05/05/2006 08:16 AM Senate L&C
| Audio | Topic |
|---|---|
| Start | |
| HB31 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 5, 2006
8:16 a.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Ben Stevens
Senator Johnny Ellis
Senator Bettye Davis
MEMBERS ABSENT
Senator Ralph Seekins, Vice Chair
COMMITTEE CALENDAR
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31(FIN)
"An Act relating to the presumption of coverage for a workers'
compensation claim for disability as a result of certain
diseases for certain occupations."
MOVED SCS CSSSHB 31(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 31
SHORT TITLE: WORKERS' COMP: DISEASE PRESUMPTION
SPONSOR(s): REPRESENTATIVE(s) ANDERSON
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) L&C, HES, FIN
02/09/05 (H) L&C AT 3:15 PM CAPITOL 17
02/09/05 (H) Heard & Held
02/09/05 (H) MINUTE(L&C)
03/04/05 (H) SPONSOR SUBSTITUTE INTRODUCED
03/04/05 (H) READ THE FIRST TIME - REFERRALS
03/04/05 (H) L&C, HES, FIN
03/04/05 (H) L&C AT 3:15 PM CAPITOL 17
03/04/05 (H) Moved Out of Committee
03/04/05 (H) MINUTE(L&C)
03/07/05 (H) L&C RPT 4DP 3NR
03/07/05 (H) DP: CRAWFORD, LYNN, GUTTENBERG,
ANDERSON;
03/07/05 (H) NR: KOTT, LEDOUX, ROKEBERG
03/29/05 (H) HES AT 3:00 PM CAPITOL 106
03/29/05 (H) Moved Out of Committee
03/29/05 (H) MINUTE(HES)
04/01/05 (H) HES RPT 2DP 1DNP 1NR
04/01/05 (H) DP: ANDERSON, MCGUIRE;
04/01/05 (H) DNP: WILSON;
04/01/05 (H) NR: KOHRING
04/21/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/21/05 (H) Moved CSSSHB 31(FIN) Out of Committee
04/21/05 (H) MINUTE(FIN)
04/22/05 (H) FIN RPT CS(FIN) 3DP 4NR
04/22/05 (H) DP: HAWKER, CROFT, STOLTZE;
04/22/05 (H) NR: WEYHRAUCH, JOULE, KELLY, CHENAULT
03/30/06 (H) TRANSMITTED TO (S)
03/30/06 (H) VERSION: CSSSHB 31(FIN)
03/31/06 (S) READ THE FIRST TIME - REFERRALS
03/31/06 (S) L&C, FIN
04/20/06 (S) L&C AT 1:30 PM BELTZ 211
04/20/06 (S) Heard & Held
04/20/06 (S) MINUTE(L&C)
05/02/06 (S) L&C AT 1:30 PM BELTZ 211
05/02/06 (S) Heard & Held
05/02/06 (S) MINUTE(L&C)
WITNESS REGISTER
Heath Hilyard, Staff
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained changes in Senate Committee
Substitute for HB 31.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 8:16:58 AM. Present were Senators
Johnny Ellis, Bettye Davis, and Chair Con Bunde. Senator Ben
Stevens arrived shortly thereafter.
CSSSHB 31(FIN)-WORKERS' COMP: DISEASE PRESUMPTION
CHAIR CON BUNDE announced HB 31 to be up for consideration.
SENATOR JOHNNY ELLIS moved SCS CSSSHB 31, Version \S as the
working document.
CHAIR BUNDE announced that without objection, Version S was
before the committee and then recognized Mr. Hilyard.
8:17:37 AM
HEATH HILYARD, staff to Representative Anderson, explained that
Version S addresses the concerns that were expressed previously.
He said he would highlight where the specific issues were
addressed.
First there was concern about the differentiation regarding the
10-year employment requirement. Originally that only applied to
cancers and not to respiratory or cardiovascular issues. That is
addressed on page 2, lines 17-20. The term "disease" replaces
the term "cancer" and applies to all the diseases listed on page
2 so there would be a 10-year employment requirement for all the
diseases listed. Also, lines 21-23 regarding qualifying medical
examinations applies to all diseases and not just the cancers.
There was also question about the applicability of the
presumptions with regard to peace officers versus firefighters.
There was particular confusion on page 2, starting on line 29.
That presumption applies to the contagious diseases listed on
page 3. The presumption regarding cancers and respiratory
diseases applies only to fire fighters and can be found on page
1, starting on line 13. The cancers and respiratory diseases
apply only to fire fighters. The infectious diseases on page 3
apply to peace officers as well, he said.
The Department of Labor expressed concern at the lack of
definition for firefighter. Page 3, line 28 clarifies that "fire
fighter" has the same meaning is defined in AS 09.65.295. Mr.
Hilyard read the following definition from subsection (c):
..."fire fighter" means a person employed by a
municipal fire department or who is a member of a
volunteer fire department registered with the state
fire marshal, or a person registered for purposes of
workers' compensation with the state fire marshal as a
member of a volunteer fire department.
MR. HILYARD said his last point is in reference to a previous
response he had given to Senator Seekins related to the
presumptions and applicability of the infectious diseases. He
clarified that Section 1 provides that all the presumptions are
rebuttable and that a number of factors such as weight,
lifestyle, tobacco use, and hereditary factors may be taken into
consideration.
8:21:09 AM
CHAIR BUNDE noted that Senator Ben Stevens had arrived shortly
after the meeting convened.
SENATOR BUNDE reiterated that all the claims are rebuttable.
Workers' compensation wouldn't be automatic even if, for
example, a person worked for the fire department for 10-years
and then contracted a listed disease or a cancer. The person
would be required to go through a particular process to show
some nexus between the illness and the employment.
MR. HILYARD agreed; a qualifying medical examination would be
required and absent that the presumption would be absent.
8:22:15 AM
CHAIR BUNDE closed public testimony and stated that with the
aforementioned changes the bill could move from committee with
reduced concern about the impacts to municipalities and workers'
compensation. He asked for a motion.
8:22:32 AM
SENATOR ELLIS moved to report SCS CSSSHB 31(L&C) and attached
zero and indeterminate fiscal notes from committee with
individual recommendations. Senator Davis, Senator Ben Stevens,
Senator Ellis, and Chair Bunde voted yea and it was so ordered.
There being no further business to come before the committee,
Chair Bunde adjourned the meeting at 8:25:29 AM.
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