Legislature(2005 - 2006)HOUSE FINANCE 519

04/21/2005 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 13 SCHOOL CONSTRUCTION BOND REIMBURSEMENT TELECONFERENCED
Heard & Held
<Rescheduled from 4/20>
+= HB 187 AMERADA HESS INCOME; CAPITAL INCOME ACCT. TELECONFERENCED
Heard & Held
+ HB 31 WORKERS' COMP: DISEASE PRESUMPTION TELECONFERENCED
Moved CSSSHB 31(FIN) Out of Committee
+ HB 231 HUMAN SERVICES GRANT ELIGIBILITY TELECONFERENCED
Heard & Held
+ HB 101 SEX TRAFFICKING AND TOURISM TELECONFERENCED
<Bill Hearing Postponed>
+ HB 53 CHILDREN IN NEED OF AID/REVIEW PANELS TELECONFERENCED
<Bill Hearing Postponed to 4/22>
Bills Previously Heard/Scheduled
HOUSE BILL NO. 31                                                                                                             
                                                                                                                                
     "An Act relating to the presumption of coverage for a                                                                      
     workers' compensation claim for disability as a result                                                                     
     of certain diseases for certain occupations."                                                                              
                                                                                                                                
JON  BITTNER, STAFF,  REPRESENTATIVE TOM  ANDERSON, read  the                                                                   
sponsor statement (copy on file.)   He shared examples of the                                                                   
dangers of being  a firefighter and the  increased likelihood                                                                   
of  contracting  cancer.    HB  31  provides  presumption  of                                                                   
coverage for  first responders and firefighter,  shifting the                                                                   
burden of  proof from them to  their employers.   He referred                                                                   
to a  study in the committee  members' packets,  which showed                                                                   
no  significant fiscal  impact  in other  states.   He  urged                                                                   
support of the bill.                                                                                                            
                                                                                                                                
Vice-Chair Stoltze  asked who  this legislation covers.   Mr.                                                                   
Bittner replied  that the intent  of the sponsor is  to cover                                                                   
as many first  responders as possible, but  all firefighters.                                                                   
There  is a  new  presumption  on page  2,  line 27-8,  which                                                                   
states  coverage for  police  officers and  emergency  rescue                                                                   
personnel.                                                                                                                      
                                                                                                                                
3:53:54 PM                                                                                                                    
                                                                                                                                
Representative Hawker  MOVED to ADOPT  the new CS for  HB 31,                                                                   
labeled 24-LS0225\I.   There  being NO  OBJECTION, it  was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Mr. Bittner  related two changes in  the new CS.  On  page 2,                                                                   
line  3, "cardiovascular  events"  replaces "heart  disease".                                                                   
On page 2, line 26, the firefighter  has to prove exposure to                                                                   
a know carcinogen.                                                                                                              
                                                                                                                                
3:56:14 PM                                                                                                                    
                                                                                                                                
Representative Hawker  stated full support for  the intent of                                                                   
the  bill.   He  wondered  about  voluntary  self-destructive                                                                   
behavior.   He  referred  to line  10,  regarding  a list  of                                                                   
evidence  of such  behavior and  asked  if that  list is  too                                                                   
limited.  Mr. Bittner noted that  the list is specific to the                                                                   
exclusions.   Representative  Weyhrauch pointed  out that  it                                                                   
reads as  a presumption of coverage  and the burden  of proof                                                                   
is on the insurance company or municipality.                                                                                    
                                                                                                                                
3:59:51 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  asked  if  the  intent  is  to  limit                                                                   
coverage for  these specific examples.   Mr. Bittner  related                                                                   
that these  are the specific  issues mentioned  when drafting                                                                   
the bill.   Representative  Weyhrauch suggested  the wording,                                                                   
"the evidence may include but not be limited to".                                                                               
                                                                                                                                
Representative    Hawker   concurred   with    Representative                                                                   
Weyhrauch,  but noted  that  the  list is  very  broad.   Mr.                                                                   
Bittner  said one  of the  fears was  to make  it too  broad.                                                                   
Representative Weyhrauch gave  an example of smoke inhaled on                                                                   
another fire department job.                                                                                                    
                                                                                                                                
4:03:38 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault agreed that  the list is too wide and would                                                                   
exclude  many  valid  claims.   Representative  Kelly  voiced                                                                   
concern about the cost of workers'  compensation.  He pointed                                                                   
out that most first responders are covered by OSHA.                                                                             
                                                                                                                                
4:06:12 PM                                                                                                                    
                                                                                                                                
Representative Hawker  concluded that he is  comfortable with                                                                   
the language.                                                                                                                   
                                                                                                                                
