01/20/2012 09:00 AM Senate FINANCE

SENATE BILL NO. 103                                                                                                           
                                                                                                                                
     "An Act amending the medical examination requirements                                                                      
     for firefighters entitled to a presumption of                                                                              
     compensability for a disability resulting from certain                                                                     
     diseases."                                                                                                                 
                                                                                                                                
10:04:08 AM                                                                                                                   
                                                                                                                                
SENATOR HOLLIS FRENCH, introduced SB  103. He stated that in                                                                    
2003,  the Alaska  Legislature passed  statutory changes  to                                                                    
the  Workers' Compensation  program to  provide firefighters                                                                    
with the presumption of  compensability for certain diseases                                                                    
that were  documented to occur  as a result  of occupational                                                                    
exposures  to  smoke and  chemicals  in  the performance  of                                                                    
their  duties. It  was the  intent of  the legislature  that                                                                    
this  benefit be  available to  firefighters who  had served                                                                    
for seven years  and who had received  any required physical                                                                    
examinations  during  that  seven year  period.  However,  a                                                                    
wording change  made by one committee  had the unanticipated                                                                    
effect of  narrowing the scope of  covered firefighters only                                                                    
to those  who had had an  initial physical exam at  the time                                                                    
of  hire. This  effect  was not  intentional  and was  never                                                                    
discussed in that committee or  in any following committees.                                                                    
Instead, it  became an issue when  the Workers' Compensation                                                                    
Board established program regulations.                                                                                          
                                                                                                                                
Senator French  stated that in recognizing  the problem, the                                                                    
Workers' Compensation  Board passed a  resolution supporting                                                                    
an  amendment  to  the  law to  allow  any  firefighter  who                                                                    
entered  active  service  as  a  firefighter  prior  to  the                                                                    
effective   date  of   AS  23.30.121   the  presumption   of                                                                    
compensability if  during the years prior  to enactment, the                                                                    
firefighter  received all  required  examinations and  those                                                                    
examinations did  not show evidence  of the diseases  in the                                                                    
first seven years of employment.                                                                                                
                                                                                                                                
Senator French pointed  out that the second  change the bill                                                                    
would  make would  be to  clarify  that the  law applied  to                                                                    
state as well as municipal firefighting agencies.                                                                               
                                                                                                                                
Co-Chair  Stedman stated  that there  were three  new fiscal                                                                    
notes   from  the   Department   of   Labor  and   Workforce                                                                    
Development, Administration, and the University of Alaska.                                                                      
                                                                                                                                
DOUG   SCHRAGE,   UNIVERSITY   OF  ALASKA   FAIRBANKS   (via                                                                    
teleconference), spoke in  favor SB 103. He said  it was not                                                                    
clear if  the student  firefighter would  be covered  in the                                                                    
bill.                                                                                                                           
                                                                                                                                
TOM  WESCOTT,  DIRECTOR,  ALASKA  PROFESSIONAL  FIREFIGHTERS                                                                    
(via teleconference), spoke in favor of SB 103.                                                                                 
                                                                                                                                
Senator Thomas wondered  if there was a  regular sequence of                                                                    
tests that  were administered to firefighters,  based on the                                                                    
high  risk  of  cancer  and  respiratory  problems.  Senator                                                                    
French  responded  that   firefighters  were  given  regular                                                                    
medical exams, but  noted that the bill  only included full-                                                                    
time  firefighters. He  stressed  that  if the  firefighters                                                                    
attended the exams that were  offered to them, they would be                                                                    
given the presumption.                                                                                                          
                                                                                                                                
Senator Olson  queried the  cost to  individual communities.                                                                    
Senator French  responded that the  bill attempted  to cover                                                                    
any costs incurred to communities.                                                                                              
                                                                                                                                
Senator Olson asked if  emergency medical technicians (emts)                                                                    
would  be  covered  as well.  CINDY  SMITH,  STAFF,  SENATOR                                                                    
HOLLIS  FRENCH, responded  that the  emts were  dropped from                                                                    
the original bill in 2008.                                                                                                      
                                                                                                                                
Senator  Egan asked  if  emts who  step  in as  firefighters                                                                    
would be  covered. Senator French felt  that the delineation                                                                    
would fall to the  municipalities when determining who would                                                                    
be considered a fulltime firefighter.                                                                                           
                                                                                                                                
10:18:42 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  requested information  regarding potential                                                                    
impacts to the municipalities.                                                                                                  
                                                                                                                                
SB  103  was  HEARD  and   HELD  in  Committee  for  further                                                                    
consideration.