H-3909              _______________________________________________

                                            HOUSE JOINT MEMORIAL NO. 37

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Haugen, Thomas, Basich, Vekich and Lundquist

Read first time 1/24/86 and referred to Committee on Financial Institutions & Insurance.

TO THE HONORABLE RONALD REAGAN, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, There are two chapters of federal law which apply to persons injured in the course of maritime employment; and

          WHEREAS, The Longshoremen's and Harbor Worker's Compensation Act affords quick monetary compensation to all injured maritime workers except crew members and masters, who are covered by the Jones Act; and

          WHEREAS, The two pieces of legislation appear to be mutually exclusive, in that workers covered under the Jones Act do not have access to the remedies available under the Longshoremen's and Harbor Worker's Compensation Act; and

          WHEREAS, Rising insurance rates for commercial fishers who are subject to the Jones Act have increased costs and slowed expansion in this vital industry; and

          WHEREAS, The Jones Act, unlike the Longshoremen's and Harbor Worker's Compensation Act, has no provision rendering state laws inoperative which create parallel remedies such as workers' compensation;

          NOW, THEREFORE, Your Memorialists respectfully pray that the United States Congress amend the Jones Act to exclude commercial fishers and amend the Longshoremen's and Harbor Worker's Compensation Act to include commercial fishers; and

          BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Ronald Reagan, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, and the National Conference on State Legislatures.