Legislature(2023 - 2024)
2023-05-03 Senate Journal
Full Journal pdf2023-05-03 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.