Legislature(2007 - 2008)CAPITOL 17
02/06/2008 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB320 | |
| HB316 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 316 | TELECONFERENCED | |
| = | HB 320 | ||
HB 320-SEARCH & RESCUE: CERTIFICATION/WORK.COMP 3:05:03 PM CHAIR OLSON announced that the first order of business would be HOUSE BILL NO. 320, "An Act relating to certification of search and rescue personnel and organizations; requiring certain search and rescue personnel to be considered state employees for purposes of workers' compensation coverage; and allowing municipalities to elect to provide workers' compensation insurance coverage for search and rescue personnel." REPRESENTATIVE NEUMAN moved to adopt the proposed committee substitute (CS) for HB 320, Version 25-LS1176\E, Bailey, 2/5/08, as the work draft. There being no objection, Version E was before the committee. 3:05:27 PM MIKE PAWLOWSKI, Staff to Representative Kevin Meyer, Alaska State Legislature, summarized the changes section-by-section to Version E. He said Section 1 would add a new section to AS 18.60 to allow the commissioner of the Department of Public Safety (DPS) or his/her designee to organize and conduct search and rescue training missions. He directed attention to page 2, lines 3-5, Section 2, which would amend proposed AS 18.60.120 to clarify that only the commissioner of DPS or his/her designee could authorize a person to participate in a search and rescue mission. Sections 3-5 are conforming sections, although Section 5 carries over from the original version of HB 320. MR. PAWLOWSKI characterized Section 6 as the "meat" of the bill, because it authorizes workers' compensation coverage for search and rescue volunteers who participate in a search and rescue mission under AS 18.60.120 or in a training exercise under proposed AS 18.60.115. He offered that the key is the volunteer must be authorized to participate in a search and rescue effort. This provision was added because DPS expressed concern that co- mingling volunteers with professionally trained searchers could make it difficult to determine who is covered by workers' compensation in the event of an injury. MR. PAWLOWSKI explained that the primary departure from the original bill is in response to issues raised by committee members during the January 28, 2008, committee meeting. After holding discussions with DPS on the registration and certification of volunteers, certification provisions were removed from the bill and the process for conducting search and rescues now mirror the process the DPS currently uses including initiating a search, starting the mission, and ending the mission. The workers' compensation coverage in Version E would extend only to participants authorized by DPS, he stressed. 3:08:26 PM REPRESENTATIVE NEUMAN related his understanding that there is often commotion combined with a high level of emotion because citizen volunteers want to help during a search and rescue effort. He inquired as to whether there would be a sign-up sheet or a list of names available so DPS can track who is part of the formal search and rescue mission. MR. PAWLOWSKI answered that under HB 320, DPS would maintain the responsibility to compile the list of volunteers. He referred to proposed Section 4 of the bill, which requires that DPS adopt regulations necessary to carry out its duties to make it clear who is eligible to assist with the formal search and rescue mission. REPRESENTATIVE NEUMAN stressed that it is important for the committee to hold these discussions in order to establish the legislative intent for the record. He offered his support for HB 320. 3:10:44 PM REPRESENTATIVE GARDNER noted her appreciation for the intent of HB 320 and her support to provide workers' compensation for search and rescue volunteers. However, she expressed concern for any unintended consequences. She posed an example in which a child is discovered missing near a body of water and the community galvanizes to locate the child. She inquired as to whether a volunteer who is injured during such a search is considered an authorized searcher and if he/she would be covered under HB 320. MR. PAWLOWSKI answered that it would depend on whether the Division of Alaska State Troopers (AST) [in conjunction with the commissioner of DPS] has authorized the community to search or has assigned a community leader to oversee the search. He opined that if a group of townspeople informally gathered and searched and someone was injured, the injured person would not be covered under HB 320. However, if the townspeople went through the AST to activate a search and rescue mission and the volunteers were authorized as part of the search and rescue mission, then the volunteers would be covered under the mission. REPRESENTATIVE GARDNER inquired as to whether the bill should also have a House Judiciary Standing Committee referral to review the state's liability for search and rescue personnel. MR. PAWLOWSKI answered that a referral is something that could be discussed with Representative Harris. He noted that HB 320 currently has a House Finance Committee referral since the bill discusses financial responsibility and risk management issues. He further noted that the state is a self-insured entity. 3:13:08 PM BRAD THOMPSON, Director, Division of Risk Management, Department of Administration, said that the division administers the self- insured program that includes workers' compensation obligations. This legislation would expand the state's exposure somewhat, he opined. However, the division's past practice has been to extend coverage to search and rescue volunteers who have signed up as volunteers for a mission, he offered. The division has an agreement form posted on its web site for departments to use. In the event that a volunteer is injured while in state service, the division would extend coverage similar to workers' compensation, he said. He offered that the division would cover out-of-pocket expenses not covered by the injured person's medical provider. He related that volunteers would simply fill out a contractual form. He posed a scenario in which a volunteer might slip and fall at the state museum and due to an injury would need medical coverage. He stated that under HB 320, the Department of Public Safety would be required to designate when the search and rescue mission starts. He said that the DPS would prepare a list of volunteers and file a report with the list of participants to formally capture the information. 3:15:56 PM REPRESENTATIVE GARDNER offered her understanding that the change under HB 320 from current statute is that search and rescue workers would be eligible for workers' compensation benefits. Currently, if search and rescue volunteers are injured they pay their own medical expenses out-of-pocket, she surmised. MR. THOMPSON answered that is correct. He noted that in the past ten years there have been three injuries stemming from search and rescue missions that have resulted in minimal medical costs. 3:17:27 PM REPRESENTATIVE GARDNER inquired as to whether the purpose of HB 320 is preemptive or if it would cover the professionals who are often called in to volunteer such as firefighters or law enforcement officers. MR. PAWLOWSKI answered that HB 320 is entirely preemptive and stems from the concern that volunteers incur substantial risk in order to rescue people during missions such as an avalanche or mountain rescue. Current statutes prohibit search and rescue volunteers from suing the state, yet these volunteers fulfill an important role for the state. If one volunteer suffers a major accident it could result in financial hardship for the person or his/her family, he opined. REPRESENTATIVE NEUMAN, in response to an earlier concern, opined that the committee is capable of reviewing the bill so HB 320 does not need a further referral to the House Judiciary Standing Committee. He offered that the bill contains several safeguards, including developing regulations for necessary oversight, that help ensure injured search and rescue volunteers are covered by workers' compensation. The DPS and search and rescue organizations have the necessary expertise to develop the regulations and the process since they routinely work with volunteers, he opined. 3:20:09 PM REPRESENTATIVE GARDNER moved to report the proposed CS for HB 320, Version 25-LS1176\E, Bailey, 2/5/08, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 320(L&C) was reported out of the House Labor and Commerce Standing Committee.
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