Legislature(2021 - 2022)BARNES 124

05/17/2021 03:15 PM LABOR & COMMERCE

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04:01:00 PM Start
04:01:41 PM HB204
04:41:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 10 Minutes Following Session --
+= SB 12 MILITARY SPOUSE COURTESY LICENSE TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 204 WORKERS' COMP DISABILITY FOR FIREFIGHTERS TELECONFERENCED
Moved CSHB 204(L&C) Out of Committee
-- Public Testimony --
+= HB 58 CONTRACEPTIVES COVERAGE:INSURE;MED ASSIST TELECONFERENCED
<Bill Hearing Canceled>
        HB 204-WORKERS' COMP DISABILITY FOR FIREFIGHTERS                                                                    
                                                                                                                                
4:01:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ announced  that the  first order  of business                                                               
would be HOUSE BILL NO. 204,  "An Act relating to the presumption                                                               
of  compensability  for  a   disability  resulting  from  certain                                                               
cancers in firefighters."                                                                                                       
                                                                                                                                
4:02:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ moved to adopt  Amendment 1 to HB 204, labeled                                                               
32-LS0908\A.2, Marx, 5/13/21, which read as follows:                                                                            
                                                                                                                                
     Page 2, following line 23:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 2. AS 23.30.121(f) is amended to read:                                                                      
          (f)  In this section, "firefighter" means                                                                         
               (A)  a person employed by a state or                                                                         
       municipal fire department or who is a member of a                                                                    
      volunteer fire department registered with the state                                                                   
     fire marshal; or                                                                                                       
               (B)  a person registered for purposes of                                                                     
     workers' compensation with the state fire marshal as a                                                                 
     member of a volunteer fire department [HAS THE MEANING                                                                 
     GIVEN IN AS 09.65.295]."                                                                                                   
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 2, line 26:                                                                                                           
          Delete "AS 23.30.121(b), as amended by this Act,                                                                      
     applies"                                                                                                                   
          Insert "AS 23.30.121(b) and (f), as amended by                                                                        
     this Act, apply"                                                                                                           
                                                                                                                                
4:02:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS objected for the purpose of discussion.                                                                         
                                                                                                                                
4:02:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ explained  that the purpose of  Amendment 1 is                                                               
to  define "firefighter"  and to  include volunteer  firefighters                                                               
under  the   proposed  bill.     She  shared   that  it   is  her                                                               
understanding  that the  majority of  firefighters in  Alaska are                                                               
volunteers,  and   she  would  like   to  ensure   that  workers'                                                               
compensation covers volunteer firefighters.                                                                                     
                                                                                                                                
4:02:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS withdrew his objection.                                                                                         
                                                                                                                                
4:02:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN objected for the purpose of discussion.                                                                  
                                                                                                                                
CO-CHAIR  SPOHNHOLZ asked  if he  would  like to  comment on  his                                                               
objection.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KAUFMAN explained  that  he  objected because  it                                                               
appears that  "this is  already covered" in  other statutes.   He                                                               
suggested that  the invited  testifier in the  room speak  on the                                                               
amendment.                                                                                                                      
                                                                                                                                
4:03:41 PM                                                                                                                    
                                                                                                                                
CHARLES  COLLINS, Director,  Division  of Workers'  Compensation,                                                               
Department  of Labor  & Workforce  Development (DLWD),  explained                                                               
that AS  09.65.295 is the statute  that the division looks  to on                                                               
this matter.   He said that  the division's opinion is  that this                                                               
statute  already covers  volunteer firefighters.   He  noted that                                                               
there have  been a number  of cases where  volunteer firefighters                                                               
have been covered and there has been no legal pushback.                                                                         
                                                                                                                                
4:04:19 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:04 p.m. to 4:05 p.m.                                                                       
                                                                                                                                
4:05:20 PM                                                                                                                    
                                                                                                                                
JUSTIN  MACK,   Alaska  Professional   Firefighters  Association,                                                               
addressed  Amendment   1  and   explained  that   currently,  the                                                               
definition of  "firefighter" [in statute] does  include volunteer                                                               
organizations  that  are  registered   with  the  fire  marshal's                                                               
office.  One of the concerns in  the past has been to ensure that                                                               
firefighters  employed by  state are  covered, and  he said  that                                                               
there may have  been a discrepancy in  whether these firefighters                                                               
were  covered.   He  explained that  this  would include  airport                                                               
firefighters that are not necessarily  employed by a municipality                                                               
nor considered  to be  volunteers.   He shared  his understanding                                                               
that  firefighters  that  are  registered   with  the  state  are                                                               
included [in  statute].  He  identified that a problem  that some                                                               
volunteer  firefighters  experience  is  that  these  individuals                                                               
sometimes fail  to meet other  qualifications for  coverage, such                                                               
as medical language and exposure language.                                                                                      
                                                                                                                                
