Alaska 31st Legislature (2019-2020) Status: Passed House 1 D cosponsors

HB 30 — An Act relating to notice of workers' compensation death benefits; relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to the payment of workers' compensation death benefits payable to a child of an employee when there is no surviving spouse; and providing for an effective date.

Last action — (S) Referred to LABOR & COMMERCE

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 31st Legislature (2019-2020). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

7 added · 6 removed

Plain-language change summary

The updated version of HB 30 includes several important changes regarding workers' compensation. It now explicitly establishes that the act may be known as the Abigail Caudle Act, highlighting its significance and possibly honoring a specific individual or cause. Additionally, the bill raises the compensation amount for permanent partial impairment from $177,000 to $255,506 and mandates annual adjustments based on the Consumer Price Index, ensuring that the benefits keep pace with inflation. These changes are crucial for improving financial support for employees dealing with severe injuries or fatalities at work, particularly for their families.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2019 Session Laws & Resolves 2020 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills HB 30 Detail FullText txt HB 30:
"An Act relating to the payment of workers' compensation benefits in the case of permanent partial impairment;
"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 the payment of workers' compensation death benefits payable to a child of an employee when there is no surviving spouse;
relating to the payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse;
and providing for an effective date." CS FOR HOUSE BILL NO.
and providing for an effective date." HOUSE BILL NO.
30(L&C) 01 "An Act relating to the payment of workers' compensation benefits in the case of 02 permanent partial impairment;
30 01 "An Act relating to the exclusiveness of liability of an employer in the case of death;
relating to notice of workers' compensation death 03 benefits;
02 relating to the payment of workers' compensation benefits in the case of permanent 03 partial impairment;
relating to the payment of workers' compensation death benefits payable to a 04 child of an employee when there is no surviving spouse;
relating to notice of workers' compensation death benefits;
relating to the payment of 05 workers' compensation death benefits for an employee without a surviving spouse or 06 child;
relating 04 to the payment of workers' compensation death benefits payable to a child of an 05 employee where there is no surviving spouse;
and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
relating to the payment of workers' 06 compensation death benefits for an employee without a surviving spouse or child;
08 * Section 1.
and 07 providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
The uncodified law of the State of Alaska is amended by adding a new section 09 to read:
09 * Section 1.
10 SHORT TITLE.
The uncodified law of the State of Alaska is amended by adding a new section 10 to read:
11 SHORT TITLE.
11 * Sec.
12 * Sec.
AS 23.30.190(a) is amended to read:
AS 23.30.055 is repealed and reenacted to read:
12 (a) In case of impairment partial in character but permanent in quality, and not 13 resulting in permanent total disability, the compensation is $255,506 [$177,000] multiplied by the employee's percentage of permanent impairment of the whole 02 person.
13 Sec.
The percentage of permanent impairment of the whole person is the 03 percentage of impairment to the particular body part, system, or function converted to 04 the percentage of impairment to the whole person as provided under (b) of this section.
23.30.055.
05 The compensation is payable in a single lump sum, except as otherwise provided in 06 AS 23.30.041, but the compensation may not be discounted for any present value 07 considerations.
Exclusiveness of liability.
08 * Sec.
(a) The liability of an employer prescribed in AS 23.30.045 is exclusive and in place of all other liability of the 02 employer and any fellow employee to the employee, the employee's legal 03 representative, husband or wife, parents, dependents, next of kin, and anyone 04 otherwise entitled to recover damages from the employer or fellow employee at law or 05 in admiralty on account of the injury or death.
The liability of the employer is 06 exclusive even if the employee's claim is barred under AS 23.30.022.
07 (b) Notwithstanding (a) of this section, an injured employee, or the employee's 08 legal representative in case death results from the injury, may elect to claim 09 compensation under this chapter or to maintain an action against the employer at law 10 or in admiralty for damages on account of the injury or death, if 11 (1) an employer fails to secure payment of compensation as required 12 by this chapter;
or 13 (2) the injury to the employee results in death caused by the employer's 14 wilful disregard for the life, limb, health, or bodily safety of the employee.
15 (c) In an action under (b) of this section, the defendant may not plead as a 16 defense that the injury was caused by the negligence of a fellow servant, or that the 17 employee assumed the risk of the employment, or that the injury was due to the 18 contributory negligence of the employee.
19 (d) In this section, "employer" includes, in addition to the meaning given in 20 AS 23.30.395, a person who, under AS 23.30.045(a), is liable for or potentially liable 21 for securing payment of compensation.
22 * Sec.
AS 23.30.190(a) is amended to read:
23 (a) In case of impairment partial in character but permanent in quality, and not 24 resulting in permanent total disability, the compensation is $255,506 [$177,000] 25 multiplied by the employee's percentage of permanent impairment of the whole 26 person.
The percentage of permanent impairment of the whole person is the 27 percentage of impairment to the particular body part, system, or function converted to 28 the percentage of impairment to the whole person as provided under (b) of this section.
29 The compensation is payable in a single lump sum, except as otherwise provided in 30 AS 23.30.041, but the compensation may not be discounted for any present value 31 considerations.
* Sec.
4.
AS 23.30.190 is amended by adding a new subsection to read:
02 (e) The director shall annually increase the amount payable under (a) of this 03 section by a percentage equal to the percentage increase in the Consumer Price Index 04 for urban wage earners and clerical workers for Anchorage, Alaska, during the 05 previous calendar year, as determined by the United States Department of Labor, 06 Bureau of Labor Statistics.
07 * Sec.
5.
09 Sec.
08 Sec.
