05/13/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

        SB 131-WORKERS' COMP DISABILITY FOR FIREFIGHTERS                                                                    
                                                                                                                                
4:41:37 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."                                                                                             
                                                                                                                                
She noted  who was  available to answer  questions and  asked the                                                               
sponsor if he had any comments.                                                                                                 
                                                                                                                                
4:42:14 PM                                                                                                                    
SENATOR ROGER HOLLAND, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor  of  SB  131,  stated  that being  a  firefighter  is  an                                                               
inherently dangerous  career. He  reported that between  2002 and                                                               
2019, 66  percent of the  line-of-duty deaths were  attributed to                                                               
some form  of cancer. SB  131 seeks to  add breast cancer  to the                                                               
statutory   list   of   presumptive   causes   of   disease   for                                                               
firefighters.   The  disease   is  not   gender  specific;   male                                                               
firefighters are  7.5 times more  likely to die of  breast cancer                                                               
than a male  who does not work as a  firefighter. He acknowledged                                                               
that this would  not resolve all the issues  with the presumptive                                                               
coverage laws for firefighters, but said it is a good start.                                                                    
                                                                                                                                
4:43:46 PM                                                                                                                    
CHAIR HUGHES  asked if he had  had read the letter  of opposition                                                               
from  the  Alaska  Municipal  League  Insurance  Joint  Insurance                                                               
Association.                                                                                                                    
                                                                                                                                
4:44:15 PM                                                                                                                    
SENATOR HOLLAND answered no.                                                                                                    
                                                                                                                                
CHAIR HUGHES  summarized that APEI  said the bill  could increase                                                               
the  cost to  municipalities  and that  regular health  insurance                                                               
provides coverage.  She offered  her understanding that  the bill                                                               
was not expected  to result in increased costs  and suggested Ms.                                                               
Wing-Heier clarify the record.                                                                                                  
                                                                                                                                
4:44:39 PM                                                                                                                    
SENATOR  HOLLAND explained  that workers'  compensation insurance                                                               
covers the  nine presumptive causes  of disease  for firefighters                                                               
as   well  as   other  work-related   hazards.  He   relayed  his                                                               
understanding  that  if  there  were an  increase,  it  would  be                                                               
minimal.                                                                                                                        
                                                                                                                                
4:45:19 PM                                                                                                                    
CHAIR HUGHES asked  him to speak to the point  in the letter that                                                               
the bill removes the burden of proof.                                                                                           
                                                                                                                                
SENATOR  HOLLAND replied  Chief  Benningfield spoke  to the  fact                                                               
that  the  burden  of  proof  is a  high  bar.  Firefighters  are                                                               
required  to  have an  initial  physical  examination and  annual                                                               
examinations for  seven years thereafter  all of which  must show                                                               
no sign  of breast cancer. SB  131 does not address  any of that;                                                               
it  simply adds  breast cancer  to the  list of  nine presumptive                                                               
causes he said.                                                                                                                 
                                                                                                                                
4:46:33 PM                                                                                                                    
SENATOR GRAY-JACKSON  thanked the sponsor  for the bill  and said                                                               
she found it troubling that Kevin Smith stated the following:                                                                   
                                                                                                                                
      We urge you not to impede this progress with another                                                                      
         generous benefit to firefighters for a largely                                                                         
     hereditary disease.                                                                                                        
                                                                                                                                
CHAIR HUGHES  asked MS.  Wing-Heier to  comment on  the statement                                                               
that  SB 131  will increase  costs for  municipalities. She  said                                                               
that was  not her  understanding, based  on testimony  during the                                                               
previous hearing.                                                                                                               
                                                                                                                                
4:47:42 PM                                                                                                                    
LORI WING-HEIR,  Director, Division  of Insurance,  Department of                                                               
Commerce, Community and  Economic Development (DCCED), Anchorage,                                                               
Alaska, confirmed  that adding breast  cancer to  the presumptive                                                               
list was  not expected to  increase costs to  municipalities. She                                                               
acknowledged  that  it was  a  possibility  if the  incidence  of                                                               
breast cancer increased exponentially but  the data has not shown                                                               
there  would be  an increase.  Further, when  different types  of                                                               
cancer were added previously, the  division did not see that many                                                               
cases. She  referenced an email  from Director Collins  that said                                                               
there  has only  been  one  case of  breast  cancer  in the  last                                                               
several years.  She noted that  rates overall have come  down the                                                               
last four years.                                                                                                                
                                                                                                                                
CHAIR HUGHES asked  Mr. Collins if he expects SB  131 to increase                                                               
costs for municipalities.                                                                                                       
                                                                                                                                
4:48:59 PM                                                                                                                    
CHARLES  COLLINS, Director,  Division  of Workers'  Compensation,                                                               
Department of  Labor and  Workforce Development  (DOLWD), Juneau,                                                               
Alaska, agreed  with Director Wing-Heier  and highlighted  that a                                                               
research  brief   from  the  National  Council   on  Compensation                                                               
Insurance (NCCI) found no effect  on rates when breast cancer was                                                               
included  as  a  presumption.  He  noted  that  since  2016,  the                                                               
division  has  accepted  five instances  of  cancer  as  workers'                                                               
compensation injuries. He offered his  belief that SB 131 was the                                                               
right thing to do at the right time.                                                                                            
                                                                                                                                
4:51:11 PM                                                                                                                    
SENATOR HOLLAND  stated a firefighter who  meets the requirements                                                               
should have coverage.                                                                                                           
                                                                                                                                
CHAIR HUGHES  suggested he communicate with  the Alaska Municipal                                                               
League Joint  Insurance Association  to relay Ms.  Wing-Heier and                                                               
Mr. Collin's testimony that the  bill is not expected to increase                                                               
costs to  municipalities. Their letter  assumes there will  be an                                                               
increase.                                                                                                                       
                                                                                                                                
4:52:05 PM                                                                                                                    
CHAIR HUGHES  opened public  testimony on  SB 131;  finding none,                                                               
she closed public testimony. She  advised written testimony could                                                               
be sent to [email protected].                                                                                                      
                                                                                                                                
CHAIR HUGHES asked the will of the committee.                                                                                   
                                                                                                                                
4:52:41 PM                                                                                                                    
SENATOR MYERS  moved to  report SB  131, work  order 32-LS0598\A,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
4:52:55 PM                                                                                                                    
CHAIR HUGHES found no objection and SB 131 was reported from the                                                                
Senate Community and Regional Affairs Standing Committee.