Legislature(2021 - 2022)BELTZ 105 (TSBldg)

05/06/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 10 FUNTER BAY MARINE PARK: UNANGAN CEMETERY TELECONFERENCED
Moved HB 10 Out of Committee
-- Public Testimony --
*+ SB 131 WORKERS' COMP DISABILITY FOR FIREFIGHTERS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
    SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                  
                          May 6, 2021                                                                                           
                           3:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Robert Myers, Vice Chair                                                                                                
Senator David Wilson                                                                                                            
Senator Elvi Gray-Jackson                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 10                                                                                                               
"An Act relating to the Funter  Bay marine park unit of the state                                                               
park system; relating to protection  of the social and historical                                                               
significance  of  the Unangax  cemetery  located  in Funter  Bay;                                                               
providing  for  the amendment  of  the  management plan  for  the                                                               
Funter  Bay marine  park  unit; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED HB 10 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 131                                                                                                             
"An Act relating to the presumption of compensability for a                                                                     
disability resulting from certain diseases for firefighters."                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 10                                                                                                                   
SHORT TITLE: FUNTER BAY MARINE PARK: UNANGAN CEMETERY                                                                           
SPONSOR(s): REPRESENTATIVE(s) HANNAN                                                                                            
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       RES, FIN                                                                                               
02/24/21       (H)       TRB REPLACES FIN REFERRAL                                                                              
02/24/21       (H)       BILL REPRINTED                                                                                         
03/01/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/01/21       (H)       -- MEETING CANCELED --                                                                                 
03/03/21       (H)       RES REFERRAL MOVED TO AFTER TRB                                                                        
03/03/21       (H)       BILL REPRINTED                                                                                         
03/09/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/09/21       (H)       Heard & Held                                                                                           
03/09/21       (H)       MINUTE(TRB)                                                                                            
03/11/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/11/21       (H)       Moved HB 10 Out of Committee                                                                           
03/11/21       (H)       MINUTE(TRB)                                                                                            
03/12/21       (H)       TRB RPT 4DP                                                                                            
03/12/21       (H)       DP: FIELDS, ORTIZ, CRONK, ZULKOSKY                                                                     
03/26/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/26/21       (H)       Heard & Held                                                                                           
03/26/21       (H)       MINUTE(RES)                                                                                            
03/31/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/31/21       (H)       Moved HB 10 Out of Committee                                                                           
03/31/21       (H)       MINUTE(RES)                                                                                            
04/05/21       (H)       RES RPT 7DP 2NR                                                                                        
04/05/21       (H)       DP: MCKAY, FIELDS, CRONK, HOPKINS,                                                                     
                         HANNAN, SCHRAGE, PATKOTAK                                                                              
04/05/21       (H)       NR: RAUSCHER, GILLHAM                                                                                  
04/09/21       (H)       TRANSMITTED TO (S)                                                                                     
04/09/21       (H)       VERSION: HB 10                                                                                         
04/12/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/21       (S)       CRA, RES                                                                                               
04/23/21       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/23/21       (S)       <Pending Referral>                                                                                     
04/27/21       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
04/27/21       (S)       Heard & Held                                                                                           
04/27/21       (S)       MINUTE(CRA)                                                                                            
05/06/21       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 131                                                                                                                  
SHORT TITLE: WORKERS' COMP DISABILITY FOR FIREFIGHTERS                                                                          
SPONSOR(s): SENATOR(s) HOLLAND                                                                                                  
                                                                                                                                
04/28/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/28/21       (S)       CRA, L&C                                                                                               
05/06/21       (S)       CRA AT 3:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE SARA HANNAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 10.                                                                                         
                                                                                                                                
TIMOTHY CLARK, Staff                                                                                                            
Representative Sara Hannan                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions and provided information                                                               
regarding HB 10.                                                                                                                
                                                                                                                                
MARTIN STEPETIN, Advocate                                                                                                       
Friends of Admiralty Island                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 10.                                                                            
                                                                                                                                
RICHARD ZACHAROF, Advocate                                                                                                      
Tribal Council                                                                                                                  
Saint Paul Island, Alaska                                                                                                       
POSITION STATEMENT: Testified in support of HB 10.                                                                            
                                                                                                                                
JACOB MERCULIEF, representing self                                                                                              
Saint Paul Island, Alaska                                                                                                       
POSITION STATEMENT: Testified in support of HB 10.                                                                            
                                                                                                                                
SENATOR ROGER HOLLAND                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 131.                                                                                        
                                                                                                                                
NIKKI ROSE, Staff                                                                                                               
Senator Roger Holland                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sponsor statement for SB 131.                                                               
                                                                                                                                
