Legislature(2003 - 2004)

2004-04-29 Senate Journal

Full Journal pdf

2004-04-29                     Senate Journal                      Page 3165
SB 311                                                                                            
CS FOR SENATE BILL NO. 311(JUD) "An Act providing for a                                             
special deposit for workers' compensation insurers; relating to the                                 
board of governors of the Alaska Insurance Guaranty Association;                                    

2004-04-29                     Senate Journal                      Page 3166
stating the intent of the legislature, and setting out limitations,                                 
concerning the interpretation, construction, and implementation of                                  
workers' compensation laws; relating to restructuring the Alaska                                    
workers' compensation system; eliminating the Alaska Workers'                                       
Compensation Board; establishing a division of workers'                                             
compensation within the Department of Labor and Workforce                                           
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission and the Workers' Compensation Hearings Board; relating                                   
to agreements that discharge workers' compensation liability;                                       
providing for hearing examiners and hearing panels in workers'                                      
compensation proceedings; relating to workers' compensation awards;                                 
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" was read the third time.                             
                                                                                                    
Senator French moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 6. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator French offered Amendment No. 6:                                                             
                                                                                                    
Page 10, line 3:                                                                                    
             Delete "Step C, Range 29"                                                              
             Insert "Step D, Range 25"                                                              
                                                                                                    
Page 10, line 4:                                                                                    
             Delete "Step F, Range 30"                                                              
             Insert "Step E, Range 26"                                                              
                                                                                                    

2004-04-29                     Senate Journal                      Page 3167
Senator French moved for the adoption of Amendment No. 6. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 6 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson, Wagoner                                                                                      
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
Wagoner changed from "Nay" to "Yea".                                                                
                                                                                                    
and so, Amendment No. 6 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 311(JUD) was automatically in third                                          
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 311(JUD)                                          
"An Act providing for a special deposit for workers' compensation                                   
insurers; relating to the board of governors of the Alaska Insurance                                
Guaranty Association; stating the intent of the legislature, and setting                            
out limitations, concerning the interpretation, construction, and                                   
implementation of workers' compensation laws; relating to                                           
restructuring the Alaska workers' compensation system; eliminating                                  
the Alaska Workers' Compensation Board; establishing a division of                                  
workers' compensation within the Department of Labor and Workforce                                  
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission and the Workers' Compensation Hearings Board; relating                                   
to agreements that discharge workers' compensation liability;                                       
providing for hearing examiners and hearing panels in workers'                                      

2004-04-29                     Senate Journal                      Page 3168
compensation proceedings; relating to workers' compensation awards;                                 
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
CSSB 311(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Wagoner                                                                                             
                                                                                                    
and so, CS FOR SENATE BILL NO. 311(JUD) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 311(JUD)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clauses failed to be adopted.                                            
                                                                                                    
                                                                                                    

2004-04-29                     Senate Journal                      Page 3169
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 311(JUD)(efd fld).