Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/14/2021 01:30 PM Senate LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB126 | |
| SB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 126 | TELECONFERENCED | |
| + | SB 131 | TELECONFERENCED | |
| += | SB 41 | TELECONFERENCED | |
| += | SB 38 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
May 14, 2021
1:31 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Peter Micciche
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Joshua Revak, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 126
"An Act extending the termination date of the Board of Public
Accountancy; and providing for an effective date."
- MOVED HB 126 OUT OF COMMITTEE
SENATE BILL NO. 131
"An Act relating to the presumption of compensability for a
disability resulting from certain diseases for firefighters."
- MOVED SB 131 OUT OF COMMITTEE
SENATE BILL NO. 41
"An Act relating to health care insurers; relating to
availability of payment information; relating to an incentive
program for electing to receive health care services for less
than the average price paid; relating to filing and reporting
requirements; relating to municipal regulation of disclosure of
health care services and price information; and providing for an
effective date."
- BILL HEARING CANCELED
SENATE BILL NO. 38
"An Act relating to the practice of naturopathy; establishing
the Naturopathy Advisory Board; relating to the licensure of
naturopaths; relating to disciplinary sanctions for naturopaths;
relating to the Department of Commerce, Community, and Economic
Development; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 126
SHORT TITLE: EXTEND BOARD OF PUBLIC ACCOUNTANCY
SPONSOR(s): REPRESENTATIVE(s) THOMPSON
03/05/21 (H) READ THE FIRST TIME - REFERRALS
03/05/21 (H) L&C, FIN
03/31/21 (H) L&C AT 3:15 PM BARNES 124
03/31/21 (H) Heard & Held
03/31/21 (H) MINUTE(L&C)
04/02/21 (H) L&C AT 8:00 AM GRUENBERG 120
04/02/21 (H) Moved HB 126 Out of Committee
04/02/21 (H) MINUTE(L&C)
04/05/21 (H) L&C RPT 4DP
04/05/21 (H) DP: KAUFMAN, SCHRAGE, SNYDER, SPOHNHOLZ
04/13/21 (H) FIN AT 1:30 PM ADAMS 519
04/13/21 (H) Heard & Held
04/13/21 (H) MINUTE(FIN)
04/20/21 (H) FIN AT 9:00 AM ADAMS 519
04/20/21 (H) Moved HB 126 Out of Committee
04/20/21 (H) MINUTE(FIN)
04/21/21 (H) FIN RPT 11DP
04/21/21 (H) DP: ORTIZ, EDGMON, LEBON, THOMPSON,
JOHNSON, WOOL, JOSEPHSON, RASMUSSEN,
04/21/21 (H) CARPENTER, MERRICK, FOSTER
05/04/21 (H) TRANSMITTED TO (S)
05/04/21 (H) VERSION: HB 126
05/05/21 (S) READ THE FIRST TIME - REFERRALS
05/05/21 (S) L&C, FIN
05/10/21 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/10/21 (S) Scheduled but Not Heard
05/10/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
05/10/21 (S) <Bill Hearing Rescheduled to
05/14/2021>
05/14/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 131
SHORT TITLE: WORKERS' COMP DISABILITY FOR FIREFIGHTERS
SPONSOR(s): SENATOR(s) HOLLAND
04/28/21 (S) READ THE FIRST TIME - REFERRALS
04/28/21 (S) CRA, L&C
05/06/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/06/21 (S) Heard & Held
05/06/21 (S) MINUTE(CRA)
05/11/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/11/21 (S) -- MEETING CANCELED --
05/13/21 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
05/13/21 (S) Moved SB 131 Out of Committee
05/13/21 (S) MINUTE(CRA)
05/14/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 126.
KRIS CURTIS, Legislative Auditor
Legislative Audit Division
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Discussed the sunset audit of the Board of
Public Accountancy during the hearing on HB 126.