TIM BENNINGFIELD, Chief                                                                                                         
Chugiak Volunteer Fire and Rescue and                                                                                           
Alaska Fire Chiefs Association                                                                                                  
Chugiak, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 131.                                                                           
                                                                                                                                
JUSTIN MACK, Southcentral Vice President                                                                                        
Alaska Professional Firefighters Association                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 131.                                                                           
                                                                                                                                
LORI WING-HEIER, Director                                                                                                       
Division of Insurance                                                                                                           
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  Answered  questions  related  to  insurance                                                             
during the hearing on SB 131.                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:03 PM                                                                                                                    
CHAIR  SHELLEY HUGHES  called the  Senate Community  and Regional                                                             
Affairs Standing Committee meeting to  order at 3:31 p.m. Present                                                               
at  the call  to order  were  Senators Myers,  Wilson, and  Chair                                                               
Hughes. Senator Gray-Jackson arrived soon thereafter.                                                                           
                                                                                                                                
         HB 10-FUNTER BAY MARINE PARK: UNANGAN CEMETERY                                                                     
                                                                                                                                
3:32:06 PM                                                                                                                    
CHAIR HUGHES  announced the  consideration of  HOUSE BILL  NO. 10                                                               
"An Act relating to the Funter  Bay marine park unit of the state                                                               
park system; relating to protection  of the social and historical                                                               
significance  of  the Unangax  cemetery  located  in Funter  Bay;                                                               
providing  for  the amendment  of  the  management plan  for  the                                                               
Funter  Bay marine  park  unit; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
She identified the individuals available to answer questions.                                                                   
                                                                                                                                
3:32:42 PM                                                                                                                    
REPRESENTATIVE  SARA HANNAN,  Alaska  State Legislature,  Juneau,                                                               
Alaska, sponsor of  HB 10, thanked the committee  for hearing the                                                               
bill a second  time. She summarized that HB 10  would add acreage                                                               
to the existing Funter Bay  State Marine Park, including a parcel                                                               
that  has  a  cemetery  for individuals  who  passed  away  while                                                               
interned in a nearby relocation camp.                                                                                           
                                                                                                                                
She referenced  the earlier question  about whether  the cemetery                                                               
should  have a  name  and relayed  that  the Unangan  descendants                                                               
would  like to  entertain that  question, but  recognize that  it                                                               
will be  a lengthy process to  come to consensus. She  noted that                                                               
naming   a  feature   is  allowed   under  existing   state  park                                                               
regulations.                                                                                                                    
                                                                                                                                
3:33:11 PM                                                                                                                    
SENATOR GRAY-JACKSON joined the committee meeting.                                                                              
                                                                                                                                
CHAIR  HUGHES offered  her perspective  that naming  the cemetery                                                               
was a  way to honor the  Unangan people and their  history in the                                                               
state and nation.                                                                                                               
                                                                                                                                
CHAIR HUGHES  referenced a question  that came up after  the last                                                               
hearing about private property in  the area and the misperception                                                               
that this  might benefit  one or  more adjacent  property owners.                                                               
She asked  the sponsor's staff  to share a  map to make  it clear                                                               
that this proposal  is truly to honor the history  of the Unangan                                                               
people who were interned at Funter Bay and their descendants.                                                                   
                                                                                                                                
3:35:32 PM                                                                                                                    
TIMOTHY CLARK,  Staff, Representative  Sara Hannan,  Alaska State                                                               
Legislature,  Juneau,  Alaska,  displayed  a  topography  map  of                                                               
Funter Bay. He  related that the cannery was  sold and subdivided                                                               
into  about seven  parcels in  the mid-1980s  and there  are also                                                               
dozens of  cabins scattered along  the shoreline of the  bay. The                                                               
cabins are primarily recreational and are used seasonally.                                                                      
                                                                                                                                
3:38:41 PM                                                                                                                    
CHAIR HUGHES opened public testimony on HB 10.                                                                                  
                                                                                                                                
3:39:23 PM                                                                                                                    
MARTIN STEPETIN,  Advocate, Friends of Admiralty  Island, Juneau,                                                               
Alaska,  stated  that he  originally  came  from Saint  Paul.  He                                                               
relayed that  his four grandparents  were interned at  Funter Bay                                                               
starting in 1942 and he had  been working to protect the cemetery                                                               
there  since 2014.  His dad  was born  during that  time and  was                                                               
lucky  enough  to  survive.  He   noted  that  a  number  of  the                                                               
headstones  in the  cemetery  were  for babies  who  were not  so                                                               
fortunate.                                                                                                                      
                                                                                                                                
