Legislature(2017 - 2018)BARNES 124
03/29/2017 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| HB126 | |
| HB142 | |
| HB103 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 142 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 103 | TELECONFERENCED | |
HB 126-ORGANIZED MILITIA: WORKERS COMPENSATION
3:25:14 PM
CHAIR KITO announced that the next order of business would be CS
FOR HOUSE BILL NO. 126(MLV) "An Act relating to workers'
compensation benefits for members of the organized militia."
3:25:37 PM
REPRESENTATIVE TUCK noted that when the legislature modernized
the judicial system for the military during the last legislative
session, it recognized the need for other changes to the current
military code. He read the sponsor statement, which read as
follows [original punctuation provided]:
The Alaska State Legislature and Department of
Military and Veterans' Affairs have been working
together to modernize the 1955 Alaska Military Code by
providing statutory changes that will better serve our
Alaska organized militia.
House Bill 126 would expand workers' compensation
coverage to the organized militia while they are
participating training exercises. Currently, Alaska
statutes already provides workers' compensation
coverage during active state service, but not during
training. By expending [sic] this protection, we could
potentially provide a fiscally significant coverage
and save the state money in the future.
This issue came to light during an incident when a
member of the Alaska State Defense Force suffered an
injury during a training exercise that led to his
inability to work. Since workers' compensation was not
available, this injury ultimately cost the state twice
the amount of the entire annual budget of the Alaska
State Defense Force. The Risk Management Division of
the Alaska Department of Administration estimates
there would be little to no additional cost to cover
the Alaska State Defense Force members under existing
state workers' compensation policies.
As we face tight fiscal times, it is important that we
are taking steps to ensure cost savings where we can
and pass responsible legislation that will protect
Alaskans.
REPRESENTATIVE TUCK stated that this was one of four bills
updating the Military Code of Alaska; HB 126 would expand
workers compensation for the militia and save the state money.
3:28:13 PM
REPRESENTATIVE SULLIVAN-LEONARD asked if there were any
statistics on members that were injured during training within
the last 10 years.
3:28:33 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
HB 126, said that currently the Alaska State Defense Force
(ASDF) has 76 members that participate and that the only known
incident was a leg injury. She noted that the injured
individual intended to bring the matter to court, but the case
eventually settled out of court. She said it was this case that
brought the bill to life. She made the point that if the state
is going to cover members during their active state service,
then it will want to cover them for their training as well.
REPRESENTATIVE SULLIVAN-LEONARD requested confirmation that the
injury described was the only one in the last 10 years.
MS. KLOUSTER stated that it was the only one of which she was
aware. She suggested Department of Military and Veterans'
Affairs Deputy Commissioner Bob Doehl could confirm this.
3:29:59 PM
ROBERT DOEHL, Deputy Commissioner, Department of Military and
Veterans' Affairs (DMVA), stated that the department supports HB
126 as it provides predictability and sound risk management for
the training activities of ASDF. He remarked that even one
injury can be "budget busting," as was evidenced in the
previously discussed case. He also stated that the proposed
bill would create parity with volunteer search and rescue
groups, volunteer firefighters, and the [Alaska] National Guard,
all of which are in a paid status with federal training.
3:31:39 PM
REPRESENTATIVE WOOL asked if anyone could provide him with
information on the militia in Alaska; for example, what it does,
how many members exist, and how it differs from the National
Guard.
3:32:06 PM
DEPUTY COMMISSIONER DOEHL said that the organized militia in
Alaska consists of four components; the best known being the Air
and Army National Guards, which make up about 4,000 members
combined. The two lesser known components are the Alaska Naval
Militia made up of Navy and Marine Corps reservists, and ASDF,
which is the group to which this bill pertains. He stated that
ASDF is a state-only militia, having no federal affiliation, and
it trains to augment the National Guard at times when disaster
response needs exceed the capacity of the National Guard. He
stated that ASDF has communications detachments running high
frequency and satellite radios, water purification units, and
generators, and recently ASDF ran the phone bank for the
disaster assistance center after the storms in Gambell and
Savoonga. Their duties of ASDF include basic first aid and
other training. Last year during the fires, ASDF ran shelter
management at evacuation points. Deputy Commissioner Doehl said
that members are paid only when they are in active duty
assisting in a disaster; preparation for a disaster is performed
on their own time.
3:33:39 PM
REPRESENTATIVE WOOL asked how ASDF's schedule is different from
the National Guard, regarding whether their training periods are
specified or as needed.