LESLIE SCHMITZ, Chair
Board of Public Accountancy
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Provided supporting testimony for HB 126.
CRISTA BURSON, President and CEO
Alaska Society of CPAs
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 126.
SARA CHAMBERS, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
126.
SENATOR ROGER HOLLAND
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 131.
NIKKI ROSE, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 131 on behalf of the sponsor.
LORI WING-HEIR, Director
Division of Insurance
Department of Commerce, Community and Economic Development
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
on SB 131.
CHARLES COLLINS, Director
Division of Workers Compensation
Department of Labor and Workforce Development
Juneau, Alaska
POSITION STATEMENT: Testified that the division was neutral on
SB 131.
TIM BENNINGFIELD, Fire Chief
Chugiak Fire Department; and representing
Alaska Fire Chiefs Association
Chugiak, Alaska
POSITION STATEMENT: Testified in support of SB 131.
ACTION NARRATIVE
1:31:06 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Gray-Jackson, Micciche, and Chair Costello.
Senator Stevens arrived soon thereafter.
HB 126-EXTEND BOARD OF PUBLIC ACCOUNTANCY
1:31:45 PM
CHAIR COSTELLO announced the consideration of HOUSE BILL NO. 126
"An Act extending the termination date of the Board of Public
Accountancy; and providing for an effective date."
1:32:01 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, Juneau,
Alaska, introduced HB 126 paraphrasing the following sponsor
statement:
HB 126 extends the termination date for the Board of
Public Accountancy for eight years until June 30,
2029.
Legislative Audit conducted their review of this board
and concluded that "?the board served the public's
interest by conducting meetings in accordance with
state laws, amending certain regulations to improve
the public accountancy occupation, and effectively
licensing and regulating certified public accountants
and partnerships/corporations engaged in the practice
of public accountancy."
The Board of Public Accountancy consists of seven
members appointed by the Governor. Five members are
certified public accountants or public accountants,
and two members are public members.
Extending the Board of Public Accountancy is critical
in protecting the public interest by ensuring that
only qualified persons are licensed, and that
appropriate standards of competency and practice are
established and enforced.
REPRESENTATIVE THOMPSON disclosed that his wife is a CPA and
past member of the Board of Public Accountancy.
1:33:36 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit,
Alaska State Legislature, Juneau, Alaska, stated that the
Division of Legislative Audit conducted a sunset audit of the
Board of Public Accountancy the purpose of which was to
determine whether the board is serving the public's interest and
should be extended.
She reported that the audit concluded that the board served the
public's interest by conducting meetings in accordance with
state law, by amending certain regulations to improve the
occupation, and by effectively licensing and regulating
certified public accountants and those engaged in public
accountancy. The division recommends that the legislature extend
the board for 8 years, which is the maximum allowed by statute.
1:34:23 PM
MS. CURTIS directed attention to the standard licensing
statistics on page 5 of the audit [copies in members' packets].
She said the exhibit shows that as of January 2020, there were
1,320 active licenses and permits in the state. This is a 10
percent increase compared to the prior 2012 sunset audit. The
auditors found that the reason for the increase was that Alaska
is among the few states that does not require a Social Security
number for licensure. This resulted in the board receiving many
international applications.
She directed attention to the list of board revenues and
expenditures on page 7. As of the end of FY2019, the board had a
surplus of just more than $84,000. The schedule of fees is on
page 8.
MS. CURTIS said the audit recommends, on page 11, that the
Division of Corporations, Business, and Professional Licensing's
chief investigator ensure timely completion of investigations.
Auditors found that from July 2016 through January 2020, 101 or
40 percent of those cases were open for more than 180 days. A
review of five of those cases found that two had periods of
unjustified inactivity ranging from 64-219 days.
