Legislature(2007 - 2008)SENATE FINANCE 532
04/10/2008 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB 2 | |
| HJR 28 | |
| HB 147 | |
| HB 281 | |
| HB 200 |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 2 | ||
| + | HJR 28 | TELECONFERENCED | |
| + | HB 226 | TELECONFERENCED | |
| + | HB 373 | TELECONFERENCED | |
| + | HB 281 | TELECONFERENCED | |
| + | HB 320 | TELECONFERENCED | |
| + | HB 200 | TELECONFERENCED | |
| + | HB 325 | TELECONFERENCED | |
| + | HB 50 | TELECONFERENCED | |
| + | HB 332 | TELECONFERENCED | |
| + | HB 44 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 147 | ||
CS FOR HOUSE BILL NO. 200(FIN)
"An Act relating to the presumption of coverage for a
workers' compensation claim for disability as a result
of certain diseases for certain fire fighters."
Co-Chair Stedman signified that the was the first hearing of
the bill with the intention of hearing from the bill
sponsor, take public testimony and act on the will of the
Committee.
10:25:35 AM
JENNIFER BAXTER, STAFF, SENATOR NANCY DAHLSTROM, presented
an overview of the sponsor statement:
House Bill 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," establishes a presumption in the Worker's
Compensation program for professional and volunteer
firefighters who have had a qualifying medical exam and
have been on the job at least seven years.
It grants benefits to firefighters stricken with
certain types of cancer and heart disease due to their
exposure to toxic chemicals, and high levels of carbon
monoxide. Silent killers like asbestos and benzene can
appear after they leave the job. The requirements of
this bill are that the claims must be made within five
years after the last day of employment.
In addition to firefighters, first responders deserve
protection for the health and safety risks they live
with in order to keep us safe. HB 200 also includes a
presumption that compensation for certain disabilities
resulting from blood born pathogens be covered.
Arguments have been made that this coverage would be
exorbitantly expensive; however this has not been the
case in other states. For example, the state of
California has over 30,000 paid firefighters and more
than 30,000 volunteers, but the addition of cancer
presumptive benefits has had no impact on the actuarial
assumptions system for its retirement system.
Firefighters and first responders take great risks
every day to protect our lives and the lives of our
loved ones. They are regularly exposed to dangerous
elements such as carcinogenic substances, carbon
monoxide and contaminated blood that can lead to
chronic and debilitating illnesses later in their life.
A great deal of thought has been put into this
legislation in order to create defined parameters of
who qualifies for these benefits.
10:26:49 AM
Senator Huggins requested further explanation of negative
lifestyle habits.
Ms. Baxter described that if a firefighter is a smoker this
might be considered a negative lifestyle for cancer
coverage.
Senator Huggins inquired if a firefighter gained a great
deal of weight over the years could this be a factor in a
negative lifestyle.
Ms. Baxter responded that physical fitness and weight is
listed in the bill as a preponderance of evidence that could
be rebutted.
10:28:37 AM
Co-Chair Stedman wondered how prostate cancer, listed on
page 2, line 13 fits into the cancer list.
Ms. Baxter responded that fire fighters have a greater
number of cases than the national average.
Co-Chair Stedman noted that the theory is that most males if
they live long enough might develop prostrate cancer.
10:29:27 AM
Ms. Baxter pointed out that could probably be rebutted in a
claim case.
Senator Olson questioned how a firefighter's family history
of diseases would fit into the rebuttal for non-coverage.
10:30:01 AM
Ms. Baxter responded that this bill takes it off the
employees and puts it on the employer to prove but an
employee's family history could be taken into consideration
before a claim is settled.
Co-Chair Stedman reviewed the two indeterminate fiscal
notes.
10:30:37 AM
Senator Thomas mentioned that heredity factors are
referenced in the bill.
10:30:51 AM
MARK DRYGAS, PRESIDENT, ALASKA PROFESSIONAL FIRE FIGHTERS
ASSOCIATION testified via teleconference and spoke in
support of the bill. He reiterated the firefighters are
subject to various cancers and respiratory diseases at a
higher rate than the general public.