4:06:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS asked Mr. Collins  if volunteer firefighters have                                                               
been included as  a result of case law,  regulations, or existing                                                               
statutes.                                                                                                                       
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
MR. COLLINS  responded that  all he  can state  at this  point is                                                               
that the  division has never had  a case where an  individual was                                                               
excluded  from workers'  compensation  due to  the definition  of                                                               
firefighter.  Typically,  volunteers do not meet  the criteria of                                                               
the required medical evaluations, he said.                                                                                      
                                                                                                                                
4:07:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS noted  that Mr.  Collins'  answer is  consistent                                                               
with  his  understanding  that  this  is  a  matter  of  historic                                                               
practice, but that the amendment would add some clarity.                                                                        
                                                                                                                                
4:08:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  quoted  language from  AS  09.65.295(c),                                                               
which read as follows:                                                                                                          
                                                                                                                                
     In this section, "firefighter"  means a person employed                                                                    
     by a municipal fire department or  who is a member of a                                                                    
     volunteer  fire department  registered  with the  state                                                                    
     fire marshal,  or a person  registered for  purposes of                                                                    
     workers' compensation with the  state fire marshal as a                                                                    
     member of a volunteer fire department."                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN shared his  understanding that the statute                                                               
covers the intent of the amendment.                                                                                             
                                                                                                                                
4:08:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  explained that the  Amendment 1 has  a second                                                               
intent,  which  is  to  ensure   that  firefighters  employed  at                                                               
airports  and  Department  of Natural  Resources  (DNR)  wildland                                                               
firefighters  are included.   She  asked Mr.  Collins to  address                                                               
this topic.                                                                                                                     
                                                                                                                                
4:08:55 PM                                                                                                                    
                                                                                                                                
MR. COLLINS  responded that  he doesn't  have any  information on                                                               
that.     He  said   that  the   division  has   not  experienced                                                               
difficulties and has no position either way.                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  expressed that it doesn't  seem like updating                                                               
the language  would cause any  problems for the department.   She                                                               
asked Mr. Mack to address the  issue of firefighters that may not                                                               
be  specifically  referenced  in   the  statutory  definition  of                                                               
firefighter.                                                                                                                    
                                                                                                                                
4:09:42 PM                                                                                                                    
                                                                                                                                
MR. MACK responded  that firefighters are certainly  asked to put                                                               
themselves at  risk, particularly regarding exposure  [to harmful                                                               
materials].   He  said that  he doesn't  know if  every potential                                                               
scenario  has   been  litigated,  but   if  the  intent   of  the                                                               
legislature  is   to  cover   municipal,  state,   and  volunteer                                                               
organizations,  then   the  addition  of  the   language  in  the                                                               
amendment would be appropriate.                                                                                                 
                                                                                                                                
4:10:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN  withdrew his  objection to the  motion to                                                               
adopt Amendment 1.                                                                                                              
                                                                                                                                
4:10:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY objected.   He  shared his  understanding                                                               
that the  question at hand  is whether the statute  is sufficient                                                               
or whether  language needs to  be added  [for clarity].   He said                                                               
that the language already in  statute seems sufficient to him and                                                               
questioned why the language could not be left as is.                                                                            
                                                                                                                                
4:11:40 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:11 p.m. to 4:12 p.m.                                                                       
                                                                                                                                
4:12:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  referenced a  legal memorandum  ("memo") from                                                               
Marie  Marx  from Legislative  Legal  Services  [included in  the                                                               
committee packet],  which refers to  AS 09.65.295(c) and  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     The  statute's  plain  language  makes  it  clear  that                                                                    
     "firefighter" doesn't include  firefighters employed by                                                                    
     the state. It includes  only firefighters employed by a                                                                    
     municipal   fire  department   and  certain   volunteer                                                                    
     firefighters.                                                                                                              
                                                                                                                                
CO-CHAIR SPOHNHOLZ  explained that the intention  of Amendment 1,                                                               
which came about  as a result of guidance  from Legislative legal                                                               
Services,  is to  be  "crystal clear"  that  all firefighters  in                                                               
Alaska are covered.                                                                                                             
                                                                                                                                
