04/01/1993 03:00 PM House L&C

  HB 221 WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC                             
                                                                               
  Number 005                                                                   
                                                                               
  CHAIRMAN BILL HUDSON, PRIME SPONSOR of HB 221, gave the                      
  following sponsor statement:                                                 
                                                                               
  "House Bill 221 was introduced to clarify Workers'                           
  Compensation statutes that have been the cause of much                       
  confusion or misinterpretation, particularly with regard to                  
  benefits for volunteers.                                                     
                                                                               
  "Workers compensation benefits are intended, subject to                      
  minimum and maximum limits, to replace the lost wages of                     
  injured workers.  Section 1 of HB 221 recognizes that                        
  volunteers should receive wage replacement based on the                      
  actual wages lost or the comparable wage they would receive                  
  were they paid employees rather than volunteers.  Current                    
  law limits wage loss benefits for volunteer fire fighters,                   
  for example, who may have high earning capacity in their                     
  regular employment, to the benefits based on the wage paid a                 
  carrier fire fighter.  House Bill 221 corrects the                           
  inequities in benefit calculations for volunteer ambulance                   
  attendants, police officers and fire fighters by calculating                 
  compensation based on the higher wage earned.                                
                                                                               
  "Section 2 of HB 221 is to clarify the original intent of AS                 
  23.30.243, which is to extend coverage for volunteer fire                    
  fighters.  In the past year, compensation benefits for                       
  volunteer fire fighters, while engaged in fire department                    
  activities other than responding to emergencies, has been                    
  questioned.  Since `employees' are covered for injuries                      
  arising out of and in the course of employment, volunteer                    
  fire fighters are similarly covered.  Unfortunately, AS                      
  23.30.243 has been misinterpreted to limit coverage only to                  
  those instances where the volunteer was responding to an                     
  emergency.  This section was originally intended to extend                   
  coverage, not limit it.                                                      
                                                                               
  "Therefore, in order to restore the original intent of AS                    
  23.30.243, and to clarify once and for all that volunteers                   
  are employees and are covered as any other employee for the                  
  purposes of workers' compensation, Section 2 of HB 221                       
  amends AS 23.30 by adding a new section that defines                         
  volunteer ambulance attendants, police officers and fire                     
  fighters as `employees.'                                                     
                                                                               
  "Section 3 repeals AS 23.30.092.  This statute has been                      
  interpreted to mean that a municipality `may' provide                        
  workers' compensation coverage for volunteers.  Conversely,                  
  it may be incorrectly interpreted to mean that a                             
  municipality may elect not to provide coverage.  In reality,                 
  this section provides that an alternative policy may                         
  substitute for a workers' compensation policy so long as the                 
  benefits are equal or better than a statutory workers'                       
  compensation policy.  However, this section has done nothing                 
  but cause confusion, and I believe repealing it will clarify                 
  that all volunteers who meet the definition in AS 23.30 must                 
  be covered by workers' compensation."                                        
                                                                               
  Number 190                                                                   
                                                                               
  JOHN GEORGE, representing the ALASKA STATE FIRE FIGHTERS                     
  ASSOCIATION, testified in support of HB 221.  Mr. George                     
  stated that volunteer firefighters and the station they work                 
  at have to be registered with the Department of Public                       
  Safety.  Secondly, the municipality where the station is                     
  located picks up the workers' compensation.  He stated that                  
  HB 221 just clarifies the law regarding benefits for                         
  volunteer fire fighters.                                                     
                                                                               
  Number 238                                                                   
                                                                               
  PATRICK EGGERS, FIRST VICE PRESIDENT, ALASKA STATE FIRE                      
  FIGHTERS ASSOCIATION, spoke in favor of HB 221 and echoed                    
  Mr. George's statements.                                                     
                                                                               
  Number 250                                                                   
                                                                               
  REP. MACKIE moved for passage of HB 221 with individual                      
  recommendations.                                                             
                                                                               
  REP. PORTER objected for clarification on the maximum amount                 
  of money a volunteer would be entitled to under the bill.                    
                                                                               
  Number 329                                                                   
                                                                               
  REP. SITTON pointed out that the schedule was already                        
  established in law.                                                          
                                                                               
  REP. PORTER removed his objection.                                           
                                                                               
  CHAIRMAN HUDSON announced that HB 221 passed out of                          
  committee with individual recommendations and a zero fiscal                  
  note.