Legislature(2017 - 2018)BUTROVICH 205
03/02/2017 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB26 | |
| SJR2 | |
| SB48 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 2 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 26 | TELECONFERENCED | |
SB 48-INS. FOR DEPENDS. OF DECEASED FIRE/POLICE
4:30:03 PM
CHAIR DUNLEAVY called the committee back to order. He announced
the consideration of SB 48, and noted that the bill has a
committee substitute (CS).
4:30:11 PM
SENATOR GIESSEL moved to adopt the work draft CS for SB 48,
version O.
CHAIR DUNLEAVY objected for discussion purposes.
4:30:31 PM
CHRISTA MCDONALD, Staff, Senator Mike Dunleavy, Alaska State
Legislature, Juneau, Alaska, reviewed the CS for SB 48. She
summarized the changes from the CS as follows:
· Changed the term "police officer" to "peace officer" in
order to extend the benefits to probation and correctional
officers.
· Consistently uses the term "major medical" throughout the
bill's work draft.
· Changed the annual deadline for the commissioner to
determine the amount of money sufficient to pay premiums to
December 15.
· Eliminates the gap of coverage by removing the requirement
for the surviving dependent having to apply to the
commissioner. After the date of death of a peace officer or
firefighter, the commissioner will have 30 days to
determine continued eligibility.
· Requires annual determination of continued eligibility by
the commissioner. The commissioner may require a surviving
dependent to provide relevant information to determine
continued eligibility.
· Clarified the term year-round by replacing it with,
"Fulltime position for which the state or municipality paid
or expected to pay the employee for 12 month each year."
· Established that a surviving spouse becomes permanently
ineligible for premium payments upon receiving 10 years of
premium payments, becoming eligible to receive major
medical insurance, or by reaching the age of 65, whichever
of those come first.
· Removed the word "immediately" to clarify that the
municipality may elect to participate in the fund at any
time.
· Expanded the definition of "firefighter" to, "An employee
of the state or municipality whose primary duty is to
perform fire suppression services."
· Replaced the definition of "police officer" with a new
definition for "peace officer."
4:32:37 PM
CHAIR DUNLEAVY removed his objection and announced that the CS
was adopted without objection.
SENATOR COGHILL, sponsor of SB 48, explained that the CS is a
result of trying to find ways to bring the bill in consistent
language; for example, the use of the terms, "medical" and
"major medical," the two terms have different meanings. He
specified that "major medical" was coverage without eye care and
dental care.
He opined that the care should be continuous, but with
limitations. He said he did not know if 10-year eligibility is
perfect, but determined that the period is consistent across the
U.S. as well as being used in a previous bill. He added that he
did not want the youngsters caught up in the 10-year limitation
by providing eligibility until age 26 or if insurance is
obtained from a job.
SENATOR COGHILL asserted that the legislation allows for the
best way to provide immediate care. He remarked that he was
disturbed when he heard that the month a trooper died his family
found out that they were without health insurance.
He provided additional details on SB 48 as follows:
· The presumption is coverage is provided until the
commissioner determines that there is an eligibility
problem, an easier determination for a commissioner to
make.
· Expands to correctional officers because they transport
dangerous criminals to and from jail.
· Allows municipalities to figure out a way to retroactively
pick up those that previously had the unfortunate
circumstances found in the bill.
· Requires the commissioner to annually tell the Legislature
what is in the fund.
· The fund rolls over and grows rather than being swept back
into the Constitutional Budget Reserve (CBR); however,
appropriation is up to the Legislature.
· Annual review by the commissioner determines continued
eligibility due to marriage, turning 65, or hitting the 10-
year mark. The review by the commissioner is a way to make
sure that there is communication.
· Changed eligibility from year-round employee to fulltime
employee. Providing coverage for a person that does
dangerous, fulltime work for 5 months or 8 months is
appropriate.
He summarized as follows:
It's a little different approach then what the other
body is doing, but I'm trying to stay independent and
just think through, "Okay, if I was a mayor and I had
to hire them, how would I deal with this thing?"
because what we are doing is we are actually paying a
premium for somebody to get an extended benefit, which
I think is entirely appropriate, but it should have
some limitations and I'm trying to decide the best
limitations that we can do and still make sure that
people are being taken care of well, it's just a way
to honor people the best way we can.
