03/30/1993 01:00 PM House CRA

  HB 221:  WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC.                          
                                                                               
  Number 030                                                                   
                                                                               
  REPRESENTATIVE BILL HUDSON, PRIME SPONSOR OF HB 221, read                    
  his sponsor statement into the record.  (Copies of this                      
  sponsor statement and the committee substitute may be found                  
  in the House Community and Regional Affairs Committee Room,                  
  Capitol Room 110, and after the adjournment of the second                    
  session of the 18th Alaska State Legislature, in the                         
  Legislative Reference Library.)                                              
                                                                               
  LARRY FANNING, FIRE CHIEF, CITY AND BOROUGH OF JUNEAU,                       
  testified in support of HB 221 and gave an example where HB
 would have clarified existing statutes.                                  
                                                                               
  REPRESENTATIVE CYNTHIA TOOHEY voiced her support for HB 221.                 
                                                                               
  Number 175                                                                   
                                                                               
  REPRESENTATIVE CON BUNDE asked, "What does the city (Juneau)                 
  think about this?"                                                           
                                                                               
  MR. FANNING said the City and Borough of Juneau passed a                     
  resolution supporting an extension in workers' compensation                  
  coverage "including training and approved department                         
  activities" for volunteers.                                                  
                                                                               
  Number 191                                                                   
                                                                               
  REPRESENTATIVE HUDSON said, "The City and Borough of Juneau                  
  has not formally entered a position on this bill (HB 221),                   
  but in my conversations with the mayor...they see the need                   
  for this legislation to clarify it."                                         
                                                                               
  REPRESENTATIVE BUNDE rephrased his concern, "I was thinking                  
  of places...who might have a fire department and find the                    
  workers' compensation contribution may have a significant                    
  impact on their budget to be able to function.  Is there any                 
  concern from small volunteer fire departments?"                              
                                                                               
  Number 212                                                                   
                                                                               
  CHAIRMAN OLBERG said, "I don't believe this calls for                        
  contribution on the part of a small volunteer fire                           
  department or any fire department, is that correct?"                         
                                                                               
  REPRESENTATIVE HUDSON said, "I believe that any volunteer                    
  ...if they are called out to go fight fires they become an                   
  employee.  What the bill (HB 221) does...  It says they are                  
  employees, and they are employees at the rate in which they                  
  normally come to the fire at and too, that it is not just                    
  when they are going to actually fight a fire but if they are                 
  partaking in anything that is valid, that they are covered                   
  as employees as well."                                                       
                                                                               
  Number 234                                                                   
                                                                               
  CHAIRMAN OLBERG said, "I think the point should be made that                 
  every volunteer fire fighter in the state of Alaska                          
  regardless of where they are when they respond to a fire, is                 
  considered an employee of the state of Alaska."                              
                                                                               
  REPRESENTATIVE BUNDE said, "I understand the intent of the                   
  bill (HB 221) and I do not disagree with that, but workers'                  
  comp (compensation) costs money, someone has to pay for                      
  that.  There is no indication with this zero fiscal note.                    
  Where does this increased workmen's comp coverage come from                  
  to pay for it?"                                                              
                                                                               
  REPRESENTATIVE HUDSON said, "I don't believe there is going                  
  to be an appreciable increase in the overall contribution to                 
  workers' compensation. ...The compensation I believe...comes                 
  from the private sector."                                                    
                                                                               
  Number 269                                                                   
                                                                               
  JOHN GEORGE, LOBBYIST, ALASKA STATE FIRE FIGHTERS                            
  ASSOCIATION, and ASSISTANT FIRE CHIEF, AUKE BAY DISTRICT                     
  CAPITAL CITY FIRE AND RESCUE DEPARTMENT, clarified,                          
  "Workers' compensation is paid for by the employer.  In the                  
  case of a volunteer fireman in Juneau, that would be the                     
  City and Borough of Juneau.  The state is not providing                      
  these benefits. It is a municipal responsibility, just as if                 
  someone was driving a city pickup truck for the Harbor                       
  Department and was injured...  The bill (HB 221) does not do                 
  anything as far as adding liability for workers' comp for                    
  the employee."                                                               
                                                                               
  MR. GEORGE continued, "The law already says that they are                    
  covered for workers' comp for all training (and) while                       
  responding to fires.  But it is not so clear when you just                   
  read it...you have to go through a long construction and go                  
  from place to place in the statute book to come up with that                 
  conclusion."  He added, "We would just like the firemen to                   
  have that same advantage.  When we get hurt, our families,                   
  we think, are entitled to receive wage replacement based on                  
  what we were making, not based necessarily on what an entry                  
  level fire fighter would make."                                              
                                                                               
  Number 318                                                                   
                                                                               
  REPRESENTATIVE BUNDE persevered, "My point again is, this                    
  increases further liability that costs more.  Who is paying                  
  for it?  The city is going to pay for an increased workers'                  
  comp coverage in this case.  In other cases, who pays for                    
  it?"                                                                         
                                                                               
  REPRESENTATIVE BUNDE pointed out HB 221 would indeed                         
  increase the workers' compensation rate, but since Mr.                       
  George, who represents all state fire fighters statewide                     
  supports it, he would.                                                       
                                                                               
  REPRESENTATIVE JOHN DAVIES MOVED to PASS HB 221 out of                       
  committee with individual recommendations.  There were no                    
  objections, and the MOTION CARRIED.