MS. CURTIS directed attention to the response to the audit on
page 21. She reported that the commissioner of the Department of
Commerce, Community, and Economic Development agreed with the
conclusions of the report except for the conclusion that 40
percent of investigations took over six months to complete. The
commissioner stated, "The Division of Corporations, Business,
and Professional Licensing has no control over how an
investigation will unfold or how long it will take, and it does
not have a policy that all investigations should be completed
within any specific timeframe." She highlighted that the
commissioner did authorize an additional investigative
supervisor to reduce caseloads.
1:36:32 PM
MS. CURTIS stated that the commissioner also took exception to
the conclusion that the use of technology had affected the
board's operations, arguing that the existing technology tools
have been successful for all the boards.
MS. CURTIS directed attention to the response from the chair of
the board that begins on page 25. The chair did not disagree
with the conclusions but did highlight a disagreement that the
board is having with the division about what constitutes
essential travel.
1:37:07 PM
CHAIR COSTELLO asked for the number of licensed CPAs in the
state.
MS. CURTIS answered that there are 1,118, including herself and
many of her staff.
CHAIR COSTELLO moved to invited testimony.
1:37:52 PM
LESLIE SCHMITZ, Chair, Board of Public Accountancy, Division of
Corporations, Business and Professional Licensing, Department of
Commerce, Community and Economic Development, Anchorage, Alaska,
stated that she was serving her eighth and final year on the
board. She thanked the Division of Legislative Audit for
recommending the 8-year extension for the board. She stated that
the board tries to be interactive with stakeholders, the public,
and licensees and attempts to stay active at the national level
to address issues that affect the profession. She reported that
the board also maintains ongoing projects to update its statutes
and regulations to stay current with national trends. On behalf
of the board, she thanked the committee for hearing HB 126.
1:39:03 PM
CHAIR COSTELLO opened public testimony on HB 126.
1:39:20 PM
CRISTA BURSON, President and CEO, Alaska Society of CPAs
(Alaska-CPA), Anchorage, Alaska, stated support for HB 126 and
extending the termination date for the Board of Public
Accountancy for the maximum eight years. She said this board
operates in the public's interest and provides appropriate
regulatory oversight of Alaska licensed CPAs. The board is
inclusive of all interested parties and it has a positive and
collaborative relationship with Alaska-CPA. She thanked the
committee for its consideration of the bill.
1:40:21 PM
CHAIR COSTELLO closed public testimony on HB 126. She asked Sara
Chambers to comment on the timeliness of investigations. She
offered her understanding that the board is not responsible for
the timing of an investigation once it starts.
1:41:03 PM
SARA CHAMBERS, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community and
Economic Development, Juneau, Alaska, stated that investigative
timeliness is the responsibility of the division investigators.
None of the cases Ms. Curtis mentioned related to board action.
Rather, they were delays that sometimes occur through the normal
investigative process such as life, health, and safety matters,
which receive priority above most other investigations for the
CPA Board. The concern she and Ms. Curtis discussed is that the
division is not adequately documenting the rationale for the
delays. That is not a board responsibility but it is a reporting
criterion of the audit.
CHAIR COSTELLO asked for the number of division investigators
the number of boards and commissions in the state.
MS. CHAMBERS answered that the division oversees 43 licensing
programs and it has 18 professional investigators. She noted
that some of the programs have multiple investigators working on
them and some programs, like the CPA Board, share one
investigator among several boards.
CHAIR COSTELLO asked if COVID-19 affected the timeliness of the
investigations.
MS. CHAMBERS said no; in fact, the efficiencies the division has
been working on over the last year have shortened the average
closure time for cases by 100 days.
1:45:14 PM
CHAIR COSTELLO asked her to provide information on the
timeliness of all the investigations the division undertakes.
MS. CHAMBERS agreed to run the report and forward it to the
committee as soon as possible.
1:45:49 PM
SENATOR GRAY-JACKSON moved to report HB 126, work order 32-
LS0429\A, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COSTELLO found no objection and HB 126 was reported from
the Senate Labor and Commerce Committee.