4:14:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked  if  the  word  "state"  would  be                                                               
appropriate to add to the statute.                                                                                              
                                                                                                                                
CO-CHAIR SPOHNHOLZ restated that the language in Amendment 1 is                                                                 
before the committee as proposed by Marie Marx from Legislative                                                                 
Legal Services in order to be as clear as possible.                                                                             
                                                                                                                                
4:14:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY maintained his objection.                                                                                
                                                                                                                                
4:14:58 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Spohnholz, Fields,                                                               
Nelson, Schrage, Snyder, and Kaufman  voted in favor of Amendment                                                               
1  to  HB   204.    Representative  McCarty   voted  against  it.                                                               
Therefore, Amendment 1 was adopted by a vote of 6-1.                                                                            
                                                                                                                                
[An Amendment 2 was in the committee packet but never offered.]                                                                 
                                                                                                                                
4:15:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY moved to adopt Amendment 3 to HB 204,                                                                    
labeled 32-LS0908\A.5, Marx, 5/16/21, which read as follows:                                                                    
                                                                                                                                
     Page 1, line 2, following "firefighters":                                                                                
          Insert "; and relating to a duty to document a                                                                      
     firefighter's exposure to a carcinogen"                                                                                  
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "and"                                                                                                          
          Insert "[AND]"                                                                                                        
                                                                                                                                
     Page 2, line 23:                                                                                                           
          Delete "."                                                                                                            
          Insert "; and                                                                                                     
               (D)  maintains a record of each exposure to                                                                  
     a  known carcinogen,  as defined  by the  International                                                                
     Agency  for   Research  on   Cancer  or   the  National                                                                
     Toxicology Program.                                                                                                  
        * Sec.  2. AS 23.30.243  is amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (c)  An employer shall maintain a record of a                                                                         
     firefighter's  exposure  to   a  known  carcinogen,  as                                                                    
     defined  by the  International Agency  for Research  on                                                                    
     Cancer  or   the  National  Toxicology   Program,  that                                                                    
     occurred  while  the  firefighter   was  working  as  a                                                                    
     firefighter for the employer."                                                                                             
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 2, line 26:                                                                                                           
          Delete "AS 23.30.121(b), as amended by this Act,"                                                                     
          Insert "This Act"                                                                                                     
                                                                                                                                
4:15:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ objected for the purpose of discussion.                                                                      
                                                                                                                                
4:15:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY explained  that  Amendment  3 intends  to                                                               
address  who is  recording the  encounters firefighters  may have                                                               
with  carcinogenic materials.    He explained  that he  contacted                                                               
fire departments in Los Angeles,  California, New York, New York,                                                               
and  Seattle,   Washington,  and   shared  that  in   these  fire                                                               
departments,  the firefighter  and  the captain  both record  the                                                               
instance of a fire and  whether there were carcinogenic materials                                                               
present.     He   shared   that  Amendment   3   says  that   the                                                               
responsibility to  record this information  would be the  duty of                                                               
the individual firefighter as well as the department.                                                                           
                                                                                                                                
4:17:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAUFMAN  opined  that  centralized  reporting  is                                                               
beneficial and it  would better ensure that there is  a record of                                                               
these   encounters   with   potential   carcinogenic   materials.                                                               
However, he said, this could  result in an unfunded mandate being                                                               
placed  on  volunteer fire  departments  that  may not  have  the                                                               
resources to  record information  about possible  encounters with                                                               
carcinogenic materials, which could  mean that the record-keeping                                                               
responsibility  could fall  on the  individual  firefighter.   He                                                               
said that  this could  burden volunteer  fire departments.   This                                                               
being said,  he continued that  having a backup of  these records                                                               
is important.  He asked where the  data would go, how it would be                                                               
retained, and how it would be  verified.  He expressed that there                                                               
is a  challenge in  ensuring that  this information  is accurate,                                                               
"durable," and easily  retrievable and verifiable.   He asked how                                                               
this could be done without being burdensome.                                                                                    
                                                                                                                                
4:19:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  Ms. Wing-Heier  and Mr.  Collins if  they                                                               
could  share  their thoughts  on  whether  this is  an  effective                                                               
structure  for recording  potential encounters  with carcinogenic                                                               
materials.                                                                                                                      
                                                                                                                                
