Legislature(2007 - 2008)CAPITOL 120

05/04/2007 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 200 WORKERS' COMP: DISEASE PRESUMPTION TELECONFERENCED
Moved CSHB 200(JUD) Out of Committee
+ HB 227 UNIFORM MONEY SERVICES ACT TELECONFERENCED
Moved CSHB 227(JUD) Out of Committee
+ HB 232 ALCOHOL SALE/PURCHASE/DISTRIBUTION TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 200-WORKERS' COMP: DISEASE PRESUMPTION                                                                                     
                                                                                                                                
1:13:46 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL NO.  200,  "An  Act relating  to  the presumption  of                                                               
coverage for  a workers' compensation  claim for disability  as a                                                               
result of  certain diseases for certain  occupations."  [Included                                                               
in  members packets  was the  proposed committee  substitute (CS)                                                               
for HB 200, Version 25-LS0748\E, Bailey, 5/4/07.]                                                                               
                                                                                                                                
1:14:44 PM                                                                                                                    
                                                                                                                                
KELLY  HUBER, Staff  to  Representative  Nancy Dahlstrom,  Alaska                                                               
State   Legislature,   relayed   on  behalf   of   Representative                                                               
Dahlstrom, sponsor,  that the proposed committee  substitute (CS)                                                               
for  HB  200,  Version  25-LS0748\E,  Bailey,  5/4/07,  allows  a                                                               
presumption for  certain diseases and illnesses  for firefighters                                                               
and first  responders.   She offered  her understanding  that the                                                               
program is not  mandatory and provides that  for eligibility, the                                                               
firefighter or first responder must  have at least seven years of                                                               
service  and possess  a minimum  of Firefighter  1 certification.                                                               
The diseases listed in the  bill are linked to these occupations,                                                               
which have  an inherent risk.   Under the presumption,  those who                                                               
work  in these  occupations could  pursue workmen's  compensation                                                               
should they contract any of the listed illnesses.                                                                               
                                                                                                                                
1:17:14 PM                                                                                                                    
                                                                                                                                
MARK JONES, after relaying he has  32 years' experience as a fire                                                               
fighter,   said  physical   fitness   is  a   necessity  in   the                                                               
firefighting industry.  Many fire  departments around Alaska, and                                                               
the United  States, have implemented aggressive  physical fitness                                                               
programs to ensure  employees are in the  best physical condition                                                               
possible.    Improvements  in  protection,  including  equipment,                                                               
engineering,  and  barriers,  have   all  provided  a  tremendous                                                               
reduction  in exposure  to diseases.   These  prevention programs                                                               
are working.   However, there  are still instances  where workers                                                               
are  exposed.   The  physical  demands,  coupled with  long  term                                                               
exposure to  carbon monoxide, all  lead to continued  high levels                                                               
of  heart and  lung disease.   Skin  contact with  smoke carrying                                                               
carcinogens is  still a major  problem, often leading  to cancer,                                                               
but fully protective  equipment and clothing to  protect one from                                                               
this contact  has not yet  been developed.   One of the  goals of                                                               
everyone  in  fire  and  emergency  services  is  to  reduce  the                                                               
occurrence of these  occupational illnesses to zero.   Until this                                                               
can be achieved, the industry needs the protections of HB 200.                                                                  
                                                                                                                                
1:21:19 PM                                                                                                                    
                                                                                                                                
ROD  HARRIS,   Alaska  Professional  Fire   Fighters  Association                                                               
(AKPFFA), said that  in spite of improvements to  the safety gear                                                               
and training,  firefighters are still regularly  exposed to toxic                                                               
environments.   The nature of  their work calls  for firefighters                                                               
to mitigate emergencies in extreme  conditions.  As of this year,                                                               
41 states  have enacted presumptive legislation  to protect their                                                               
emergency responders.   Alaska's  emergency responders  need this                                                               
same protection as their peers in other states.                                                                                 
                                                                                                                                
1:22:32 PM                                                                                                                    
                                                                                                                                
MIKE  DAVIDSON,  Alaska  Professional Fire  Fighters  Association                                                               
(AKPFFA), said that HB 200 represents  an important fix to a hole                                                               
in the  safety net that  currently exists in Alaska.   Currently,                                                               
AKPFFA  members  are  frequently exposed  to  known  carcinogens,                                                               
contagious  diseases,   and  other  hazards  as   part  of  their                                                               
occupation.  These hazards are  routine, unpredictable, and occur                                                               
on  a  regular basis.    Unlike  other healthcare  and  emergency                                                               
occupations, there is no opportunity  to pre-assess the scene for                                                               
potentially  hazardous exposures.    The AKPFFA  has taken  every                                                               
engineering step possible to prevent  these exposures.  It is the                                                               
goal  of everyone  in fire  service to  eradicate these  diseases                                                               
among their employees.  It  is difficult to trace these exposures                                                               
back to  a single event,  but rather,  it is chronic  exposure to                                                               
various known  carcinogens and  diseases.   The AKPFFA  needs the                                                               
protections  contained within  HB 200  as these  diseases can  be                                                               
terminal, and are  not covered by private health  insurance.  Mr.                                                               
Davidson  commented  that  private  health insurance  is  a  good                                                               
safety net, but it does not  provide living expenses for a family                                                               
while  the  firefighter is  unable  to  work.   "I  am  certainly                                                               
supportive of HB 200," he concluded.                                                                                            
                                                                                                                                
CHAIR RAMRAS  asked if there  were any more questions  or whether                                                               
anyone else wished to speak  before he closed public testimony on                                                               
HB 200.                                                                                                                         
                                                                                                                                
1:28:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to adopt  the proposed CS  for HB
200, Version 25-LS0748\E, Bailey, 5/4/07, as the work draft.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
MS. HUBER, in response to  a question, explained that the changes                                                               
she'd described earlier applied to Version E.                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
[Although nothing  further was stated,  Version E was  treated as                                                               
being before the committee.]                                                                                                    
                                                                                                                                
1:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
200, Version  25-LS0748\E, Bailey, 5/4/07, out  of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG asked whether,  if the exposure occurred                                                               
before the effective date of the  act, would a court or a carrier                                                               
require  that "any  or  all"  of the  exposure  occur before  the                                                               
effective date.  He said he wanted  to be sure there was as broad                                                               
a coverage as possible.                                                                                                         
                                                                                                                                
MS. HUBER responded  that claims must be from  the effective date                                                               
forward, but  the prior exposure  is included, if  claimants meet                                                               
the  presumption  of  seven  years   service  and  Firefighter  1                                                               
certification.   Then, the  exposure from  the claimants  work is                                                               
included.   No  claims from  the past  can be  brought up  in the                                                               
future.                                                                                                                         
                                                                                                                              
1:30:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
CHAIR RAMRAS announced  that CSHB 200(JUD) was  reported from the                                                               
House Judiciary Standing Committee.                                                                                             
                                                                                                                                

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