4:06:46 PM                                                                                                                    
                                                                                                                                
DOMINIC  LOZANO,  ALASKA  FIREFIGHTERS  ASSOCIATION,  related                                                                   
that HB  31 provides  a much-needed  safety  net.  He  shared                                                                   
statistics  about the dangerous  profession of  firefighting.                                                                   
Thirty-eight  other  states  have  this coverage.    He  gave                                                                   
examples  of claims  filed involving  cancer.   He  mentioned                                                                   
studies  regarding   the  higher   incidence  of   cancer  in                                                                   
firefighters.   He  shared studies  from  various states.  He                                                                   
predicted that  Alaska would  have 1,000 claims  a year.   He                                                                   
spoke in support of HB 31.                                                                                                      
                                                                                                                                
4:13:32 PM                                                                                                                    
                                                                                                                                
ERIC  TUOTT, ALASKA  FIREFIGHTERS  ASSOCIATION, testified  in                                                                   
support of HB 31.  He addressed  concerns brought up earlier.                                                                   
He noted  that the bill  is modeled after Washington  state's                                                                   
law.   He referred to the  clause about tobacco  products and                                                                   
addressed a concern  about numbers and screening  for cancer.                                                                   
He pointed  out that  coverage  under Section  C is only  for                                                                   
first  responders, and  the  numbers would  be  limited.   He                                                                   
explained the criteria for qualifying for a claim.                                                                              
                                                                                                                                
4:18:27 PM                                                                                                                    
                                                                                                                                
Mr. Tuott  addressed a  concern by  Representative Kelly  and                                                                   
OSHA controls.   He pointed out that public  safety employees                                                                   
do  not have  OSHA coverage.   He  referenced the  contagious                                                                   
disease portion  of the  bill.  Holding  an EMT license  does                                                                   
not qualify someone for this coverage.                                                                                          
                                                                                                                                
4:20:48 PM                                                                                                                    
                                                                                                                                
Mr.  Tuott addressed  why  this legislation  is  needed.   He                                                                   
referred  to  page  1,  line 9,  where  it  states  that  the                                                                   
presumption of  coverage may be rebutted by  preponderance of                                                                   
the  evidence.     The  language   is  restricted   to  first                                                                   
responders and  applies to claims  that are already  awarded.                                                                   
He urged passage of the bill.                                                                                                   
                                                                                                                                
4:23:10 PM                                                                                                                    
                                                                                                                                
KEVIN  SMITH,  EXECUTIVE DIRECTOR,  ALASKA  MUNICIPAL  LEAGUE                                                                   
JOINT  INSURANCE  ASSOCIATION,  related concerns  about  rate                                                                   
increases.    He  explained who  is  represented  by  workers                                                                   
compensation and addressed complications  of the program.  He                                                                   
pointed  out that  compensation  for these  diseases  already                                                                   
exists.   He suggested  that lifestyle is  a factor  in these                                                                   
diseases.   He said that  a medical exam  is costly  and does                                                                   
not preclude  developing cancer  later on.   He came  up with                                                                   
the number  9,050 as  the total  number of firefighters  that                                                                   
would qualify for the coverage.                                                                                                 
                                                                                                                                
4:30:01 PM                                                                                                                    
                                                                                                                                
Representative  Croft asked  who  should have  the burden  of                                                                   
proof.   For example, he suggested  it would be  difficult to                                                                   
know which  contact led to AIDS.   He opined that it  is fair                                                                   
to cover AIDS  and the burden  of proof should not  be on the                                                                   
first responder.                                                                                                                
                                                                                                                                
Mr. Smith responded that ideally  it would be nice to provide                                                                   
this coverage.  He opined it is  easier now to prove, but the                                                                   
liability is  unfunded.  Representative Croft  suggested that                                                                   
first responders  should be covered.  Mr. Smith  talked about                                                                   
the expense of the worker's compensation system.                                                                                
                                                                                                                                
4:34:24 PM                                                                                                                    
                                                                                                                                
Representative Kelly  asked if the  incidence is so  low, how                                                                   
would  there  be  a  10-20  percent   increase.    Mr.  Smith                                                                   
explained that  NCCI uses national  figures.  He  spoke about                                                                   
the expense of an individual claim.                                                                                             
                                                                                                                                
4:36:18 PM                                                                                                                    
                                                                                                                                
Representative Hawker moved to  report CSSSHB 31 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal impact notes.   There being NO OBJECTION,                                                                   
it was so ordered.                                                                                                              
                                                                                                                                
CSSSHB  31 (FIN) was  REPORTED  out of Committee  with  a "no                                                                   
recommendation" recommendation  and with three  fiscal impact                                                                   
notes: zero  note #1  CED, indeterminate note  #2 ADM,  and a                                                                   
new indeterminate note by LWF.                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects