Legislature(2007 - 2008)

04/10/2008 05:51 PM Senate FIN


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 320(FIN)                                                                                                
                                                                                                                                
     "An  Act  relating to  search  and rescue  training  and                                                                   
     search and rescue parties;  requiring certain search and                                                                   
     rescue volunteers  to be considered state  employees for                                                                   
     purposes   of   workers'  compensation   coverage;   and                                                                   
     allowing  political  subdivisions  to elect  to  provide                                                                   
     workers' compensation insurance  coverage for search and                                                                   
     rescue personnel."                                                                                                         
                                                                                                                                
Co-Chair Stedman  reviewed that this  was a first  hearing on                                                                   
the bill with the intent to hear  from the bill sponsor, take                                                                   
public testimony and confirm the will of the Committee.                                                                         
                                                                                                                                
6:07:25 PM                                                                                                                    
                                                                                                                                
Mike Pawlowski,  Staff, Representative Kevin  Meyer presented                                                                   
an  overview of  the bill  history.  Mr. Pawlowski  explained                                                                   
that  volunteers assisting  state  troopers in  a search  and                                                                   
rescue  operation  are not  allowed  or entitled  to  workers                                                                   
compensation and  this bill seeks  to rectify this  wrong. He                                                                   
stressed that volunteers serve  the state by rescuing people,                                                                   
and if the volunteer  is hurt during a mission,  they are not                                                                   
provided  workers compensation.  This  bill  would treat  the                                                                   
volunteers  as   state  employees   and  provide   them  some                                                                   
protection for their  service. In Section 5 it  would allow a                                                                   
municipality  to extend  similar coverage  to the  volunteers                                                                   
who are  serving at the direction  of a municipal  search and                                                                   
rescue operation.  He referred  to support letter  and emails                                                                   
from throughout the state.                                                                                                      
                                                                                                                                
6:09:55 PM                                                                                                                    
                                                                                                                                
Co-Chair Stedman reviewed the three fiscal notes.                                                                               
                                                                                                                                
6:10:16 PM                                                                                                                    
                                                                                                                                
Senator  Elton  pointed out  that  the  City and  Borough  of                                                                   
Juneau  does   not  have  a   state  trooper   therefore  the                                                                   
municipality  not the state  would be forced  to pick  up the                                                                   
additional cost.                                                                                                                
                                                                                                                                
6:11:10 PM                                                                                                                    
                                                                                                                                
Mr.  Pawlowski expressed  that the  state could  not be  held                                                                   
responsible  for search  and rescue activities  they  did not                                                                   
control. The municipalities  would need to step  up when they                                                                   
are in control and provide for the additional cost.                                                                             
                                                                                                                                
6:12:36 PM                                                                                                                    
                                                                                                                                
Senator  Olson inquired  if there  would be  any cost to  the                                                                   
communities that  are participating  in many of  these search                                                                   
and rescue operations.                                                                                                          
                                                                                                                                
Mr. Pawlowski replied that the  cost would be incurred to the                                                                   
community  if  the  community   decided  to  provide  workers                                                                   
compensation  to  the  volunteers.  If a  state  trooper  was                                                                   
involved, then the state would pick up the cost.                                                                                
                                                                                                                                
Senator Olson inquired  if the Alaska Municipal  League had a                                                                   
position on this topic.                                                                                                         
                                                                                                                                
Mr. Pawlowski  replied that the  Alaska Municipal  League has                                                                   
taken  no official  position  since  it was  left  up to  the                                                                   
discretion of the municipalities.                                                                                               
                                                                                                                                
6:13:41 PM                                                                                                                    
                                                                                                                                
Senator  Huggins  questioned that  when  there  is an  aerial                                                                   
component in the  search, such as a helicopter  assist, would                                                                   
they also be covered under this bill.                                                                                           
                                                                                                                                
Mr.  Pawlowski  confirmed  it  would  be  covered  the  state                                                                   
troopers  had  requested  the  participation  of  the  aerial                                                                   
component.                                                                                                                      
                                                                                                                                
6:14:27 PM                                                                                                                    
                                                                                                                                
Senator Elton interjected that  if the volunteer was a member                                                                   
of  the Civil  Air Patrol  assisting the  Air National  Guard                                                                   
they would not be covered.                                                                                                      
                                                                                                                                
Mr.  Pawlowski agreed  that  they are  separate,  but if  the                                                                   
Department of  Public Safety initiates the search  and rescue                                                                   
operation, then it would be covered.                                                                                            
                                                                                                                                
Co-Chair Hoffman  inquired if those individuals  who start on                                                                   
a search  and rescue  operation on the  local level  before a                                                                   
state trooper becomes involved would be covered.                                                                                
                                                                                                                                
Mr. Pawlowski  responded  that local searchers  would  not be                                                                   
covered until a state trooper became involved.                                                                                  
                                                                                                                                
Co-Chair  Hoffman  inquired  if  the  local  individuals  who                                                                   
continued the  operation after  the troopers were  call would                                                                   
be covered.                                                                                                                     
                                                                                                                                
6:17:13 PM                                                                                                                    
                                                                                                                                
Mr. Pawlowski  responded that if  the troopers take  over the                                                                   
mission and the  local volunteers are on the  trooper roster,                                                                   
then they would be covered.                                                                                                     
                                                                                                                                
Co-Chair  Hoffman  asked  if that  would  require  the  state                                                                   
troopers to ask for their assistance  or would they just sign                                                                   
up.                                                                                                                             
                                                                                                                                
