02/28/2008 01:30 PM Senate LABOR & COMMERCE

            SB 147-WORKERS' COMP EMPLOYER LIABILITY                                                                         
                                                                                                                                
CHAIR ELLIS announced SB 147 to be up for consideration.                                                                        
                                                                                                                                
SENATOR FRENCH,  sponsor of  SB 147, recapped  that this  bill is                                                               
about rectifying  an imbalance in  the workers'  compensation law                                                               
with respect  to the ability of  injured workers at a  work place                                                               
to bring  a lawsuit against a  person that injured them.  The way                                                               
the  law works  now, if  you're  a subcontractor,  you can  never                                                               
bring a lawsuit against a  project owner because of the inclusion                                                               
of   the  words   "potentially  liable   for"  in   the  workers'                                                               
compensation  statutes. Removing  that phrase  would restore  the                                                               
balance to the way it was before  - "if you have a policy, you're                                                               
protected, if you don't have a policy, you're not protected."                                                                   
                                                                                                                                
1:44:03 PM                                                                                                                    
SENATOR  DAVIS  moved  to  report  SB  147  from  committee  with                                                               
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
SENATOR  BUNDE  objected  saying  that   it  puts  owners  in  an                                                               
untenable  position.  They  can't get  workers'  compensation  to                                                               
protect  themselves from  subcontractor employees.  If they  were                                                               
able to  get it that  would make some sense.  It will add  to the                                                               
cost of  doing business in  Alaska and "I  think we have  far too                                                               
many of those."                                                                                                                 
                                                                                                                                
A roll  call vote  was taken. Senators  Davis, Stevens  and Ellis                                                               
voted  yea;  Senator  Bunde  voted  nay; so  SB  147  moved  from                                                               
committee.