4:38:44 PM
SENATOR GIESSEL noted that in section 1, page 3, lines 6-9, the
sentence says, "On the day employee's death, the employee was
employed by the state or a municipality that was elected to
participate in a permanent fulltime position for which the state
or municipality paid or expected to pay the employee for 12
months each year." She asked if an individual worked in a
seasonal position for only four months that had an unfortunate
loss of life would be eligible.
SENATOR COGHILL clarified that a permanent-fulltime employee
would be covered. He noted that he would verify if a permanent
employee that worked seasonally would be covered.
SENATOR WILSON commented that he appreciated the change from
"police" to "peace officer" so that correctional and probation
officers are included.
SENATOR COGHILL explained that the focus is on people who are in
unpredictable and dangerous circumstances to make sure families
are not left high and dry. He conceded that fallen firefighters
or troopers have other benefits, but health care was a dramatic
empty spot. He explained that he was made aware when the wife of
a fallen trooper, constituents of his, was left languishing. He
said he made a commitment to do whatever he could to find the
best way to move forward. He explained that the coverage is
outside of the Public Employee Retirement System (PERS) because
the coverage cannot actuarily work in Alaska. He said the good
news is the state has too few people, but the bad news is there
are people that need coverage and the state must make sure they
are taken care of. He specified that the fund allows both
municipalities and the state to add into the fund that can be
drawn out immediately to pay the premiums for health care.
4:42:31 PM
CHAIR DUNLEAVY opened public testimony for SB 48.
4:43:23 PM
PAT HOLMES, representing self, Kodiak, Alaska, testified in
support of SB 48. He asked that Fish and Game field-staff be
considered for coverage as well. He disclosed historical
fatality records for Fish and Game field-staff.
4:46:45 PM
BRANDY JOHNSON, representing self and family, Fairbanks, Alaska,
read the following statement in support of SB 48:
I am testifying in support of SB 48 on behalf of
myself, my three daughters, my deceased husband, Scott
Johnson, surviving families of past and future line-
of-duty state troopers as well as law enforcement
officers in the State of Alaska.
On May 1, 2014, my husband, Scott Johnson and Gabe
Rich were murdered while in the performance of their
job in Tanana, Alaska. Scott's job was that of a
sergeant with the Alaska State Troopers, he had worked
as a state trooper for over 21 years with a total of
over 23 years vested in the public employee's
retirement system. He could have retired with 20 years
of service; however, Scott and I decided that he
should work another 5 years to gain the medical
benefits for our family after the 25-year mark as a
Tier II employee, it was while trying to obtain this
promised benefit goal that Scott was ambushed and
killed. Scott would have retired this past October
with major medical benefits for himself and our
family.
I had asked the state troopers assisting me after
Scott was killed if my family still had health
insurance, I initially was told that I was set for
life by one lieutenant; however, that was not the
case. I was later told that my family's benefits would
expire at the end of the month. I was disappointed and
angry, my choices were to pay $1,150 per month for the
retirement, major medical health care that he would
have received in a year and a half at no cost as a
retirement benefit, or $1,700 for full-coverage
[Consolidated Omnibus Budget Reconciliation Act]
(COBRA). What is frustrating is the person who shot my
husband to death and his father, who desecrated my
husband's dead body, while incarcerated have medical
care available at no cost to them as their families
also have free health care. I felt Scott's last three
years of service were all for nothing.
Scott always took his responsibilities very seriously
to protect the people of Alaska. I believed upon his
death the state would also take responsibility to now
take care of his family; graciously, the State of
Alaska has these two and a half years until the gap in
law could be resolved. Our family has paid the price
for this benefit. We have paid into the PERS
retirement system. We have paid with the endless call-
outs whether it be K-9, [Special Emergency Reaction
Team] (SERT), or one of the many other specialized
emergency responses Scott was involved with; this is
called, "To give of yourself for the sake of others."
I am here today asking for your support of SB 48; this
bill is more than what I have advocated the
Legislature for as a health benefit. SB 48 provides
full-coverage health insurance that takes care of
young surviving families that need the well-child
check-ups. The retirement health-care plan was not a
long-term solution; it was a band-aide so to say and a
safety net in case of a major-medical emergency. SB 48
will ensure that another surviving spouse does not
have to experience what I have; they will have the
assurance that their children will be taken care of if
there was a health emergency.