MR. STEPETIN  related his journey working  independently and then                                                               
with Friends of  Admiralty Island to determine  that the cemetery                                                               
was located on  state land. Several options  were discussed about                                                               
how  to  protect the  cemetery,  one  of  which was  through  the                                                               
National  Historic Register.  This effort  was not  successful. A                                                               
second  option  was to  protect  the  parcel though  an  internal                                                               
departmental agreement, but  that is subject to  change with each                                                               
administration.  He  said there  was  consensus  that adding  the                                                               
cemetery parcel to the existing  Funter Bay State Marine Park was                                                               
the  most lasting  way  to protect  this  valuable state,  Alaska                                                               
Native, and U.S. history.                                                                                                       
                                                                                                                                
MR. STEPETIN  concluded his testimony  stating that the  State of                                                               
Alaska did not make the decision  to relocate the Aleuts from the                                                               
Pribilof Islands to Funter Bay,  but because the Unangan Cemetery                                                               
is located  on state land,  it is 100 percent  the responsibility                                                               
of the legislature  and the state to protect  this historic piece                                                               
of property.                                                                                                                    
                                                                                                                                
3:43:30 PM                                                                                                                    
CHAIR HUGHES asked  if the legislature could do  anything to help                                                               
qualify the cemetery for the National Historic Register.                                                                        
                                                                                                                                
MR. STEPETIN answered he did not  know but he believes the parcel                                                               
would eventually qualify.                                                                                                       
                                                                                                                                
3:44:49 PM                                                                                                                    
RICHARD ZACHAROF,  Advocate, Tribal  Council, Saint  Paul Island,                                                               
Alaska,  stated that  he  visited  Funter Bay  in  2000 after  he                                                               
received a  $50,000 parks  and recreation  grant to  renovate the                                                               
crosses and clean up the  cemetery. A number of community members                                                               
also made  the trip  to hold  a memorial  service for  family and                                                               
loved ones who were buried in the Funter Bay cemetery.                                                                          
                                                                                                                                
MR. ZACHAROF  emphasized the importance  of HB 10 to  protect and                                                               
preserve  the cemetery  and the  memory  of the  people who  were                                                               
relocated and died while interned  at Funter Bay. It is important                                                               
to the Aleut people, the State  of Alaska, and the United States.                                                               
He reported  that about  10 percent  of the  330 people  who were                                                               
evacuated  from Saint  Paul Island  in 1942  did not  survive. He                                                               
shared the  plan to  go to  Funter Bay in  August for  a memorial                                                               
service if the  bill were to pass. The plans  also include a work                                                               
party to  construct a  fence around the  cemetery to  protect the                                                               
gravesites in the traditional Aleut fashion.                                                                                    
                                                                                                                                
3:48:01 PM                                                                                                                    
JACOB MERCULIEF,  representing self,  Saint Paul  Island, Alaska,                                                               
stated that his four grandparents  were relocated and interned at                                                               
Funter Bay. He  said he was speaking on behalf  of family members                                                               
to voice support  for HB 10 to protect and  preserve the cemetery                                                               
at Funter Bay and the history of his people.                                                                                    
                                                                                                                                
3:49:56 PM                                                                                                                    
CHAIR HUGHES closed public testimony on HB 10.                                                                                  
                                                                                                                                
REPRESENTATIVE  HANNAN thanked  the  committee for  its time  and                                                               
consideration.                                                                                                                  
                                                                                                                                
CHAIR HUGHES solicited the will of the committee.                                                                               
                                                                                                                                
3:50:22 PM                                                                                                                    
SENATOR  MYERS moved  to report  HB 10,  work order  32-LS0096\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
3:50:31 PM                                                                                                                    
CHAIR HUGHES found  no objection and HB 10 was  reported from the                                                               
Senate Community and Regional Affairs Standing Committee.                                                                       
                                                                                                                                
3:50:38 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        SB 131-WORKERS' COMP DISABILITY FOR FIREFIGHTERS                                                                    
                                                                                                                                
3:52:32 PM                                                                                                                    
CHAIR   HUGHES  reconvened   the  meeting   and  announced,   the                                                               
consideration  of SENATE  BILL NO.  131 "An  Act relating  to the                                                               
presumption  of compensability  for a  disability resulting  from                                                               
certain diseases for firefighters."                                                                                             
                                                                                                                                
3:53:02 PM                                                                                                                    
SENATOR ROGER HOLLAND, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor  of SB  131, stated  that this  subject initially  seemed                                                               
complicated but the numbers make  the argument that breast cancer                                                               
coverage  for  fire  service members  is  clearly  justified.  He                                                               
deferred further introduction to his staff, Nikki Rose.                                                                         
                                                                                                                                