4:20:30 PM                                                                                                                    
                                                                                                                                
MR. COLLINS responded that from  the division's point of view, it                                                               
is a  big burden for  volunteer firefighters to  record instances                                                               
of potential  encounters with carcinogenic materials.   He shared                                                               
his  opinion  that  Amendment  3  might  narrow  the  presumption                                                               
because firefighters  could be required  to produce  this record,                                                               
which  could  be   burdensome.    However,  he   shared  that  in                                                               
Anchorage,  Alaska,  there  was  a hearing  [on  an  incident  of                                                               
exposure] and  there was a  considerable amount of time  spent on                                                               
research,  incident reports,  and legal  proceedings to  discover                                                               
what the cause of the cancer  was in a firefighter, and he shared                                                               
that for  larger departments, [the proposed  changes in Amendment                                                               
3] could result in cost savings.                                                                                                
                                                                                                                                
4:21:53 PM                                                                                                                    
                                                                                                                                
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Labor  & Workforce  Development (DLWD),  responded that  there is                                                               
something "very  good" about  Amendment 3, and  she said  that to                                                               
meet the  presumption, there has  to be  a record.   However, she                                                               
shared  that when  there  are fire  departments  that are  having                                                               
cookie sales and bake sales to  raise money, and there would be a                                                               
cost.   She said that  she doesn't know  what the cost  would be,                                                               
and therefore  doesn't know  how there could  be a  decision made                                                               
about the  cost.  She concluded  that keeping a record  is a good                                                               
idea.                                                                                                                           
                                                                                                                                
4:22:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS noted that he  wants to ensure that this wouldn't                                                               
exclude  someone  from benefits  if  a  volunteer firefighter  or                                                               
department failed  to keep a  record.  He  said that he  wants to                                                               
ensure that  this wouldn't give  an insurer  a means by  which to                                                               
deny payment due to the lack  of a record, particularly if it was                                                               
an employer's and not an employee's failure to keep the record.                                                                 
                                                                                                                                
4:23:10 PM                                                                                                                    
                                                                                                                                
MS.  WING-HEIER  responded that  she  would  hope that  insurance                                                               
companies wouldn't make the argument  for denial of coverage that                                                               
a fire  department was meant  to keep a  record and failed  to do                                                               
so.  She  expressed that she doesn't think that  the failure of a                                                               
department would negate an employee's claim.                                                                                    
                                                                                                                                
4:23:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ asked Mr. Mack to comment on Amendment 3.                                                                    
                                                                                                                                
MR. MACK  responded there are currently  three qualifying aspects                                                               
in statute for presumption, which  are a qualifying medical exam,                                                               
seven years of  employment, and demonstrated exposure  to a known                                                               
carcinogen.   He said that it  seems to him that  needing to show                                                               
that there  has been an  exposure is  already a requirement.   He                                                               
explained  that  there  is a  national  fire  incident  reporting                                                               
system through the U.S. Fire  Administration.  He shared that his                                                               
concern is that Amendment 3  seems to go the "opposite direction"                                                               
when it  comes to presenting a  presumptive claim.  He  said that                                                               
an additional  requirement of keeping  a record of  each exposure                                                               
would be  difficult to define  and could be defined  in different                                                               
ways by  different departments  and individuals.   He  noted that                                                               
reporting  and  ensuring  that departments  have  good  reporting                                                               
standings  is  important, but  said  that  he  is not  sure  this                                                               
amendment is the place to input that language.                                                                                  
                                                                                                                                
4:26:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  Mr.  Mack  if every  fire  is a  presumed                                                               
exposure.   He said  that his understanding  of the  amendment is                                                               
that every fire is an exposure.                                                                                                 
                                                                                                                                
4:27:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER opined that the  language in Amendment 3 is                                                               
fairly  vague.   She stated  her concern  is that  this could  be                                                               
setting individuals  up for being  denied coverage if  the cancer                                                               
that has  been contracted is  not linked  to a carcinogen  in the                                                               
individual's list  of exposures.   She said  that it  is possible                                                               
that firefighters  are being  exposed to  a variety  of materials                                                               
that are  not documentable.   She asked if  there is a  reason to                                                               
not include "suspected carcinogens" in  statute as defined by the                                                               
Occupational Safety and Health Administration (OSHA).                                                                           
                                                                                                                                