1:46:15 PM
REPRESENTATIVE THOMPSON thanked the committee for its
consideration.
1:46:26 PM
At ease
SB 131-WORKERS' COMP DISABILITY FOR FIREFIGHTERS
1:49:17 PM
CHAIR COSTELLO announced the consideration of SENATE BILL NO.
131 "An Act relating to the presumption of compensability for a
disability resulting from certain diseases for firefighters."
1:49:37 PM
SENATOR ROGER HOLLAND, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 131, stated that the scientific studies and the
statistics of breast cancer among firefighters provides a clear
and compelling argument for adding this disability coverage for
firefighters.
1:50:34 PM
SENATOR STEVENS joined the committee.
1:50:43 PM
NIKKI ROSE, Staff, Senator Roger Holland, Alaska State
Legislature, Juneau, Alaska, read the sponsor statement for SB
131 into the record.
Firefighting is an inherently dangerous job. It is
important that workers compensation insurance provides
coverage for the inherent risks in that job, but right
now there is a hole in that coverage: breast cancer.
This bill would add breast cancer to the list of
presumed disability coverages for firefighters, so
long as the firefighter could establish medically that
the breast cancer was caused by work as a firefighter.
Instances of cancer in firefighters is shown to be
higher than the general population. Studies that have
evaluated cancer risk among women firefighters suggest
women firefighters, like their male coworkers, may be
at an elevated risk for overall cancer incidence
(Daniels et al., 2014). These studies also suggest
women firefighters may be at an elevated incidence
risk for breast cancer (Daniels et al., 2014). This
bill protects not only women, because exposure to
carcinogenic chemicals, which is sometimes necessary
in the course of a firefighter's job, does not
discriminate based on sex or gender. Exposure to these
chemicals may be mitigated, but not eliminated,
through protective equipment. Firefighters are at a
higher risk of cancer, and this risk should be
covered.
CHAIR COSTELLO asked if there were questions.
1:52:22 PM
SENATOR STEVENS said he supports the concept but he has concerns
about the language on page 3 that talks about breast cancer
being caused by an individual's work as a firefighter. He asked
the reason for the limitation.
SENATOR HOLLAND suggested he show the PowerPoint "Senate Bill
131 WORKERS' COMPENSATION DISABILITY FOR FIREFIGHTERS" to
clarify the reasoning. He read the following:
Firefighting is an inherently dangerous job.
It is important that workers compensation insurance
provides coverage for the inherent risks in that job.
SENATOR HOLLAND explained that firefighting has two sources of
risk. One is being inside a burning structure where burning
pieces are falling. The second is breathing and absorbing the
carcinogens from the burning structure and its contents.
Currently, there is an oversight in Alaska Statutes
regarding that coverage: Breast Cancer.
SB 131 would add breast cancer to the list of presumed
disability coverages for firefighters, so long as the
firefighter could establish that the breast cancer was
caused by their work as a firefighter.
SENATOR HOLLAND asked Senator Stevens if his question was about
presumed disability.
SENATOR STEVENS said yes but he wondered how a disability could
be scientifically proven to be the result of exposure during
firefighting as opposed to before or after that employment. He
noted that he would error on the side of the employee.
SENATOR HOLLAND responded that presumed disability is covered
toward the end of the PowerPoint.
1:54:50 PM
SENATOR HOLLAND continued to read the text from the PowerPoint.
Instances of cancer in firefighters is shown to be
higher than the general population.
Studies that have evaluated cancer risk among women
firefighters suggest women firefighters, like their
male coworkers, may be at an elevated risk for overall
cancer incidence (Daniels et al, 2014).
These studies also suggest women firefighters may be
at an elevated incidence of risk for breast cancer
(Daniels et al, 2014).
In the general population, less than one percent of
males are likely to develop breast cancer in their
lifetime.
Studies have found strong associations between
firefighting and male breast cancer (Ma et al, 2005).
