Legislature(2019 - 2020)ADAMS 519
02/27/2020 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB79 | |
| HB30 | |
| HB102 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 205 | TELECONFERENCED | |
| += | HB 206 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 79 | TELECONFERENCED | |
| += | HB 30 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
HOUSE BILL NO. 30
"An Act relating to the exclusiveness of liability of
an employer in the case of death; relating to the
payment of workers' compensation benefits in the case
of permanent partial impairment; relating to notice of
workers' compensation death benefits; relating to the
payment of workers' compensation death benefits
payable to a child of an employee where there is no
surviving spouse; relating to the payment of workers'
compensation death benefits for an employee without a
surviving spouse or child; and providing for an
effective date."
2:52:54 PM
Co-Chair Foster MOVED to ADOPT proposed committee
substitute for HB 30, Work Draft 31-LS0280\R (Marx,
01-31-20).
Co-Chair Johnston OBJECTED for discussion.
2:53:43 PM
ERIN SHINE, STAFF, REPRESENTATIVE JENNIFER JOHNSTON,
reported that she had worked with Representative
Josephson's staff to produce the version of the draft
Committee Substitute (CS). She reviewed the changes in the
CS. She reported that on page 1, lines 1 through 5 the
title was changed to reflect the changes in the CS. On page
1, line 7, Section 1, the prior Section 1 was removed that
included the short title of the bill. She explained that
new Section 1 included all new language and added a
requirement for notification of workers at time of hire.
The notification described the compensation generally
available and specifically required that employees be
informed about compensation available in the case of death
for workers who are unmarried and lacked dependents.
Section 3 included 2 edits of conforming language
corresponding to changes in other sections in the bill. She
noted that new Section 4 eliminated AS 23.30.215 (a) and
created a new subsection (j) on line 9 that contained the
following conforming language:
continues until the child reaches the 23 years of
age unless extended
Ms. Shine read the prior language as follows:
shall terminate five years after the person is no
longer considered a child
Ms. Shine concluded that the effective date was changed
from January 1, 2020 to January 1, 2021.
Co-Chair Johnston WITHDREW her OBJECTION. There being NO
OBJECTION, it was so ordered.
2:56:18 PM
ELISE SORUM-BIRK, STAFF, REPRESENTATIVE ANDY JOSEPHSON,
addressed the current version of the bill. She explained
that the bill updated the permanent partial impairment
rates and the language had not changed in the CS. The rates
had not been adjusted since 2000. The state was ranked as
one of the lowest in the country regarding permanent
partial impairment rates. She pointed to page 2, line 15 of
the CS and noted that the impairment rate rose from $177
thousand to $255 thousand, which was the national average
rate. She reported that new Section 1 required notification
of employees regarding death benefits. She indicated that
the original bill added a death benefit for single workers
and recalled that the issue was discussed in committee in
the prior session. The provision was withdrawn from the CS
due to philosophical issues among some committee members.
She relayed that Representative Josephson felt that it was
imperative that employees were made aware of the
disparities between the amount a single childless worker
would receive in death benefits versus a married worker
with dependents. She cited an additional provision in
Section 3 regarding death benefits, which stated that a
personal representative of a deceased employee would be
notified regarding available benefits. She moved to Section
4 and related that the provision pertained to orphans who
were parentless. She recounted that an issue regarding the
definition of child arose in the prior session. The
current version of the bill allowed for benefits until the
age of 23. Therefore, an orphaned child would continue to
receive death benefits until 23 years of age.
3:00:21 PM
Representative Knopp inquired whether the orphaned childs
age limit was specified in the prior legislation. Ms.
Sorum-Burke replied that a specific age was not provided.
However, the provision stated that if a person was
attending college full-time, they were still considered a
child. She remarked that the language created a gray area
that the sponsor was not comfortable with. Representative
Knopp clarified that the change meant the benefits ceased
at the age of 23 regardless of what the individual was
doing. Ms. Sorum-Burke articulated that the reason for the
age 23 was that an individual might still be dependent on
their family. She provided an example of a young person in
the military whose parents died and would not receive a
benefit. Representative Knopp wondered what the allowable
extension under AS 23.30.395(8) was. Ms. Sorum-Burke
responded that it applied to children with intellectual or
physical disabilities considered a dependent.
Representative Carpenter asked for clarification on Section
1. He ascertained that the employer must notify the
employee of the death benefits available for single and
married employees. He asked if he was correct. Ms. Sorum-
Burke responded that his assessment was generally accurate.
She delineated that an equal protection issue was
discovered while drafting the legislation. Therefore, all
employees regardless of their marital status had to receive
notification concerning single and childless employees
benefits. Representative Carpenter was trying to understand
the reason for the notification.
3:03:39 PM
Representative Josephson provided the example of a 19 year
old man working in Prudhoe Bay without a wife and family
who died on the job. He indicated that under current law
nothing was available to the worker, even if his death was
due to gross negligence on the employer's part. The family
had no recourse; they could not sue the employer nor could
they collect workers compensation. He believed that
notification would provide the worker the insight to
purchase life insurance. He added that the intent was to
provide notice to the workers that they were on their
own.
Co-Chair Johnston would be setting the bill aside.
HB 30 was HEARD and HELD in committee for further
consideration.