6:18:13 PM                                                                                                                    
                                                                                                                                
Mr. Pawlowski deferred the questioned to Lt. Rodney Dial.                                                                       
                                                                                                                                
6:18:40 PM                                                                                                                    
                                                                                                                                
RODNEY DIAL,  LIEUTENANT, ALASKA  STATE TROOPERS,  DEPARTMENT                                                                   
OF PUBLIC  SAFETY  testified via  teleconference and  replied                                                                   
that when  the state  troopers are notified  of a  search and                                                                   
rescue  the process  of authorizing  participants begins.  If                                                                   
volunteer   participants  search   against  the  advice   and                                                                   
operational control  of the state  troopers, then  they would                                                                   
not be  covered. Mr.  Dial cited  that there  are search  and                                                                   
rescue rosters  throughout the  state for the  state troopers                                                                   
to call in an emergency situation.                                                                                              
                                                                                                                                
6:21:13 PM                                                                                                                    
                                                                                                                                
Senator  Elton believed  that the  new language  in the  bill                                                                   
states that  the coverage will  not begin until  someone from                                                                   
the  Commissioner   or  Commissioner   Designee  decides   to                                                                   
organize the search. Senator Elton  noted that often searches                                                                   
start before  there is  an official  beginning. He  asked for                                                                   
confirmation that if someone was  injured before the official                                                                   
start then they would not be covered.                                                                                           
                                                                                                                                
6:22:14 PM                                                                                                                    
                                                                                                                                
Lt.  Dial  responded  that injured  searchers  would  receive                                                                   
coverage from  Risk Management  not workers compensation.  If                                                                   
the state  troopers were  not notified  of an ongoing  search                                                                   
and rescue  operation then the  searchers would have  to take                                                                   
personal responsibility.                                                                                                        
                                                                                                                                
6:23:19 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman remarked  that because  the large  areas in                                                                   
Alaska local  community often  initiates a search  and rescue                                                                   
operation hours before the official  troopers are notified or                                                                   
able to  respond. He inquired  how state troopers  would take                                                                   
over the search and make it official.                                                                                           
                                                                                                                                
6:24:24 PM                                                                                                                    
                                                                                                                                
Lt. Dial  responded that  most local  communities notify  the                                                                   
official representatives  in a  timely manner about  a search                                                                   
and rescue  needs. He signified  the importance of  the local                                                                   
community  to notify the  state troopers  even if someone  is                                                                   
overdue so  the troopers can cut  a case number and  make the                                                                   
action official. The responsibilities  of the newly requested                                                                   
civilian  position  would  be to  coordinate  and  officially                                                                   
activate information  coming into  the department  from local                                                                   
communities.                                                                                                                    
                                                                                                                                
6:25:46 PM                                                                                                                    
                                                                                                                                
Co-Chair Hoffman  inquired if  the department would  take the                                                                   
initiative to  sign up the local  searchers so they  would be                                                                   
covered.                                                                                                                        
                                                                                                                                
6:26:27 PM                                                                                                                    
                                                                                                                                
Lt. Dial responded  that everyone asked by the  department to                                                                   
help would be covered.                                                                                                          
                                                                                                                                
Co-Chair  Hoffman asked  if  the department  would  authorize                                                                   
this.                                                                                                                           
                                                                                                                                
Lt.  Dial agreed  that  the  department would  authorize  the                                                                   
individuals and the coverage would be automatic.                                                                                
                                                                                                                                
6:27:06 PM                                                                                                                    
                                                                                                                                
COREY AIST,  PRESIDENT, ALASKA SEARCH AND  RESCUE ASSOCIATION                                                                   
testified  via teleconference  and  spoke in  support of  the                                                                   
bill.  He  clarified  that  the   spontaneous  searchers  who                                                                   
respond to a search and rescue  operation are not necessarily                                                                   
covered  under  this  bill  until   the  state  troopers  are                                                                   
notified.                                                                                                                       
                                                                                                                                
6:28:42 PM                                                                                                                    
                                                                                                                                
CHUCK SPRINGER,  FORMER PRESIDENT,  ALASKA SEARCH  AND RESCUE                                                                   
ASSOCIATION  testified   via  teleconference  and   spoke  in                                                                   
support of  the bill. He  cited that throughout  Alaska local                                                                   
trained searchers  selflessly provide help to  the Department                                                                   
of Public Safety in a time of need.                                                                                             
                                                                                                                                
AT EASE: 6:30:04 PM                                                                                                           
RECONVENED: 6:31:40 PM                                                                                                        
                                                                                                                                
Co-Chair  Hoffman  MOVED to  REPORT  CSHB  320 (FIN)  out  of                                                                   
Committee  with individual  recommendation  and  accompanying                                                                   
fiscal note. There being NO OBJECTION, it was so ordered.                                                                       
                                                                                                                                
CSHB  320  (FIN)  was  REPORTED  out  of  Committee  with  no                                                                   
recommendations  and accompanying new  fiscal noted  from the                                                                   
Department of Administration and  previously published fiscal                                                                   
notes from  the Department  of Administration, Department  of                                                                   
Public  Safety, and  the Department  of  Labor and  Workforce                                                                   
Development.                                                                                                                    
                                                                                                                                
AT EASE: 6:32:23 PM                                                                                                           
RECONVNED: 6:37:48 PM                                                                                                         
                                                                                                                                

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