HOUSE BILL NO. 31 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." JON BITTNER, STAFF, REPRESENTATIVE TOM ANDERSON, read the sponsor statement (copy on file.) He shared examples of the dangers of being a firefighter and the increased likelihood of contracting cancer. HB 31 provides presumption of coverage for first responders and firefighter, shifting the burden of proof from them to their employers. He referred to a study in the committee members' packets, which showed no significant fiscal impact in other states. He urged support of the bill. Vice-Chair Stoltze asked who this legislation covers. Mr. Bittner replied that the intent of the sponsor is to cover as many first responders as possible, but all firefighters. There is a new presumption on page 2, line 27-8, which states coverage for police officers and emergency rescue personnel. 3:53:54 PM Representative Hawker MOVED to ADOPT the new CS for HB 31, labeled 24-LS0225\I. There being NO OBJECTION, it was so ordered. Mr. Bittner related two changes in the new CS. On page 2, line 3, "cardiovascular events" replaces "heart disease". On page 2, line 26, the firefighter has to prove exposure to a know carcinogen. 3:56:14 PM Representative Hawker stated full support for the intent of the bill. He wondered about voluntary self-destructive behavior. He referred to line 10, regarding a list of evidence of such behavior and asked if that list is too limited. Mr. Bittner noted that the list is specific to the exclusions. Representative Weyhrauch pointed out that it reads as a presumption of coverage and the burden of proof is on the insurance company or municipality. 3:59:51 PM Representative Hawker asked if the intent is to limit coverage for these specific examples. Mr. Bittner related that these are the specific issues mentioned when drafting the bill. Representative Weyhrauch suggested the wording, "the evidence may include but not be limited to". Representative Hawker concurred with Representative Weyhrauch, but noted that the list is very broad. Mr. Bittner said one of the fears was to make it too broad. Representative Weyhrauch gave an example of smoke inhaled on another fire department job. 4:03:38 PM Co-Chair Chenault agreed that the list is too wide and would exclude many valid claims. Representative Kelly voiced concern about the cost of workers' compensation. He pointed out that most first responders are covered by OSHA. 4:06:12 PM Representative Hawker concluded that he is comfortable with the language. 4:06:46 PM DOMINIC LOZANO, ALASKA FIREFIGHTERS ASSOCIATION, related that HB 31 provides a much-needed safety net. He shared statistics about the dangerous profession of firefighting. Thirty-eight other states have this coverage. He gave examples of claims filed involving cancer. He mentioned studies regarding the higher incidence of cancer in firefighters. He shared studies from various states. He predicted that Alaska would have 1,000 claims a year. He spoke in support of HB 31. 4:13:32 PM ERIC TUOTT, ALASKA FIREFIGHTERS ASSOCIATION, testified in support of HB 31. He addressed concerns brought up earlier. He noted that the bill is modeled after Washington state's law. He referred to the clause about tobacco products and addressed a concern about numbers and screening for cancer. He pointed out that coverage under Section C is only for first responders, and the numbers would be limited. He explained the criteria for qualifying for a claim. 4:18:27 PM Mr. Tuott addressed a concern by Representative Kelly and OSHA controls. He pointed out that public safety employees do not have OSHA coverage. He referenced the contagious disease portion of the bill. Holding an EMT license does not qualify someone for this coverage. 4:20:48 PM Mr. Tuott addressed why this legislation is needed. He referred to page 1, line 9, where it states that the presumption of coverage may be rebutted by preponderance of the evidence. The language is restricted to first responders and applies to claims that are already awarded. He urged passage of the bill. 4:23:10 PM KEVIN SMITH, EXECUTIVE DIRECTOR, ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, related concerns about rate increases. He explained who is represented by workers compensation and addressed complications of the program. He pointed out that compensation for these diseases already exists. He suggested that lifestyle is a factor in these diseases. He said that a medical exam is costly and does not preclude developing cancer later on. He came up with the number 9,050 as the total number of firefighters that would qualify for the coverage. 4:30:01 PM Representative Croft asked who should have the burden of proof. For example, he suggested it would be difficult to know which contact led to AIDS. He opined that it is fair to cover AIDS and the burden of proof should not be on the first responder. Mr. Smith responded that ideally it would be nice to provide this coverage. He opined it is easier now to prove, but the liability is unfunded. Representative Croft suggested that first responders should be covered. Mr. Smith talked about the expense of the worker's compensation system. 4:34:24 PM Representative Kelly asked if the incidence is so low, how would there be a 10-20 percent increase. Mr. Smith explained that NCCI uses national figures. He spoke about the expense of an individual claim. 4:36:18 PM Representative Hawker moved to report CSSSHB 31 (FIN) out of Committee with individual recommendations and with the accompanying fiscal impact notes. There being NO OBJECTION, it was so ordered. CSSSHB 31 (FIN) was REPORTED out of Committee with a "no recommendation" recommendation and with three fiscal impact notes: zero note #1 CED, indeterminate note #2 ADM, and a new indeterminate note by LWF. ADJOURNMENT