3:54:04 PM                                                                                                                    
NIKKI   ROSE,  Staff,   Senator  Roger   Holland,  Alaska   State                                                               
Legislature,   Juneau,  Alaska,   read   the  following   sponsor                                                               
statement for SB 131 into the record:                                                                                           
                                                                                                                                
     Firefighting  is an  inherently  dangerous  job. It  is                                                                    
     important that workers  compensation insurance provides                                                                    
     coverage for the inherent risks  in that job, but right                                                                    
     now there is a hole in that coverage: breast cancer.                                                                       
                                                                                                                                
     This  bill  would add  breast  cancer  to the  list  of                                                                    
     presumed  disability  coverages  for  firefighters,  so                                                                    
     long as the firefighter  could establish medically that                                                                    
     the breast cancer was caused by work as a firefighter.                                                                     
                                                                                                                                
     Instances  of cancer  in firefighters  is  shown to  be                                                                    
     higher than  the general population. Studies  that have                                                                    
     evaluated cancer risk  among women firefighters suggest                                                                    
     women firefighters,  like their male coworkers,  may be                                                                    
     at  an  elevated  risk  for  overall  cancer  incidence                                                                    
     (Daniels  et al.,  2014).  These  studies also  suggest                                                                    
     women  firefighters may  be  at  an elevated  incidence                                                                    
     risk  for breast  cancer (Daniels  et al.,  2014). This                                                                    
     bill  protects  not  only women,  because  exposure  to                                                                    
     carcinogenic  chemicals, which  is sometimes  necessary                                                                    
     in  the  course  of  a   firefighter's  job,  does  not                                                                    
     discriminate based on sex or  gender. Exposure to these                                                                    
     chemicals  may   be  mitigated,  but   not  eliminated,                                                                    
     through  protective equipment.  Firefighters  are at  a                                                                    
     higher  risk  of  cancer,  and   this  risk  should  be                                                                    
     covered.                                                                                                                   
                                                                                                                                
     Thank  you for  your consideration  of the  addition of                                                                    
     breast  cancer  to  the  list  of  presumed  disability                                                                    
     coverages for firefighters.                                                                                                
                                                                                                                                
3:55:46 PM                                                                                                                    
MS. ROSE presented the following sectional analysis for SB 131:                                                                 
                                                                                                                                
   Senate Bill 131                                                                                                            
   Workers' Compensation Disability for Firefighters                                                                          
                                                                                                                              
   Sectional Analysis for version A                                                                                           
                                                                                                                                
     Establishes  this Act  relating to  the presumption  of                                                                    
     compensability for a  disability resulting from certain                                                                    
     diseases for firefighters.                                                                                                 
                                                                                                                                
     Sec.  1  AS  23.30.121(b),  relating  to  the  list  of                                                                    
          coverage for firefighters, is amended by:                                                                             
                                                                                                                                
        • Adding the term "breast cancer" to list of AS                                                                         
          23.30.121(b).                                                                                                         
                                                                                                                                
     Sec. 2 Clarifies this change  applies to claims made on                                                                    
     or after the effective date of this Act.                                                                                   
                                                                                                                                
3:56:25 PM                                                                                                                    
SENATOR  HOLLAND   advised  that  firefighters  are   exposed  to                                                               
carcinogenic chemicals  from both fire suppressant  materials and                                                               
the  burning  structures  and contents.  Together  they  increase                                                               
firefighters' risk  of cancer. Current  practice is to  use self-                                                               
contained   breathing   apparatus,   immediately   remove   these                                                               
chemicals from  the skin, and  shorten individual  exposure times                                                               
in burning  structures, but  there are still  a host  of previous                                                               
exposures that should be addressed, he said.                                                                                    
                                                                                                                                
3:57:36 PM                                                                                                                    
SENATOR  HOLLAND  began  a  PowerPoint  on  SB  131  reading  the                                                               
following points from slide 2:                                                                                                  
                                                                                                                                
        • Firefighting is an inherently dangerous job.                                                                          
        • It is important that  workers compensation  insurance                                                                 
          provides coverage for the inherent risks in that job.                                                                 
                                                                                                                                
SENATOR  HOLLAND advised  that Lori  Wing-Heier, the  director of                                                               
the Division of  Insurance, was available to  confirm that adding                                                               
breast cancer coverage should  not increase workers' compensation                                                               
costs significantly. The firefighters  will bear the cost through                                                               
their workers' compensation fees.                                                                                               
                                                                                                                                
