02/21/2024 01:30 PM Senate LABOR & COMMERCE

                  SB 147-REEMPLOYMENT BENEFITS                                                                              
                                                                                                                                
2:29:40 PM                                                                                                                    
CHAIR  BJORKMAN announced  the consideration  of SENATE  BILL NO.                                                               
147                                                                                                                             
"An Act relating to reemployment rights and benefits."                                                                          
                                                                                                                                
This is  the second hearing  of the  bill. He expressed  that the                                                               
intention  of the  committee is  to recap  the bill,  take public                                                               
testimony, consider a committee substitute,  and look to the will                                                               
of the committee.                                                                                                               
                                                                                                                                
2:30:13 PM                                                                                                                    
SENATOR  JAMES KAUFMAN,  District  F,  Alaska State  Legislature,                                                               
Juneau, Alaska, sponsor of SB 147, gave a recap of the bill:                                                                    
                                                                                                                                
      SB 147 - Reemployment Benefits seeks to address some                                                                      
     of the shortcomings that we have in the Alaska Workers                                                                     
     Compensation  system. It  further improves  the workers                                                                    
     compensation     system    by     fixing    unnecessary                                                                    
     administrative   burdens,   clarifying  the   role   of                                                                    
     stakeholders in the process.                                                                                               
                                                                                                                                
2:30:59 PM                                                                                                                    
CHAIR BJORKMAN opened public testimony on SB 147; finding none,                                                                 
he closed public testimony.                                                                                                     
                                                                                                                                
2:31:24 PM                                                                                                                    
CHAIR BJORKMAN solicited a motion.                                                                                              
                                                                                                                                
2:31:26 PM                                                                                                                    
SENATOR MERRICK moved to adopt the committee substitute (CS) for                                                                
SB 147, work order 33-LS0799\B, as the working document.                                                                        
                                                                                                                                
2:31:39 PM                                                                                                                    
CHAIR BJORKMAN objected for purposes of explanation.                                                                            
                                                                                                                                
2:31:53 PM                                                                                                                    
DOMINICK HARNETT, staff, Senator James Kaufman, Alaska State                                                                    
Legislature, Juneau, Alaska, explained the summary of changes                                                                   
for SB 147 on behalf of the bill sponsor:                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
       Summary of Changes for SB 147  Bill Version A to B                                                                     
     "An Act relating to reemployment rights and benefits;                                                                    
             and providing for an effective date."                                                                            
                                                                                                                              
     Page 4, Lines 2-18                                                                                                       
     Creates new  Section 4 amending 23.30.041(e)  to repeal                                                                    
     statute  requiring  use  of the  1993  Edition  of  the                                                                    
     United   States   Department   of   Labor's   "Selected                                                                    
     Characteristics of Occupations Defined in the Revised                                                                      
     Dictionary  of Occupational  Titles" and  instead allow                                                                    
     the   rehabilitation  specialist   to  develop   a  job                                                                    
     analysis.                                                                                                                  
     Renumbers following sections accordingly.                                                                                  
                                                                                                                                
     Page 4, Line 19-22                                                                                                       
     Adds  clarifying language  and adds  language requiring                                                                    
     the  rehabilitation specialist  to prepare  and provide                                                                    
     to the  employee and  employer a  complete reemployment                                                                    
     plan.                                                                                                                      
                                                                                                                                
     Page 4, Line 31 through Page 5, Line 2                                                                                   
     Adds language  to allow  consideration of  training and                                                                    
     employment services offered by the Department of                                                                           
     Labor and Workforce Development  under AS 23.15 instead                                                                    
     of requiring its use.                                                                                                      
                                                                                                                                
     Page 5, Line 4-11                                                                                                        
     Makes   technical  changes   to   create   a  list   of                                                                    
     subcategories  and includes  a provision  to allow  for                                                                    
     job search  and job  placement activities  as allowable                                                                    
     in a  reemployment plan. Currently these  items are not                                                                    
     allowed under statute.                                                                                                     
                                                                                                                                
     Page 5, Line 28 through Page 6, Line 3                                                                                   
     Adds language  to provide  a timeline  of 90  days from                                                                    
     the  date of  service  for either  party  to request  a                                                                    
     review of the reemployment  plan. Currently there is no                                                                    
     timeline, and the request can be made at any time.                                                                         
                                                                                                                                
     Removes Section 7, 8, and 9 of the original bill.                                                                        
                                                                                                                                
2:33:50 PM                                                                                                                    
MR. HARNETT continued explaining the summary of changes:                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Page 6 Lines 16-17                                                                                                       
     Creates  new section  7 which  adds language  to adjust                                                                    
     for inflation not less than once every five years.                                                                         
                                                                                                                                
     Page 6 Lines 19-29                                                                                                       
     Creates new section 8 which  creates new subsection (s)                                                                    
     in  AS 23.30.041  to allow  for the  maximum amount  of                                                                    
     $4,000  to   be  used  for   costs  incurred   for  job                                                                    
     modification services  or device and  reasonable travel                                                                    
     and relocation  expenses associated with  searching for                                                                    
     new employment, return  to work in a  new location, and                                                                    
     attendance at an on-the-job training program.                                                                              
                                                                                                                                
     Page 6 Line 30                                                                                                           
     Creates new section 9 which repeals AS 23.30.041(p).                                                                       
                                                                                                                                
     Page 6 Line 31                                                                                                           
     Adds   an    immediate   effective   date    under   AS                                                                    
     01.10.070(c).                                                                                                              
                                                                                                                                
2:35:07 PM                                                                                                                    
CHAIR  BJORKMAN   removed  his  objection;  finding   no  further                                                               
objection, CS SB  147, work order 33-LS0799\B was  adopted as the                                                               
working document.                                                                                                               
                                                                                                                                
2:35:30 PM                                                                                                                    
CHAIR BJORKMAN solicited the will of the committee.                                                                             
                                                                                                                                
2:35:33 PM                                                                                                                    
SENATOR  MERRICK  moved  to  report  CSSB  147,  work  order  33-                                                               
LS0799\B,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
2:35:46 PM                                                                                                                    
CHAIR  BJORKMAN  found  no  objection  and  CSSB  147  (L&C)  was                                                               
reported from the Senate Labor and Commerce Standing Committee.