                                                                                          
                                                                                                                                
Page 1, following line 12:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 2. AS 23.35.140 is amended by adding new subsections to                                                               
read:                                                                                                                           
          (c)  If the unexpended and unobligated balance of the fund                                                            
     falls below $7,500,000,                                                                                                    
              (1)  the total allowance for any one injury or disablement                                                        
     under (a)(2) of this section is reduced to $10,000; and                                                                    
              (2)  the total allowance for any one heart attack under (b)                                                       
     of this section is reduced to $10,000.                                                                                     
          (d)  If the unexpended and unobligated balance of the fund                                                            
     falls below $5,000,000,                                                                                                    
              (1)  the total allowance for any one injury or disablement                                                        
     under (a)(2) of this section is reduced to $5,000; and                                                                     
              (2)  the total allowance for any one heart attack under (b)                                                       
     of this section is reduced to $5,000."                                                                                     
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 1, line 14:                                                                                                                
     Delete "If"                                                                                                                
     Insert "Except as provided in (b) and (c) of this section, if [IF]"                                                    
                                                                                                                                
Page 2, following line 6:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 4. AS 23.35.145 is amended by adding new subsections to                                                               
read:                                                                                                                           

2023-05-03                     Senate Journal                      Page 0950
          (b)  If the unexpended and unobligated balance of the fund                                                            
     falls below $7,500,000, the benefit a vessel owner is entitled to                                                          
     receive under (a)(2) of this section is reduced to $10,000.                                                                
          (c)  If the unexpended and unobligated balance of the fund                                                            
     falls below $5,000,000, the benefit a vessel owner is entitled to                                                          
     receive under (a)(2) of this section is reduced to $5,000.                                                                 
   * Sec. 5. AS 23.35.150(5) is amended to read:                                                                              
              (5)  "occupational disease" means hernia; varicose veins                                                          
     of the leg; viral infections and the respiratory diseases,                                                             
     bronchitis, pleurisy, and pneumonia caused by or aggravated by                                                             
     the fishing endeavor, but excluding the common cold and                                                                    
     influenza; rheumatism, arthritis, and those musculoskeletal                                                                
     diseases (such as bursitis, traumatic sciatica, and tenosynovitis)                                                         
     directly caused by or aggravated by the fishing endeavor; and does                                                         
     not include a disease not common to both sexes, venereal disease,                                                          
     or a condition arising out of an attempt of a fisherman to injure                                                          
     self or another."                                                                                                          
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Senator Claman moved for the adoption of Amendment No. 2. Senator                                                               
Wilson objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 93(L&C)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2?                                                                                                                
                                                                                                                                
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Olson,                                                                      
Stedman, Stevens, Tobin, Wielechowski                                                                                           
                                                                                                                                
Nays:  Myers, Shower, Wilson                                                                                                    
                                                                                                                                
and so, Amendment No. 2 was adopted.                                                                                            
                                                                                                                                

2023-05-03                     Senate Journal                      Page 0951
CS FOR SENATE BILL NO. 93(L&C) am "An Act relating to claims                                                                    
for injury, disability, or heart attack payable from the fishermen's fund;                                                      
relating to claims against protection and indemnity insurance policies                                                          
of vessel owners; relating to the definition of 'occupational disease';                                                         
and providing for an effective date" was automatically in third reading.                                                        
                                                                                                                                
Senator Hoffman moved and asked unanimous consent to abstain from                                                               
voting due to a conflict of interest. Objections were heard and Senator                                                         
Hoffman was required to vote.                                                                                                   
                                                                                                                                
Senator Bishop moved and asked unanimous consent to abstain from                                                                
voting due to a conflict of interest. Objections were heard and Senator                                                         
Bishop was required to vote.                                                                                                    
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 93(L&C) am                                                                    
"An Act relating to claims for injury, disability, or heart attack payable                                                      
from the fishermen's fund; relating to claims against protection and                                                            
indemnity insurance policies of vessel owners; relating to the                                                                  
definition of 'occupational disease'; and providing for an effective                                                            
date" pass the Senate?" The roll was taken with the following result:                                                           
                                                                                                                                
CSSB 93(L&C) am                                                                                                                 
Third Reading - Final Passage                                                                                                   
Effective Date(s)                                                                                                               
                                                                                                                                
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers,                                                                      
Olson, Shower, Stedman, Stevens, Tobin, Wielechowski, Wilson                                                                    
                                                                                                                                
and so, CS FOR SENATE BILL NO. 93(L&C) am passed the Senate.                                                                    
                                                                                                                                
Senator Giessel moved and asked unanimous consent the vote on the                                                               
passage of the bill be considered the vote on the effective date                                                                
clause(s). Without objection, it was so ordered and the bill was                                                                
referred to the Secretary for engrossment.