DEPUTY COMMISSIONER DOEHL responded by saying that ASDF's
training consists of one weekend each month to be ready for a
disaster. He explained that unlike the National Guard, ASDF
members do not deploy or go to federal training but may have
periods of annual training greater than the one weekend each
month or take courses like officer candidate school. Training
is specialized. He said currently ASDF does not have weapons
training like the National Guard.
REPRESENTATIVE WOOL asked if ASDF members are paid for training.
DEPUTY COMMISSIONER DOEHL answered that they are not paid at all
when in training; they are only paid when performing actual
operational duties. All training time is volunteer time, which
adds up to thousands of hours among all the volunteers.
3:35:01 PM
REPRESENTATIVE KNOPP inquired further about the general nature
of ASDF training. He stated that he did not want to refer to it
as administrative or clerical; however, it did not appear to be
the same as the training or fieldwork provided to the National
Guard and Reserves.
DEPUTY COMMISSIONER DOEHL offered his understanding that ASDF
members are trained in the field rather than at a desk setting
when, for example, operating generators or other equipment,
performing litter drills, or providing first aid training. He
also included the example of [members] setting up a high
frequency radio and erecting an antenna in a field expedient
site. He said that they don't, for example, work in protective
chemical gear, but that there are some physically demanding
requirements for working in an emergency environment.
3:36:14 PM
COLONEL JOHN JAMES, Commander, Alaska State Defense Force
(ASDF), Department of Military & Veterans' Affairs (DMVA),
confirmed that Deputy Commissioner Doehl's comments were "spot
on." He added that ASDF augments the National Guard when the
latter has "capability gaps" or personnel shortages. While some
of the responsibilities include administrative duties or perhaps
operating a radio, there are times when ASDF augments the
National Guard in the field with more strenuous types of duties.
He said their purpose is to augment and be a force multiplier
for the National Guard, and the department feels this is how
they can be most effective.
3:37:08 PM
REPRESENTATIVE WOOL noted the zero-fiscal note and asked how
there can be zero cost when the state would be providing
workers' compensation benefits.
3:37:27 PM
REPRESENTATIVE TUCK said he would let the Department of
Administration respond to that question.
3:37:52 PM
MARIE MARX, Director, Division of Workers' Compensation,
Department of Labor & Workforce Development (DLWD), said there
were a few fiscal notes Chair Kito attached to this bill. One
is from the Division of Workers' Compensation, which administers
but does not pay workers' compensation benefits. It is a zero
fiscal note because the bill would not require any change in the
administration of the Alaska Workers' Compensation Act. She
then deferred to the Division of Risk Management, which she
described as the employer arm of the state, to speak to its own
fiscal note. She said the Division of Risk Management is the
entity that would pay benefits if there was a work injury or
death.
3:38:44 PM
SCOTT JORDAN, Director, Division of Risk Management, Department
of Administration (DOA), said that the Division of Risk
Management covers similar groups, such as Search and Rescue for
the Department of Public Safety (DPS) and some Emergency Medical
Technicians, and they are not calculated as full-time employees
(FTEs). He said that the militia members in question are
already covered for active duty, and adding coverage for
training is a low risk, which is the reason for a zero fiscal
note. He added that Risk Management has no way of calculating
the risk for these people, because they are not calculated into
the FTEs of their departments.
3:39:56 PM
REPRESENTATIVE KNOPP stated his understanding is that workers'
compensation typically extends to employees and the cost is
covered by employer/employee contributions; however, in this
case the legislature is being asked to extend that benefit to
volunteers that are not employees and are not compensated unless
they are on official business. He said this situation brings to
mind a discussion held about extending the "life benefits" for
non-profit emergency medical service members that respond to
accidents on the highway, in the same fashion as public safety
officers, yet don't receive the same benefits as the public
safety officers. He asked if it would be normal to extend this
type of benefit to volunteers or if the legislature would be
creating a precedence.
MR. JORDAN said it would be normal for them to do this for
volunteers and would not create a precedence by providing
workers' compensation for this group. He said the Division of
Risk Management is self-insured and its rates are different from
what you might see at a private entity. The division insures
several volunteer groups, like search and rescue, emergency
medical technicians operating in an unincorporated city, and
even high school students involved in work programs within the
state.
3:42:09 PM
CHAIR KITO announced that HB 126 was held over.