HB 221 WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC Number 005 CHAIRMAN BILL HUDSON, PRIME SPONSOR of HB 221, gave the following sponsor statement: "House Bill 221 was introduced to clarify Workers' Compensation statutes that have been the cause of much confusion or misinterpretation, particularly with regard to benefits for volunteers. "Workers compensation benefits are intended, subject to minimum and maximum limits, to replace the lost wages of injured workers. Section 1 of HB 221 recognizes that volunteers should receive wage replacement based on the actual wages lost or the comparable wage they would receive were they paid employees rather than volunteers. Current law limits wage loss benefits for volunteer fire fighters, for example, who may have high earning capacity in their regular employment, to the benefits based on the wage paid a carrier fire fighter. House Bill 221 corrects the inequities in benefit calculations for volunteer ambulance attendants, police officers and fire fighters by calculating compensation based on the higher wage earned. "Section 2 of HB 221 is to clarify the original intent of AS 23.30.243, which is to extend coverage for volunteer fire fighters. In the past year, compensation benefits for volunteer fire fighters, while engaged in fire department activities other than responding to emergencies, has been questioned. Since `employees' are covered for injuries arising out of and in the course of employment, volunteer fire fighters are similarly covered. Unfortunately, AS 23.30.243 has been misinterpreted to limit coverage only to those instances where the volunteer was responding to an emergency. This section was originally intended to extend coverage, not limit it. "Therefore, in order to restore the original intent of AS 23.30.243, and to clarify once and for all that volunteers are employees and are covered as any other employee for the purposes of workers' compensation, Section 2 of HB 221 amends AS 23.30 by adding a new section that defines volunteer ambulance attendants, police officers and fire fighters as `employees.' "Section 3 repeals AS 23.30.092. This statute has been interpreted to mean that a municipality `may' provide workers' compensation coverage for volunteers. Conversely, it may be incorrectly interpreted to mean that a municipality may elect not to provide coverage. In reality, this section provides that an alternative policy may substitute for a workers' compensation policy so long as the benefits are equal or better than a statutory workers' compensation policy. However, this section has done nothing but cause confusion, and I believe repealing it will clarify that all volunteers who meet the definition in AS 23.30 must be covered by workers' compensation." Number 190 JOHN GEORGE, representing the ALASKA STATE FIRE FIGHTERS ASSOCIATION, testified in support of HB 221. Mr. George stated that volunteer firefighters and the station they work at have to be registered with the Department of Public Safety. Secondly, the municipality where the station is located picks up the workers' compensation. He stated that HB 221 just clarifies the law regarding benefits for volunteer fire fighters. Number 238 PATRICK EGGERS, FIRST VICE PRESIDENT, ALASKA STATE FIRE FIGHTERS ASSOCIATION, spoke in favor of HB 221 and echoed Mr. George's statements. Number 250 REP. MACKIE moved for passage of HB 221 with individual recommendations. REP. PORTER objected for clarification on the maximum amount of money a volunteer would be entitled to under the bill. Number 329 REP. SITTON pointed out that the schedule was already established in law. REP. PORTER removed his objection. CHAIRMAN HUDSON announced that HB 221 passed out of committee with individual recommendations and a zero fiscal note.