(a) If an injury causes death, the 10 employer shall, on a form prescribed by the director, notify the personal representative 11 of the employee's estate of the compensation for death available under AS 23.30.215, 12 the statute of limitations for obtaining workers' compensation benefits, and where to 13 obtain a list of legal counsel and grief counselors who may be able to assist.
(a) If an injury causes death, on a 09 form prescribed by the director, the employer shall notify the personal representative 10 of the employee's estate of the compensation for death available under AS 23.30.215, 11 the statute of limitations for obtaining workers' compensation benefits, and where to 12 obtain a list of legal counsel and grief counselors who may be able to assist.
14 (b) If the identity of the personal representative of the employee's estate is not 15 known by the employer, the employer shall notify one of the following:
13 (b) If the identity of the personal representative of the employee's estate is not 14 known by the employer, the employer shall notify one of the following:
16 (1) the employee's surviving spouse;
15 (1) the employee's surviving spouse;
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17 (2) the employee's mother or father;
16 (2) the employee's mother or father;
18 (3) the employee's dependent;
17 (3) the employee's dependent;
19 (4) the employee's next of kin;
18 (4) the employee's next of kin;
or 20 (5) anyone otherwise entitled to recover death benefits under 21 AS 23.30.215.
or 19 (5) anyone otherwise entitled to recover death benefits under 20 AS 23.30.215.
22 (c) In this section, "personal representative" has the meaning given in 23 AS 13.06.050.
21 (c) In this section, "personal representative" has the meaning given in 22 AS 13.06.050.
24 * Sec.
23 * Sec.
4.
6.
25 (a) If the injury causes death, the compensation is known as a death benefit 26 and is payable in the following amounts to or for the benefit of the following persons:
24 (a) If the injury causes death, the compensation is known as a death benefit 25 and is payable in the following amounts to or for the benefit of the following persons:
27 (1) reasonable and necessary funeral expenses not exceeding $10,000;
26 (1) reasonable and necessary funeral expenses not exceeding $10,000;
28 (2) if there is a widow or widower or a child or children of the 29 deceased, the following percentages of the spendable weekly wages of the deceased:
27 (2) if there is a widow or widower or a child or children of the 28 deceased, the following percentages of the spendable weekly wages of the deceased:
30 (A) 80 percent for the widow or widower with no children;
29 (A) 80 percent for the widow or widower with no children;
31 (B) 50 percent for the widow or widower with one child and 40 percent for the child;
30 (B) 50 percent for the widow or widower with one child and 40 31 percent for the child;
02 (C) 30 percent for the widow or widower with two or more 03 children and 70 percent divided equally among the children;
(C) 30 percent for the widow or widower with two or more 02 children and 70 percent divided equally among the children;
04 (D) 100 percent for an only child when there is no widow or 05 widower;
03 (D) 100 percent for an only child when there is no widow or 04 widower;
06 (E) 100 percent, divided equally, if there are two or more 07 children and no widow or widower;
05 (E) 100 percent, divided equally, if there are two or more 06 children and no widow or widower;
08 (3) if the widow or widower remarries, the widow or widower is 09 entitled to be paid in one sum an amount equal to the compensation to which the 10 widow or widower would otherwise be entitled in the two years commencing on the 11 date of remarriage as full and final settlement of all sums due the widow or widower;
07 (3) if the widow or widower remarries, the widow or widower is 08 entitled to be paid in one sum an amount equal to the compensation to which the 09 widow or widower would otherwise be entitled in the two years commencing on the 10 date of remarriage as full and final settlement of all sums due the widow or widower;
12 (4) if there is no widow or widower or child or children, then for the 13 support of father, mother, grandchildren, brothers, and sisters, if dependent on 14 [UPON] the deceased at the time of injury, 42 percent of the spendable weekly wage 15 of the deceased to those [SUCH] beneficiaries, share and share alike, not to exceed 16 $100,000 [$20,000] in the aggregate;
11 (4) if there is no widow or widower or child or children, then for the 12 support of father, mother, grandchildren, brothers, and sisters, if dependent on 13 [UPON] the deceased at the time of injury, 42 percent of the spendable weekly wage 14 of the deceased to those [SUCH] beneficiaries, share and share alike, not to exceed 15 $100,000 [$20,000] in the aggregate;
17 (5) $5,000 to a surviving widow or widower, or equally divided among 18 surviving children of the deceased if there is no widow or widower;
16 (5) $5,000 to a surviving widow or widower, or equally divided among 17 surviving children of the deceased if there is no widow or widower;
and 19 (6) if there is no widow or widower or child or children, and the 20 father, mother, grandchildren, brothers, and sisters were not dependent on the 21 deceased at the time of injury, then the following amounts are payable in a lump 22 sum:
and 18 (6) if there is no widow or widower or child or children, and the 19 father, mother, grandchildren, brothers, and sisters were not dependent on the 20 deceased at the time of injury, then the following amounts are payable in a lump 21 sum:
23 (A) $120,000 to the surviving parent, if there is only one 24 surviving parent;
22 (A) $120,000 to the surviving parent, if there is only one 23 surviving parent;
25 (B) $60,000 to each surviving parent, if there are two 26 surviving parents;
24 (B) $60,000 to each surviving parent, if there are two 25 surviving parents;
27 (C) $120,000 divided equally among each surviving parent, 28 if there are more than two surviving parents;
26 (C) $120,000 divided equally among each surviving parent, 27 if there are more than two surviving parents;
or 29 (D) $120,000 to the estate of the decedent, if there are no 30 surviving parents.
or 28 (D) $120,000 to the estate of the decedent, if there are no 29 surviving parents.
31 * Sec.
30 * Sec.
5.
7.
(j) The death benefit payable to a person who is a child under (a)(2)(D) or (E) 02 of this section shall terminate five years after the person is no longer considered a 03 child under AS 23.30.395(8).
31 (j) The death benefit payable to a person who is a child under (a)(2)(D) or (E) of this section shall terminate five years after the person is no longer considered a 02 child under AS 23.30.395(8).
04 * Sec.
03 * Sec.
6.
8.
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Action History