SENATOR HOLLAND read the points on slides 3 and 4:                                                                              
                                                                                                                                
        • SB 131 would add breast cancer to the list of presumed                                                                
          disability coverages  for firefighters, so long  as the                                                               
          firefighter could establish that  the breast cancer was                                                               
          caused by their work as a firefighter.                                                                                
        • Instances of cancer in firefighters  is  shown to  be                                                                 
          higher than the general population.                                                                                   
        • Studies that have evaluated cancer  risk among  women                                                                 
          firefighters  suggest  women firefighters,  like  their                                                               
          male coworkers, may be at  an elevated risk for overall                                                               
          cancer incidence (Daniels et al, 2014).                                                                               
        • These studies also suggest women firefighters  may be                                                                 
          at  an elevated  incidence  of risk  for breast  cancer                                                               
          (Daniels et al, 2014).                                                                                                
                                                                                                                                
3:59:01 PM                                                                                                                    
SENATOR HOLLAND paraphrased the following general statistics                                                                    
listed on slides 5 and 6:                                                                                                       
                                                                                                                                
        • In the general population, less  than one  percent of                                                                 
          males  are likely  to develop  breast  cancer in  their                                                               
          lifetime.                                                                                                             
        • Studies have   found  strong   associations   between                                                                 
          firefighting and male breast cancer (Ma et al, 2005).                                                                 
        • Male firefighters are 7.5 times  more  likely to  die                                                                 
          from   breast  cancer   than  their   non-Fire  Service                                                               
          counterparts. (Ma et al, 2005)                                                                                        
        • The same mechanism  that  would  cause  increases  in                                                                 
          breast  cancer   in  men  is   thought  to   result  in                                                               
          proportional increases in risk among women.                                                                           
        • In the general population, one in eight women  (12 %)                                                                 
          will likely contract breast cancer in their lifetime.                                                                 
        • At only about four percent of the firefighter                                                                         
          population, small sample sizes make it difficult to                                                                   
          draw conclusions about females and breast cancer in                                                                   
          the Fire Service.                                                                                                     
        • This bill protects not only women, because exposure to                                                                
          carcinogenic chemicals, which often occurs in the                                                                     
          normal course of a firefighter's job, does not                                                                        
          discriminate based on sex or gender.                                                                                  
                                                                                                                                
4:00:14 PM                                                                                                                    
SENATOR HOLLAND read the following points about presumptive laws                                                                
listed on slides 7 and 8;                                                                                                       
                                                                                                                                
     Presumptive  laws  are  regulations   that  assume  a  given                                                               
     disease is linked, by default, to a specific occupation.                                                                   
                                                                                                                                
     This means  that when someone  is diagnosed with  an illness                                                             
     covered  under a  presumptive  law,  they are  automatically                                                             
     entitled  to disability  or  workers' compensation,  medical                                                               
     expense  coverage, and  medical  leave,  provided they  meet                                                             
     certain criteria.                                                                                                          
                                                                                                                                
     Without   presumptive   laws,   to   get   these   benefits,                                                               
     firefighters and other workers may  have to prove that their                                                               
     line of work caused their disease.                                                                                         
                                                                                                                                
     This process  can be  lengthy and expensive  at a  time when                                                               
     resources  should be  dedicated toward  treatment, wellness,                                                               
     and, sometimes, end-of-life decisions.                                                                                     
                                                                                                                                
SENATOR HOLLAND displayed the nine presumptive diseases for                                                                     
firefighters in Alaska identified in AS 23.30.121:                                                                              
                                                                                                                                
     1. Respiratory Disease         6. Bladder Cancer                                                                         
     2. Cardiovascular Events       7. Ureter Cancer                                                                          
     (Limited)                                                                                                                  
     3. Primary Brain Cancer        Kidney Cancer                                                                             
     4. Malignant Melanoma          9. Prostate Cancer                                                                        
     Non-Hodgkin's Lymphoma                                                                                                   
                                                                                                                                
SENATOR  HOLLAND  said  the  first  two  presumptive  causes  are                                                               
limited to extreme,  one-time exposures, but the  other seven are                                                               
linked to more  chronic, long term exposure  of carcinogens. Once                                                               
breast cancer is  added, the firefighter must  meet the following                                                               
standard limitations:                                                                                                           
                                                                                                                                
        1. Have been a firefighter for at least seven years.                                                                    
        2. Have had initial and annual medical exams showing no                                                                 
          evidence of disease.                                                                                                  
        3. Be able to demonstrate exposure to a known carcinogen                                                                
          while in the Fire Service.                                                                                            
        4. At a minimum, be certified as a Firefighter I.                                                                       
                                                                                                                                