4:29:06 PM                                                                                                                    
                                                                                                                                
MR.  MACK  responded  with  an  example  of  recent  study  where                                                               
military style dog tags made  of silicone that mimicked skin were                                                               
placed on  firefighters in  the field.   These dog  tags provided                                                               
information  on   the  materials  that  are   being  absorbed  by                                                               
firefighters' skin.   He shared that "they found  the things they                                                               
thought they  were going  to find" in  addition to  several other                                                               
carcinogens  that were  not necessarily  expected to  be present.                                                               
He shared  that manufacturing processes are  constantly changing,                                                               
and therefore there is always going  to be an increased amount of                                                               
exposures.  He explained that  there are enough known carcinogens                                                               
in  a vehicle  fire, a  building fire,  a multi-family  structure                                                               
fire, and  so on, to  qualify for  an increased cancer  risk [for                                                               
firefighters exposed to these carcinogens].   There are exposures                                                               
to carcinogens in the fire  service also from personal protection                                                               
equipment (PPE) that is designed  to protect firefighters, and he                                                               
said that the exposure is "nearly  all the time," which speaks to                                                               
why presumptive cancer language in state statute is necessary.                                                                  
                                                                                                                                
4:31:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN directed attention  to language on page 2,                                                               
Section 1, paragraph (3), subparagraph  (C) of HB 204, which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     (C)  with regard  to diseases  described  in (1)(C)  of                                                                    
     this  subsection,  demonstrates   that,  while  in  the                                                                    
     course of employment as  a firefighter, the firefighter                                                                    
     was exposed  to a known  carcinogen, as defined  by the                                                                    
     International  Agency for  Research  on  Cancer or  the                                                                    
     National  Toxicology  Program,  and the  carcinogen  is                                                                    
     associated with a disabling cancer.                                                                                        
                                                                                                                                
REPRESENTATIVE  KAUFMAN shared  his understanding  that it  seems                                                               
like there is a sufficient definition for exposure.                                                                             
                                                                                                                                
4:32:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  said that  he agrees  with Representative                                                               
Kaufman.  He  said that there is nothing  that mentions recording                                                               
exposures to  carcinogens.  He  explained that recording  of each                                                               
potential instance  of exposure  is not only  done by  large fire                                                               
departments, and noted  that the chief of the  fire department in                                                               
Chugiak, Alaska,  said that  firefighters are  using applications                                                               
("apps")  for recordkeeping.   He  opined that  this isn't  a new                                                               
burden;  it  brings the  statutes  up  to  date.   He  said  that                                                               
Amendment 3 would make it  easier to substantiate experiences and                                                               
make the claim process easier.                                                                                                  
                                                                                                                                
4:33:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ maintained  her  objection.   She shared  her                                                               
understanding that Amendment 3 would  do the opposite of what the                                                               
bill  intends  to  do,  which  is  to  create  a  presumption  of                                                               
exposure, and  would likely also  create an unfunded  mandate for                                                               
volunteer fire  departments.  She  said that she is  reluctant to                                                               
support  something   at  the  state   level  that   could  create                                                               
additional costs at the local level.                                                                                            
                                                                                                                                
4:34:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  said he  would vote  for Amendment  3.   He said                                                               
that he  hopes that the legislature  can work with Mr.  Mack, Ms.                                                               
Wing-Heier, and Mr. Collins to  come up with appropriate language                                                               
regarding  an employer's  responsibility to  record exposures  so                                                               
that an error in recordkeeping  does not exclude an employee from                                                               
coverage.                                                                                                                       
                                                                                                                                
4:35:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ  commented that she appreciates  the sentiment                                                               
of wanting to construct this  language, but that she worries that                                                               
this  could  potentially  create   another  barrier  to  workers'                                                               
compensation  for   firefighters  that   are  being   exposed  to                                                               
carcinogens.    She  said  that  if  insufficient  records  could                                                               
obstruct  firefighters   from  receiving  coverage,   that  would                                                               
concern her.                                                                                                                    
                                                                                                                                
4:36:06 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  McCarty and Fields                                                               
voted  in  favor of  Amendment  3  to  HB 204.    Representatives                                                               
Schrage,  Nelson, Kaufman,  Snyder, and  Spohnholz voted  against                                                               
it.  Therefore, Amendment 3 failed to  be adopted by a vote of 2-                                                               
5.                                                                                                                              
                                                                                                                                
4:37:11 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:37:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SPOHNHOLZ opened public testimony on HB 204.                                                                           
                                                                                                                                