  1. (S) Referred to LABOR & COMMERCE

  2. (S) L&C

  3. (S) Read the first time - REFERRALS

  4. (H) VERSION: CSHB 30(FIN)

  5. (H) TRANSMITTED TO (S)

  6. (H) RECONSIDERATION NOT TAKEN UP

  7. (H) PRUITT NOTICE OF RECONSIDERATION

  8. (H) EFFECTIVE DATE(S) ADOPTED Y35 N2 E3

  9. (H) PASSED Y25 N12 E3

  10. (H) Read the third time CSHB 30(FIN)

  11. (H) COSPONSOR(S): DRUMMOND, LEDOUX

  12. (H) ADVANCED TO THIRD READING 3/25 CALENDAR

  13. (H) FIN CS ADOPTED UC

  14. (H) Read the second time

  15. (H) MOVED TO BOTTOM OF CALENDAR

  16. (H) RULES TO CALENDAR 3/24/2020

  17. (H) Minutes (HFIN)

  18. (H) Moved CSHB 30(FIN) Out of Committee

  19. (H) FINANCE at 09:00 AM ADAMS 519

  20. (H) FN5: (LWF)

  21. (H) FN4: (LWF)

  22. (H) FN3: (ADM)

  23. (H) NR: TILTON, LEBON, MERRICK, SULLIVAN-LEONARD, JOHNSTON

  24. (H) DNP: CARPENTER

  25. (H) DP: ORTIZ, KNOPP, WOOL, JOSEPHSON, FOSTER

  26. (H) FIN RPT CS(FIN) NT 5DP 1DNP 5NR

  27. (H) Minutes (HFIN)

  28. (H) Heard & Held

  29. (H) FINANCE at 01:30 PM ADAMS 519

  30. (H) Minutes (HFIN)

  31. (H) <Bill Hearing Canceled>

  32. (H) FINANCE at 09:00 AM ADAMS 519

  33. (H) Minutes (HFIN)

  34. (H) Heard & Held -- Delayed to 2:00 pm --

  35. (H) FINANCE at 01:30 PM ADAMS 519

  36. (H) Minutes (HFIN)

  37. (H) Heard & Held

  38. (H) FINANCE at 01:30 PM ADAMS ROOM 519

  39. (H) <Bill Hearing Canceled> -- MEETING CANCELED --

  40. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  41. (H) FN2: (LWF)

  42. (H) FN1: (ADM)

  43. (H) NR: REVAK, TALERICO

  44. (H) DP: HANNAN, FIELDS, STUTES, WOOL, LEDOUX

  45. (H) L&C RPT CS(L&C) NT 5DP 2NR

  46. (H) Minutes (HL&C)

  47. (H) Moved CSHB 30(L&C) Out of Committee

  48. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  49. (H) Minutes (HL&C)

  50. (H) Heard & Held

  51. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  52. (H) -- MEETING CANCELED --

  53. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  54. (H) Minutes (HL&C)

  55. (H) Heard & Held

  56. (H) LABOR & COMMERCE at 03:15 PM BARNES 124

  57. (H) L&C, FIN

  58. (H) Read the first time - REFERRALS

  59. (H) Prefile released 1/11/19

Sponsors

  • Tuck · Cosponsor
  • Drummond · Cosponsor
  • LeDoux · Cosponsor
  • Andy Josephson · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (3)

  • Tuck
  • Drummond
  • LeDoux

Not signed on (61)

61 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 30?
HB 30 is sponsored by Tuck, Drummond, LeDoux, and Andy Josephson (D).
What is the current status of HB 30?
This bill died with 31st Legislature (2019-2020). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 30?
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