SENATOR  HOLLAND  reviewed  the  additional  qualifying  criteria                                                               
listed on slide 12:                                                                                                             
                                                                                                                                
     1. Coverage may be denied based on:                                                                                        
          a. Use of tobacco products,                                                                                           
          b. Physical fitness and weight,                                                                                       
          c. Lifestyle decisions,                                                                                               
          d. Hereditary factors, and                                                                                            
          e. Exposure from other employment/non-employment                                                                      
              activities.                                                                                                       
                                                                                                                                
     2. Some post-employment coverage is available,                                                                             
          a. Three months accrued for every year of                                                                             
              service,                                                                                                          
          b. Five year maximum.                                                                                                 
                                                                                                                                
SENATOR HOLLAND  said he was able  to confirm that 14  states and                                                               
the  Canadian  Province  of  Ontario  include  breast  cancer  in                                                               
presumptive laws.  He asked the  committee to help add  Alaska to                                                               
the list.                                                                                                                       
                                                                                                                                
4:04:37 PM                                                                                                                    
SENATOR GRAY-JACKSON voiced  support for the bill  and noted that                                                               
she introduced  a similar bill  during the last  legislature. The                                                               
difference  was   that  her   bill  included   emergency  medical                                                               
technicians,   paramedics,  and   peace  officers   and  it   was                                                               
retroactive to  2008. She  asked if he  was willing  to entertain                                                               
those additions as an amendment.                                                                                                
                                                                                                                                
4:05:27 PM                                                                                                                    
SENATOR  HOLLAND answered  he  views SB  131 as  the  first in  a                                                               
number of steps and his preference  was to focus on breast cancer                                                               
in firefighters first.                                                                                                          
                                                                                                                                
SENATOR   GRAY-JACKSON  described   the  proposed   amendment  as                                                               
housekeeping and suggested they talk about it offline.                                                                          
                                                                                                                                
SENATOR HOLLAND said he supports  the idea but wanted to maintain                                                               
focus to add breast cancer to AS 23.30.121.                                                                                     
                                                                                                                                
4:06:35 PM                                                                                                                    
SENATOR MYERS referenced point 3 on  slide 11 and asked about the                                                               
feasibility of  a firefighter being able  to demonstrate exposure                                                               
to a known carcinogen while in the fire service.                                                                                
                                                                                                                                
SENATOR HOLLAND  answered some states require  the firefighter to                                                               
identify the  date and specific  carcinogen but  Alaska typically                                                               
takes a broader  view. The firefighter must prove  that their job                                                               
is an at-risk employment category.                                                                                              
                                                                                                                                
4:08:12 PM                                                                                                                    
CHAIR HUGHES  asked when the  current list was placed  in statute                                                               
and whether  it might  not have  been when  there were  far fewer                                                               
female firefighters than today.                                                                                                 
                                                                                                                                
SENATOR HOLLAND  offered to  follow up  with the  information. He                                                               
agreed  that  women were  becoming  a  larger  part of  the  fire                                                               
service. He reported the anecdote  that of the 1,500 firefighters                                                               
in San Francisco, the 225  females experience a 15 percent higher                                                               
incidence of pre-menopausal breast cancer  than women who are not                                                               
firefighters.                                                                                                                   
                                                                                                                                
CHAIR HUGHES  asked if  the requirement to  be a  firefighter for                                                               
seven years would exclude volunteer firefighters.                                                                               
                                                                                                                                
4:10:13 PM                                                                                                                    
SENATOR  HOLLAND  said he  believes  it  means  anyone who  is  a                                                               
fulltime or volunteer  firefighter I for seven  years. He offered                                                               
to follow up to confirm his understanding.                                                                                      
                                                                                                                                
4:11:32 PM                                                                                                                    
CHAIR HUGHES announced invited testimony on SB 131.                                                                             
                                                                                                                                
4:12:00 PM                                                                                                                    
TIM  BENNINGFIELD,  Chief,  Chugiak Volunteer  Fire  and  Rescue,                                                               
Chugiak, Alaska,  stated that  he was speaking  on behalf  of the                                                               
Alaska Fire Chiefs Association in support  of SB 131. He said the                                                               
association started  earlier this  year to  add breast  cancer to                                                               
the list of presumptive diseases  to ensure balanced coverage for                                                               
all  firefighters  in the  state.  Responding  to Senator  Myers'                                                               
question about tracking exposure  to carcinogens, he advised that                                                               
when members  come out of  a fire  they sign into  an application                                                               
and  log  the  date  and  their  exposure  to  carcinogens  in  a                                                               
structure  fire. Responding  to  Senator  Hughes' question  about                                                               
seven years, he said that  gap has been identified. Providing the                                                               
initial and then annual medical  examinations for each member for                                                               
seven  years is  prohibitively  expensive and  out  of reach  for                                                               
small   fire   departments   like  Chugiak.   Nevertheless,   the                                                               
association believes it is important  to add breast cancer to the                                                               
list of presumptive diseases for firefighters in Alaska.                                                                        
                                                                                                                                