Male firefighters are 7.5 times more likely to die
from breast cancer than their non-Fire Service
counterparts. (Ma et al, 2005)
The same mechanism that would cause increases in
breast cancer in men is thought to result in
proportional increases in risk among women.
1:55:52 PM
SENATOR HOLLAND read the following excerpt from a May 5, 2021,
letter from Paul Miranda, president of the Alaska Professional
Firefighters Association, to emphasize the need for presumptive
laws on this issue for both male and female firefighters.
Although breast cancer is much rarer in men, one of
our former male members in Fairbanks experienced a
long battle with breast cancer that was determined to
be directly related to his job as a 42 year fire
fighter. In 2017, Fairbanks Fire Chief Warren Cummings
passed away after battling breast cancer that had
metastasized into other areas of his body.
1:56:29 PM
SENATOR HOLLAND continued the PowerPoint reading the general
statistics on slides 5 and 6.
1:56:35 PM
In the general population, less than one percent of males are
likely to develop breast cancer in their lifetime.
Studies have found strong associations between
firefighting and male breast cancer (Ma et al, 2005).
Male firefighters are 7.5 times more likely to die
from breast cancer than their non-Fire Service
counterparts. (Ma et al, 2005)
The same mechanism that would cause increases in
breast cancer in men is thought to result in
proportional increases in risk among women.
In the general population, one in eight women (12 %)
will likely contract breast cancer in their lifetime.
At only about four percent of the firefighter
population, small sample sizes make it difficult to
draw conclusions about females and breast cancer in
the Fire Service.
This bill protects not only women, because exposure to
carcinogenic chemicals, which often occurs in the
normal course of a firefighter's job, does not
discriminate based on sex or gender.
SENATOR HOLLAND reviewed presumptive laws reading the text on
slides 7 and 8.
Presumptive laws are regulations that assume a given
disease is linked, by default, to a specific
occupation.
This means that when someone is diagnosed with an
illness covered under a presumptive law, they are
automatically entitled to disability or workers'
compensation, medical expense coverage, and medical
leave, provided they meet certain criteria.
Without presumptive laws, to get these benefits,
firefighters and other workers may have to prove that
their line of work caused their disease.
This process can be lengthy and expensive at a time
when resources should be dedicated toward treatment,
wellness, and, sometimes, end-of-life decisions.
1:58:10 PM
SENATOR HOLLAND read the text on slide 9
Alaska Statute 23.30.121.
Breast Cancer would join the existing list, including:
1. Respiratory Disease
2. Cardiovascular Events (Limited)
3. Primary Brain Cancer
4. Malignant Melanoma
5. Non-Hodgkin's Lymphoma
6. Bladder Cancer
7. Ureter Cancer
8. Kidney Cancer
9. Prostate Cancer
1:58:34 PM
SENATOR HOLLAND read the qualifying criteria on slides 11 and
12.
Once added to the list, several standard limitations
would apply. The firefighter must:
1. Have been a firefighter for at least seven years,
2. Have had initial and annual medical exams showing
no evidence of disease,
3. Be able to demonstrate exposure to a known
carcinogen while in the Fire Service,
4. At a minimum, be certified as a Firefighter I.
Other qualifying criteria would apply, including:
1. Coverage may be denied based on:
a. Use of tobacco products,
b. Physical fitness and weight,
c. Lifestyle decisions,
d. Hereditary factors, and
e. Exposure from other employment/non-employment
activities.
1:59:48 PM
2. Some post-employment coverage is available,
a. Three months accrued for every year of
service,
b. Five year maximum.
SENATOR HOLLAND advised that the two greatest risks for breast
cancer are being female and being over 50 years of age. He noted
that even with hereditary factors, it is possible to show
evidence that somebody's breast cancer is linked to their
service as a firefighter.
2:00:43 PM
SENATOR HOLLAND displayed the list on slide 13 of states
confirmed to have presumptive laws that include breast cancer.