4:37:34 PM                                                                                                                    
                                                                                                                                
ALLISON  LEIGH  stated  that  she  opposes  HB  204  because  the                                                               
information  given to  the committee  is incorrect.   She  opined                                                               
that while Mr.  Collins continues to inform  the legislature that                                                               
workers' compensation has gone down,  he has failed to inform the                                                               
legislature  of all  of the  unnecessary  and ongoing  litigation                                                               
going on.   She asked how this  bill can come with  a zero fiscal                                                               
note when  Mr. Collins has  repeatedly testified how  expensive a                                                               
cancer   claim   is.     She   shared   her  understanding   that                                                               
Representative  Fields knows that  workers' compensation does not                                                               
follow  the  Alaska State  Constitution.    She opined  that  the                                                               
Workers'  Compensation Board  uses  injured  workers' records  to                                                               
coerce  them into  settlement because  injured  workers are  left                                                               
with "literally  nothing."  She  asked if Mr.  Mack was or  is on                                                               
the Workers' Compensation Board.   She shared a personal anecdote                                                               
about  her   own  experience  in   trying  to   receive  workers'                                                               
compensation after  a fall and said  that she has been  unable to                                                               
get  a  hearing.    She  opined that  Mr.  Collins  has  supplied                                                               
incorrect   numbers   to   the    committee   and   changes   his                                                               
recommendations   during  meetings   to   benefit  the   Workers'                                                               
Compensation   Board.      She  expressed   that   the   workers'                                                               
compensation  system  is  broken   and  that  this  bill  doesn't                                                               
properly address the issues.                                                                                                    
                                                                                                                                
4:40:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAUFMAN asked  Ms. Leigh to contact  his office so                                                               
that he could learn more.                                                                                                       
                                                                                                                                
4:40:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ, after  ascertaining  that there  was no  one                                                               
else who wished to testify, closed public testimony on HB 204.                                                                  
                                                                                                                                
4:40:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS moved  to report  HB  204 out  of committee,  as                                                               
amended,  with individual  recommendations  and the  accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  204(L&C)  was                                                               
reported out of the House Labor and Commerce Standing Committee.                                                                

Document Name Date/Time Subjects
HB 204 DOLWD Response to Questions, 5.12.21.pdf HL&C 5/17/2021 3:15:00 PM
HB 204
Amendment #1 to HB 204.pdf HL&C 5/17/2021 3:15:00 PM
HB 204
Amendment #2 to HB 204.pdf HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - Firefighter Presumption PTSD Law Table June 2019 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - Renal Cell Carcinoma PFAS 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - IAFF Women and Cancer Study 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - PFAS and effects on the ovary 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - The University of Maryland Occupational Health Project 6.25.1999.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 v. A 5.13.21.PDF HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Fiscal Note - DOLWD-WC 5.7.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 PFAS European Journal Study 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Sponsor PowerPoint 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Sponsor Statement 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Letter of Opposition - AMLJIA 5.13.21.pdf HL&C 5/14/2021 8:00:00 AM
HL&C 5/17/2021 3:15:00 PM
HB 204
HB 58 Supporting Document - Guttmacher Alaska Statistics 2016 3.30.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Supporting Document - Guttmacher Public Costs from Unintended Pregnancies February 2015 3.30.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Supporting Document - UCSF Study Newspaper Article 2.11.2011.pdf HHSS 4/17/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Supporting Document - Unintended Pregnancies Study March 2011 3.30.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Additional Document - Insurance Coverage of Contraceptives 4.1.2021.pdf HHSS 4/15/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Additional Document - HRSA Women’s Preventive Services Guidelines.pdf HHSS 4/15/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Written Testimony as of 4-19-21.pdf HHSS 4/20/2021 3:00:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Sectional Analysis v. B 4.22.2021.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Sponsor Statement v. B 4.22.2021.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Fiscal Note DHSS-MS 4.9.2021.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Fiscal Note DCCED-DOI 4.9.2021.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Fiscal Note DOA-DRB 4.12.2021.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Letters of Support as of 5.6.21.pdf HL&C 5/7/2021 8:00:00 AM
HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 -Additional Support Received as of 5.11.21.pdf HL&C 5/12/2021 3:15:00 PM
HL&C 5/17/2021 3:15:00 PM
HB 58
CS HB 58 (L&C), v. I.pdf HL&C 5/17/2021 3:15:00 PM
HB 58
HB 58 Letter of Opposition - AK Family Action.pdf HL&C 5/17/2021 3:15:00 PM
HB 58
Amendment #3 to HB 204.pdf HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Public Comment, Eric Croft, 5.17.21.pdf HL&C 5/17/2021 3:15:00 PM
HB 204
HB 204 Supporting Document - Legal Memo, 2.5.20.pdf HL&C 5/17/2021 3:15:00 PM
HB 204