10:32:23 AM
Senator Huggins suggested that more than fifty percent of
males in the general public will get prostrate cancer so he
wondered how much higher are the statistics for
firefighters.
Mr. Drygas responded that prostrate cancer in fire fighters
occurs at a higher rate and at a younger age than the
general public.
10:33:18 AM
Senator Huggins requested the statistics of a higher rate.
Mr. Drygas replied he did not have the numbers available. He
remarked that the information was received through
researching other state's disability coverages.
10:34:19 AM
Senator Olson agreed with the Co-Chair Stedman that all men
risk prostrate cancer if they live long enough but did agree
that among firefighters the numbers were significantly
higher at a younger age.
10:34:55 AM
Ms. Baxter informed the Committee that the cancer list was
developed because studies showed firefighters had a one and
one-half to four times greater risk than the general public
at a much younger age. It is written in the bill that the
firefighter must have been on the job at least seven years
and the coverage only extends for five years after they
leave the job.
10:35:57 AM
AT EASE: 10:36:07 AM
RECONVENED: 10:36:33 AM
10:36:35 AM
KEVIN SMITH, EXECUTIVE DIRECTOR, ALASKA MUNICIPAL LEAGUE
JOINT INSURANCE ASSOCIATION testified via teleconference. He
explained that the members of this insurance association
pool together to cover the first half million dollars of
each worker's compensation claim and purchase reinsurance to
statutory limits above that amount. In his opinion, this
bill is about asking municipalities to pay extra by placing
firefighters in a special category separate from other state
workers. He believed this is bad public policy and the
health statistics are not supported by science. He argued
that the costs of the bill are difficult to determine as
many diseases and cancers are treated at different costs. He
stressed this bill would be a significant cost increase to
municipalities.
10:40:21 AM
Mr. Smith related that many communities in Alaska use
volunteer firefighters because they can not afford full time
paid staff but they still need to purchase workman's
compensation for their volunteers. The rates for volunteers
will have to increase to cover presumptions in this bill. He
warned that if small municipalities can not afford to pay
full time firefighters, they would find it difficult to pay
the additional costs this bill would incur. He emphasized
that the bill should be restricted to full time fire
fighters and not volunteers.
10:42:38 AM
Senator Huggins asked Mr. Smith about the gender specific
prostrate cancer when more women are entering the field. He
questioned if there was any statistics concerning women
firefighters.
Mr. Smith replied that he was not aware of any gender
specific health studies for female firefighters.
10:43:53 AM
Senator Huggins requested the information from the bill
sponsor.
Ms. Baxter agreed that this has been a male dominated field
in the past and she was not aware of any direct female
studies.
10:45:12 AM
Senator Huggins reminded the Committee that diseases do not
recognize the difference between full-time and volunteers
employees so he would not be in favor of eliminating
volunteers from the bill.
10:45:45 AM
JEFF BRIGGS, FIREFIGHTER, ALASKA PROFESSIONAL FIREFIGHTERS
ASSOCIATION spoke in support of the bill. He referred to the
written testimony from firefighters available to the
Committee. He reported that no Alaska citizen, not tied to
the insurance industry or government agency, had testified
against this bill in the past two years. Alaska is one of
nine states who do not have some sort of presumptive
legislation.
10:47:56 AM
Senator Olson inquired if the Alaska Municipal League had a
position on the question of smaller communities being able
to afford this additional worker compensation.
Ms. Baxter responded they have been opposed to the bill.
Mr. Briggs interjected that the Alaska Municipal League has
taken a neutral position on this bill.
10:49:36 AM
Co-Chair Hoffman MOVED to REPORT CSHB 200 (FIN) out of
Committee with individual recommendations and accompanying
fiscal notes. There being no OBJECTION passed from
Committee.
CS HB 200 (FIN) was REPORTED out of Committee with no
recommendations and accompanying previously published fiscal
notes from the Department of Administration and the
Department of Labor and Workforce Development.
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