I would like to state my concern over one word in the
legislation, the word is "may" on page 3, line 27. As
a surviving spouse, I wouldn't want to hear "may elect
to participate." I have been left wondering about so
much in regard to life. By changing one word to
"shall" would provide a great sense of security and
comfort to past and future surviving spouses.
Thank you for your time and your consideration of this
important legislation.
4:50:36 PM
SENATOR COGHILL noted that Ms. Johnson had referenced the bill's
older version prior to the CS.
SENATOR GIESSEL pointed out that the language Ms. Johnson
referenced was on page 4, line 6.
4:51:47 PM
DAVID PRUHS, City Council Member, City of Fairbanks, Alaska,
testified in support of SB 48. He shared that the City of
Fairbanks also had a tragedy with the passing of Officer Brandt
where his insurance terminated immediately. He disclosed that
the City of Fairbanks took it upon itself to fund Mr. Brandt's
family's insurance for 2016, 2017, and most likely in 2018. He
noted that he did not review the CS for SB 48. He said he was
concerned about unfunded mandates to the City of Fairbanks and
possibly for carrying the cost of insurance to the Brandt family
through 2038. He asked that he have an opportunity to meet
privately with Senator Coghill to find a solution. He added that
the City of Fairbanks is talking about having a specific
insurance policy in its contracts with police officers to have
their insurance premiums funded throughout the life of their
spouses and for children up to the age of 26.
SENATOR COGHILL replied that SB 48 is not a mandate. He
explained that the bill has an opt-in for municipalities that
allows for a retroactive "look back." He detailed that the fund
is managed by the state, but the municipalities would have to
fund. He suggested that Mr. Pruhs review the bill's CS.
4:54:14 PM
PAULA JOHNSON, representing self and family, Fairbanks, Alaska,
read the following statement in support of SB 48:
Good afternoon, my name is Paula Johnson. Scott was my
brother in-law for almost 22 years until he was
murdered in the line of duty in Tanana, Alaska on May
1, 2014. Upon Scott's death, he was past his 20 years
with the state and could have retired prior to May 1,
2014. Prior to Scott's passing, he stood in his house
in a personal conversation and told me he is choosing
to put the extra five years in so he could retire with
full medical benefits for his family. Scott prided
himself in taking care of his family being the sole
wage earner so Brandy could stay home and raise their
three girls, this was very important to him and
Brandy. If Scott had not died in the line of duty on
May 1, 2014, he would have already retired and his
family would have full medical benefits. To fund SB 48
is the right thing to do for the family of slain
officers.
4:55:45 PM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League,
Juneau, Alaska, testified in support of SB 48. She said AML
appreciates that the bill is not an unfunded mandate. She noted
that many municipalities are behind in their worker's
compensation bills and new bills will simply not be paid. She
opined that every municipality seems to have had a police or
firefighter tragedy, but have "stepped up to the plate" and in
turn made communities stronger.
4:57:56 PM
SUSAN HECKS, Executive Director, Southern Region Emergency
Medical Services Unit (EMS) Council, Inc., Division of Public
Health, Alaska Department of Health and Social Services,
Anchorage, Alaska, testified in support of SB 48. She explained
that the State of Alaska is divided into seven-EMS regions and
the Southern Region EMS Council is one of the seven. She stated
that she was representing the seven regions. She added that the
EMS Regional Coordinators/Directors support SB 48 in addition to
her testimony. She stated that she supported the definition
change of "firefighter," but remarked that there was one aspect
missing from the bill regarding EMS personnel. She explained
that there are many EMS personnel who are not firefighters, but
they are also exposed to the same dangerous situations. She
asked that EMS personnel be included in SB 48.
5:00:49 PM
CHAIR DUNLEAVY stated that he would hold SB 48 for future
consideration, and public testimony would remain open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 48 - DOA Fiscal Note.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| SB 48 - DPS Updated Fiscal Note.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| SB 48 - Letter of Support Teamsters Local 959.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| SB 48 - Brandy Johnson Testimony.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| SJR 2 -Mitchell, Mercatus Testimony.pdf |
SSTA 3/2/2017 3:30:00 PM |
SJR 2 |
| SB 48 - Mayor Matherly Letter of Support.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| CS SB 48, Version O.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |
| SB 48 - STA CS Summary of Changes.pdf |
SSTA 3/2/2017 3:30:00 PM |
SB 48 |