He expressed his hope to add Alaska to this list.
1. Arizona 6. Maine 11. New York
2. Arkansas 7. Maryland 12. Oregon
3. Colorado 8. Missouri 13. Virginia
4. Idaho 9. Montana 14.Wisconsin
5. Iowa 10. New Mexico 15.
2:01:07 PM
CHAIR COSTELLO asked what entity makes the decision about the
presumptive law.
SENATOR HOLLAND deferred the question to the Director of
Insurance Lori Wing-Heier or Fire Chief Benningfield.
CHAIR COSTELLO noted that in an earlier conversation, he gave
the impression that it was an oversight that breast cancer was
not included in Alaska's presumptive law. She asked if that was
accurate.
SENATOR HOLLAND said he believes it was an oversight. Statistics
show that male firefighters are 7.5 times more likely to die of
breast cancer than males who are not firefighters and he
believes that as more women enter the firefighting profession
the incidence of breast cancer for this group will be
proportionately higher compared to women who are not
firefighters.
2:03:08 PM
LORI WING-HEIR, Director, Division of Insurance, Department of
Commerce, Community and Economic Development, Anchorage, Alaska,
explained that the process for a typical workers' compensation
claim would be that an adjuster would look at the laws and
findings and make a determination. If the claim were denied, the
remedy available to the firefighter would be an appeal to the
Workers' Compensation Board or in court.
CHAIR COSTELLO asked if anyone asked the division to have an
adjuster look at breast cancer even though it is not in the list
of presumptive conditions.
MS. WING-HEIER replied she did not know about workers'
compensation but nobody had approached the Division of
Insurance.
CHAIR COSTELLO asked if the administration had a position on the
bill.
MS. WING-HEIER answered that the administration is neutral on
the bill. She added that there is no data to show that this
would increase costs. In fact, workers' compensation has come
down significantly in the last few years.
2:05:00 PM
SENATOR STEVENS asked how the presumptive law works.
MS. WING-HEIER explained that after a diagnosis, an adjuster
would look at the cause. She noted that workers' compensation
usually looks at injury but an occupational injury would require
a deeper dive into how the person contracted the condition. This
would include a look at the person's medical and occupational
histories as well as hobbies to narrow it down to the
presumption that the person had a clean lifestyle and there was
no other contributing cause for the breast cancer.
SENATOR STEVENS said his concern was that insurance companies
never want to pay but he appreciated the comments.
CHAIR COSTELLO offered her understanding that if there was a
hereditary link to breast cancer, the individual would not fall
under the presumptive laws.
MS. WING-HEIER replied that factor would be carefully reviewed
before saying the presumption was not that they were a
firefighter but that it was hereditary.
2:06:41 PM
SENATOR MICCICHE pointed out that the conditions already on the
presumptive list are about workers' compensation and he believes
that breast cancer clearly belongs on the list too.
MS. WING-HEIER replied that coverage under workers' compensation
would provide lifetime medical and lost wages that health
insurance may not pay for.
2:08:33 PM
SENATOR STEVENS asked for confirmation that volunteers have no
coverage under workers' compensation.
MS. WING-HEIER answered no; most volunteer firefighters are
covered under a workers' compensation policy. The potential
difficulty is that the person must have a physical before they
start work and annually thereafter to determine whether or not
cancer is present. A finding of cancer after employment would
trigger the presumption, but many smaller municipalities and
volunteer fire departments cannot afford the annual physicals,
and that would exclude those firefighters.
CHAIR COSTELLO asked Mr. Collins to provide testimony and answer
any questions he heard in the foregoing discussion.
2:09:48 PM
CHARLES COLLINS, Director, Division of Workers Compensation,
Department of Labor and Workforce Development (DOLWD), Juneau,
Alaska, referenced the questions about presumption and explained
that unless a medical professional finds that the injury or
disease was caused by the person's work, the case would not be
accepted as a workers' compensation claim. He said prostate
cancer was added to the presumptive list under AS 23.30.121
about six years after the law passed in August 2008 and he
believes that adding breast cancer at this time is a natural
progression.