SENATOR GRAY-JACKSON asked his thought  on her proposed amendment                                                               
to   include   coverage   for  emergency   medical   technicians,                                                               
paramedics, and peace officers in addition to firefighters.                                                                     
                                                                                                                                
4:15:53 PM                                                                                                                    
MR. BENNINGFIELD  offered his  belief that it  would be  as self-                                                               
limiting as the seven-year requirement. [The call was dropped.]                                                                 
                                                                                                                                
CHAIR  HUGHES asked  the sponsor  to follow  up to  request Chief                                                               
Benningfield's response in writing.                                                                                             
                                                                                                                                
4:17:02 PM                                                                                                                    
JUSTIN  MACK, Southcentral  Vice  President, Alaska  Professional                                                               
Firefighters  Association, Anchorage,  Alaska,  responded to  the                                                               
question  about career  versus volunteer  firefighters. He  cited                                                               
the definition  of firefighter in  statute that  clearly includes                                                               
members  of  a  municipal  fire   department  or  volunteer  fire                                                               
department  that  is registered  with  the  state fire  marshal's                                                               
office. Responding  to the question about  knowing about exposure                                                               
to  specific carcinogens  in fire  suppressant products,  he said                                                               
that  is a  grey area  because  the chemicals  may be  used in  a                                                               
number of  different types of  products in a structure.  He cited                                                               
PFAS  as an  example. When  temperatures reach  a certain  point,                                                               
those substances can  pass through a firefighter's  gear and into                                                               
the skin.  He said  it is  not just firefighting  foam that  is a                                                               
concern, it is certain substances in the foam.                                                                                  
                                                                                                                                
4:19:00 PM                                                                                                                    
MR.  MACK began  his prepared  testimony. He  stated that  he was                                                               
speaking  on  behalf of  the  Alaska  Professional Fire  fighters                                                               
Association in support  of SB 131. He related that  he had worked                                                               
for  the Municipality  of Anchorage  for 10  years and  currently                                                               
served as a  fire captain. He described the job  and training and                                                               
explained   that  even   when   firefighters  follow   up-to-date                                                               
decontamination protocols  and wear the best  personal protective                                                               
equipment  (PPE), they  are still  exposed to  some of  the worst                                                               
chemicals  on earth.  These permeate  the firefighter's  gear and                                                               
penetrate  the  skin.  The  smell  can  last  for  days  after  a                                                               
significant structure fire.                                                                                                     
                                                                                                                                
MR. MACK  said Alaska Workers' Compensation  usually requires the                                                               
injured individual  to tie their  injury to a specific  event. It                                                               
is difficult to pinpoint which  structure fire caused cancer, but                                                               
study  after study  shows that  firefighters  have a  significant                                                               
increase in cancer  rates compared to the  general population. It                                                               
is  an  odd phenomena  that  firefighters  generally start  their                                                               
careers as some  of the healthiest in the  population, yet retire                                                               
as some of  the unhealthiest. He concluded that SB  131 is a step                                                               
in the  right direction  for public safety  members who  know the                                                               
risk yet continue to respond to  fire calls at all hours in hopes                                                               
of  making  a difference  in  a  stranger's  life. He  urged  the                                                               
committee to support SB 131.                                                                                                    
                                                                                                                                
CHAIR  HUGHES  thanked  him  for his  testimony  and  listed  the                                                               
individuals available to answer questions.                                                                                      
                                                                                                                                
4:22:13 PM                                                                                                                    
SENATOR MYERS asked  Ms. Wing-Heier to confirm  that the increase                                                               
in firefighters'  workers' compensation fees would  be minimal if                                                               
breast  cancer were  added to  the list  of diseases  presumed to                                                               
cause disability.                                                                                                               
                                                                                                                                
