HB 221: WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC. Number 030 REPRESENTATIVE BILL HUDSON, PRIME SPONSOR OF HB 221, read his sponsor statement into the record. (Copies of this sponsor statement and the committee substitute may be found in the House Community and Regional Affairs Committee Room, Capitol Room 110, and after the adjournment of the second session of the 18th Alaska State Legislature, in the Legislative Reference Library.) LARRY FANNING, FIRE CHIEF, CITY AND BOROUGH OF JUNEAU, testified in support of HB 221 and gave an example where HB 221 would have clarified existing statutes. REPRESENTATIVE CYNTHIA TOOHEY voiced her support for HB 221. Number 175 REPRESENTATIVE CON BUNDE asked, "What does the city (Juneau) think about this?" MR. FANNING said the City and Borough of Juneau passed a resolution supporting an extension in workers' compensation coverage "including training and approved department activities" for volunteers. Number 191 REPRESENTATIVE HUDSON said, "The City and Borough of Juneau has not formally entered a position on this bill (HB 221), but in my conversations with the mayor...they see the need for this legislation to clarify it." REPRESENTATIVE BUNDE rephrased his concern, "I was thinking of places...who might have a fire department and find the workers' compensation contribution may have a significant impact on their budget to be able to function. Is there any concern from small volunteer fire departments?" Number 212 CHAIRMAN OLBERG said, "I don't believe this calls for contribution on the part of a small volunteer fire department or any fire department, is that correct?" REPRESENTATIVE HUDSON said, "I believe that any volunteer ...if they are called out to go fight fires they become an employee. What the bill (HB 221) does... It says they are employees, and they are employees at the rate in which they normally come to the fire at and too, that it is not just when they are going to actually fight a fire but if they are partaking in anything that is valid, that they are covered as employees as well." Number 234 CHAIRMAN OLBERG said, "I think the point should be made that every volunteer fire fighter in the state of Alaska regardless of where they are when they respond to a fire, is considered an employee of the state of Alaska." REPRESENTATIVE BUNDE said, "I understand the intent of the bill (HB 221) and I do not disagree with that, but workers' comp (compensation) costs money, someone has to pay for that. There is no indication with this zero fiscal note. Where does this increased workmen's comp coverage come from to pay for it?" REPRESENTATIVE HUDSON said, "I don't believe there is going to be an appreciable increase in the overall contribution to workers' compensation. ...The compensation I believe...comes from the private sector." Number 269 JOHN GEORGE, LOBBYIST, ALASKA STATE FIRE FIGHTERS ASSOCIATION, and ASSISTANT FIRE CHIEF, AUKE BAY DISTRICT CAPITAL CITY FIRE AND RESCUE DEPARTMENT, clarified, "Workers' compensation is paid for by the employer. In the case of a volunteer fireman in Juneau, that would be the City and Borough of Juneau. The state is not providing these benefits. It is a municipal responsibility, just as if someone was driving a city pickup truck for the Harbor Department and was injured... The bill (HB 221) does not do anything as far as adding liability for workers' comp for the employee." MR. GEORGE continued, "The law already says that they are covered for workers' comp for all training (and) while responding to fires. But it is not so clear when you just read it...you have to go through a long construction and go from place to place in the statute book to come up with that conclusion." He added, "We would just like the firemen to have that same advantage. When we get hurt, our families, we think, are entitled to receive wage replacement based on what we were making, not based necessarily on what an entry level fire fighter would make." Number 318 REPRESENTATIVE BUNDE persevered, "My point again is, this increases further liability that costs more. Who is paying for it? The city is going to pay for an increased workers' comp coverage in this case. In other cases, who pays for it?" REPRESENTATIVE BUNDE pointed out HB 221 would indeed increase the workers' compensation rate, but since Mr. George, who represents all state fire fighters statewide supports it, he would. REPRESENTATIVE JOHN DAVIES MOVED to PASS HB 221 out of committee with individual recommendations. There were no objections, and the MOTION CARRIED.