MR. COLLINS agreed with Ms. Wing-Heier that volunteer
firefighters would be covered if they had a physical before they
started work and each year thereafter for seven years, and they
held a firefighter I certificate or greater. He acknowledged
that the bar was high. He said the division's records indicated
that the cost to workers' compensation to add breast cancer
coverage would be minimal, although there is no actuarial data
for some of the larger municipalities because they are self-
insured so the evidence is not definitive. He advised that the
division had a neutral position on the bill.
2:14:15 PM
CHAIR COSTELLO asked if an individual would be able to
retroactively assert that their visit to a doctor was related to
a workers' compensation claim.
MR. COLLINS replied that is not generally an issue. In fact,
medical professionals often alert the division that there is a
work-related claim in process.
2:15:50 PM
SENATOR STEVENS asked if a firefighter could work in several
different fire departments to meet the seven years of work
requirement.
MR. COLLINS answered yes, and deferred further explanation to
Chief Benningfield or Justin Mack.
CHAIR COSTELLO asked Chief Benningfield to provide his testimony
and answer any questions from the foregoing discussion that
relate to his experience.
2:16:52 PM
TIM BENNINGFIELD, Fire Chief, Chugiak Fire Department, Chugiak,
Alaska, stated that he was representing the Alaska Fire Chiefs
Association. He explained that AFCA picked up this issue after
recognizing the gap in the presumptive law. He said he is
personally interested in the issue because 32 percent of
firefighters in the Chugiak Fire Department are females. His
belief is that Alaska has more women firefighters than other
states so it is important for Alaska to fill this gap. He
acknowledged other gaps in the presumptive law, but said breast
cancer is the biggest discrepancy and that gap needs to be
filled.
CHIEF BENNINGFIELD confirmed that a firefighter could work in
several different fire departments to meet the seven years of
work requirement. However, he wanted to point out that if breast
cancer were added to the list of presumptive diseases today,
nobody at the Chugiak Fire Department would be covered by this
presumptive legislation seven years from today. He said that has
to do with the fact that it is cost prohibitive for a fire
department like Chugiak, and the majority of volunteer fire
departments statewide, to provide the initial medical
examination and annual examinations for seven years.
CHIEF BENNINGFIELD concluded, "We will likely never benefit from
this presumptive legislation. However, we are adamant that we
want to work hard for all of our departments across the state."
CHAIR COSTELLO thanked him for his service.
2:20:32 PM
SENATOR STEVENS asked what the known carcinogens are in burning
buildings.
CHIEF BENNINGFIELD answered that certified level 1 firefighters
operate in an IDLH [immediately dangerous to life or health]
atmosphere where hundreds of known carcinogens contaminate gear
and leach through skin.
2:22:21 PM
SENATOR GRAY-JACKSON asked him to clarify the statement that
volunteer fire departments would not be covered by the bill.
CHIEF BENNINGFIELD replied that the legislation covers volunteer
fire departments but most volunteer departments cannot afford
the required annual medical examinations.
2:23:54 PM
CHAIR COSTELLO opened public testimony on SB 131; finding none,
she closed public testimony.
2:24:07 PM
At ease
CHAIR COSTELLO reconvened the meeting and solicited a motion.
2:24:30 PM
SENATOR GRAY-JACKSON moved to report SB 131, work order 32-
LS0598\A, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COSTELLO found no objection and SB 131 was reported from
the Senate Labor and Commerce Standing Committee.
SENATOR HOLLAND thanked the committee and said he hopes this is
just the first step in fixing problems with the presumptive law.
He shared that he might address the number of required medical
examinations in a future bill.
2:25:56 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 2:25 p.m.
| Document Name | Date/Time | Subjects |
|---|