4:23:02 PM                                                                                                                    
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce, Community and  Economic Development (DCCED), Anchorage,                                                               
Alaska,  explained  that  the fire  department  or  company  pays                                                               
workers'  compensation,  not   the  individual  firefighters.  In                                                               
Alaska, the  2021 workers' compensation  lost cost base  rate for                                                               
fulltime  and  volunteer  firefighters   is  $2.67  per  $100  of                                                               
payroll. For firefighters,  the minimum payroll is  $2,000 so the                                                               
department  would  be charged  (2,000/100  X  2.67) even  if  the                                                               
firefighter is only called out on  one fire in a month. She noted                                                               
the total cost would be a  little more because the lost cost does                                                               
not include the loss adjustment  expense or the profit and claims                                                               
administration  the insurance  company  adds.  She estimated  the                                                               
multiplier would be closer to $3.20 per $100 of payroll.                                                                        
                                                                                                                                
SENATOR MYERS asked what the increase  would be if SB 131 were to                                                               
become law.                                                                                                                     
                                                                                                                                
MS. WING-HEIER replied  the division cannot find  data to support                                                               
that adding  breast cancer  would increase  workers' compensation                                                               
rates  for  fire  departments.  She  noted  that  the  rates  had                                                               
decreased 50 percent the last four years.                                                                                       
                                                                                                                                
SENATOR MYERS described that as good news.                                                                                      
                                                                                                                                
4:25:13 PM                                                                                                                    
CHAIR HUGHES  offered her understanding  of what would  happen if                                                               
rates were to increase.                                                                                                         
                                                                                                                                
MS.  WING-HEIER agreed  with  the description;  once  a year  the                                                               
National  Council  on  Compensation  Insurance  files  rates  for                                                               
different types of insurance with  the division, a public hearing                                                               
is held  on each  insurance type, and  the division  approves the                                                               
rate.                                                                                                                           
                                                                                                                                
She  referenced  Senator  Gray-Jackson's  question  about  adding                                                               
coverage for EMTs  and advised that, by definition,  EMTs who are                                                               
also firefighters would be covered under SB 131.                                                                                
                                                                                                                                
4:26:33 PM                                                                                                                    
SENATOR GRAY-JACKSON suggested that  it would apply to paramedics                                                               
who also serve as firefighters.                                                                                                 
                                                                                                                                
MS.   WING-HEIER   advised    that   the   literature   indicates                                                               
firefighters  who   also  perform   medical  services   would  be                                                               
included.  The  $2.67  rate  would  apply  and  she  assumed  the                                                               
presumption would extend to those individuals as well.                                                                          
                                                                                                                                
CHAIR HUGHES asked  the sponsor for confirmation that  he had not                                                               
received  any  opposition   from  firefighting  organizations  or                                                               
municipalities even though the rate may increase in the future.                                                                 
                                                                                                                                
4:27:33 PM                                                                                                                    
SENATOR  HOLLAND confirmed  he  had received  no opposition.  The                                                               
rate  Ms.   Wing-Heier  quoted  already   applies  to   the  nine                                                               
presumptive  coverages and  his  assumption was  it includes  the                                                               
many  workers'   compensation  risks  associated  with   being  a                                                               
firefighter. He  said this adds one  more risk to the  large pool                                                               
and any increase would be nominal.                                                                                              
                                                                                                                                
4:28:42 PM                                                                                                                    
CHAIR HUGHES held SB 131 in committee for future consideration.                                                                 
                                                                                                                                
4:29:42 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Hughes adjourned the Senate  Community and Regional Affairs                                                               
Standing Committee meeting at 4:29 p.m.                                                                                         

Document Name Date/Time Subjects
SB 131 v. A Legislation.PDF SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 v. A Sponsor Statement 5.6.21.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research- The University of Maryland Occupational Health Project 6.25.1999.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Fiscal Note -DOLWD-WC 4.30.21.pdf SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research- Emerging Health and Safety Issues Among Women in the Fire Service 3.1.2019.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Letter CVFRD Benningfield 5.6.21.pdf SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 v. A Sectional Analysis 5.6.21.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research-Firefighter Presumption PTSD Law Table June 2019.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research-PFAS and effects on the ovary.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research-Renal Cell Carcinoma PFAS.pdf HL&C 2/2/2022 5:15:00 PM
SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131 Support Research-PFAS Italian Study.pdf SCRA 5/6/2021 3:30:00 PM
SB 131
SB 131- Presentation 5.6.21.pdf SCRA 5/6/2021 3:30:00 PM
SB 131
HB 10 U.S. Support Research-Nat'l Park Service Info on Private Property on Funter Bay 5.5.2021.pdf SCRA 5/6/2021 3:30:00 PM
HB 10
HB 10 Support Research- Detail of Funter Bay Topo Map 5.5.2021.pdf SCRA 5/6/2021 3:30:00 PM
HB 10
SB 131 Support Letter- AKPFFA.pdf SCRA 5/6/2021 3:30:00 PM
SB 131