HB 126-ORGANIZED MILITIA: WORKERS COMPENSATION  3:25:14 PM CHAIR KITO announced that the next order of business would be CS FOR HOUSE BILL NO. 126(MLV) "An Act relating to workers' compensation benefits for members of the organized militia." 3:25:37 PM REPRESENTATIVE TUCK noted that when the legislature modernized the judicial system for the military during the last legislative session, it recognized the need for other changes to the current military code. He read the sponsor statement, which read as follows [original punctuation provided]: The Alaska State Legislature and Department of Military and Veterans' Affairs have been working together to modernize the 1955 Alaska Military Code by providing statutory changes that will better serve our Alaska organized militia. House Bill 126 would expand workers' compensation coverage to the organized militia while they are participating training exercises. Currently, Alaska statutes already provides workers' compensation coverage during active state service, but not during training. By expending [sic] this protection, we could potentially provide a fiscally significant coverage and save the state money in the future. This issue came to light during an incident when a member of the Alaska State Defense Force suffered an injury during a training exercise that led to his inability to work. Since workers' compensation was not available, this injury ultimately cost the state twice the amount of the entire annual budget of the Alaska State Defense Force. The Risk Management Division of the Alaska Department of Administration estimates there would be little to no additional cost to cover the Alaska State Defense Force members under existing state workers' compensation policies. As we face tight fiscal times, it is important that we are taking steps to ensure cost savings where we can and pass responsible legislation that will protect Alaskans. REPRESENTATIVE TUCK stated that this was one of four bills updating the Military Code of Alaska; HB 126 would expand workers compensation for the militia and save the state money. 3:28:13 PM REPRESENTATIVE SULLIVAN-LEONARD asked if there were any statistics on members that were injured during training within the last 10 years. 3:28:33 PM KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State Legislature, on behalf of Representative Tuck, prime sponsor of HB 126, said that currently the Alaska State Defense Force (ASDF) has 76 members that participate and that the only known incident was a leg injury. She noted that the injured individual intended to bring the matter to court, but the case eventually settled out of court. She said it was this case that brought the bill to life. She made the point that if the state is going to cover members during their active state service, then it will want to cover them for their training as well. REPRESENTATIVE SULLIVAN-LEONARD requested confirmation that the injury described was the only one in the last 10 years. MS. KLOUSTER stated that it was the only one of which she was aware. She suggested Department of Military and Veterans' Affairs Deputy Commissioner Bob Doehl could confirm this. 3:29:59 PM ROBERT DOEHL, Deputy Commissioner, Department of Military and Veterans' Affairs (DMVA), stated that the department supports HB 126 as it provides predictability and sound risk management for the training activities of ASDF. He remarked that even one injury can be "budget busting," as was evidenced in the previously discussed case. He also stated that the proposed bill would create parity with volunteer search and rescue groups, volunteer firefighters, and the [Alaska] National Guard, all of which are in a paid status with federal training. 3:31:39 PM REPRESENTATIVE WOOL asked if anyone could provide him with information on the militia in Alaska; for example, what it does, how many members exist, and how it differs from the National Guard. 3:32:06 PM DEPUTY COMMISSIONER DOEHL said that the organized militia in Alaska consists of four components; the best known being the Air and Army National Guards, which make up about 4,000 members combined. The two lesser known components are the Alaska Naval Militia made up of Navy and Marine Corps reservists, and ASDF, which is the group to which this bill pertains. He stated that ASDF is a state-only militia, having no federal affiliation, and it trains to augment the National Guard at times when disaster response needs exceed the capacity of the National Guard. He stated that ASDF has communications detachments running high frequency and satellite radios, water purification units, and generators, and recently ASDF ran the phone bank for the disaster assistance center after the storms in Gambell and Savoonga. Their duties of ASDF include basic first aid and other training. Last year during the fires, ASDF ran shelter management at evacuation points. Deputy Commissioner Doehl said that members are paid only when they are in active duty assisting in a disaster; preparation for a disaster is performed on their own time. 3:33:39 PM REPRESENTATIVE WOOL asked how ASDF's schedule is different from the National Guard, regarding whether their training periods are specified or as needed. DEPUTY COMMISSIONER DOEHL responded by saying that ASDF's training consists of one weekend each month to be ready for a disaster. He explained that unlike the National Guard, ASDF members do not deploy or go to federal training but may have periods of annual training greater than the one weekend each month or take courses like officer candidate school. Training is specialized. He said currently ASDF does not have weapons training like the National Guard. REPRESENTATIVE WOOL asked if ASDF members are paid for training. DEPUTY COMMISSIONER DOEHL answered that they are not paid at all when in training; they are only paid when performing actual operational duties. All training time is volunteer time, which adds up to thousands of hours among all the volunteers. 3:35:01 PM REPRESENTATIVE KNOPP inquired further about the general nature of ASDF training. He stated that he did not want to refer to it as administrative or clerical; however, it did not appear to be the same as the training or fieldwork provided to the National Guard and Reserves. DEPUTY COMMISSIONER DOEHL offered his understanding that ASDF members are trained in the field rather than at a desk setting when, for example, operating generators or other equipment, performing litter drills, or providing first aid training. He also included the example of [members] setting up a high frequency radio and erecting an antenna in a field expedient site. He said that they don't, for example, work in protective chemical gear, but that there are some physically demanding requirements for working in an emergency environment. 3:36:14 PM COLONEL JOHN JAMES, Commander, Alaska State Defense Force (ASDF), Department of Military & Veterans' Affairs (DMVA), confirmed that Deputy Commissioner Doehl's comments were "spot on." He added that ASDF augments the National Guard when the latter has "capability gaps" or personnel shortages. While some of the responsibilities include administrative duties or perhaps operating a radio, there are times when ASDF augments the National Guard in the field with more strenuous types of duties. He said their purpose is to augment and be a force multiplier for the National Guard, and the department feels this is how they can be most effective. 3:37:08 PM REPRESENTATIVE WOOL noted the zero-fiscal note and asked how there can be zero cost when the state would be providing workers' compensation benefits. 3:37:27 PM REPRESENTATIVE TUCK said he would let the Department of Administration respond to that question. 3:37:52 PM MARIE MARX, Director, Division of Workers' Compensation, Department of Labor & Workforce Development (DLWD), said there were a few fiscal notes Chair Kito attached to this bill. One is from the Division of Workers' Compensation, which administers but does not pay workers' compensation benefits. It is a zero fiscal note because the bill would not require any change in the administration of the Alaska Workers' Compensation Act. She then deferred to the Division of Risk Management, which she described as the employer arm of the state, to speak to its own fiscal note. She said the Division of Risk Management is the entity that would pay benefits if there was a work injury or death. 3:38:44 PM SCOTT JORDAN, Director, Division of Risk Management, Department of Administration (DOA), said that the Division of Risk Management covers similar groups, such as Search and Rescue for the Department of Public Safety (DPS) and some Emergency Medical Technicians, and they are not calculated as full-time employees (FTEs). He said that the militia members in question are already covered for active duty, and adding coverage for training is a low risk, which is the reason for a zero fiscal note. He added that Risk Management has no way of calculating the risk for these people, because they are not calculated into the FTEs of their departments. 3:39:56 PM REPRESENTATIVE KNOPP stated his understanding is that workers' compensation typically extends to employees and the cost is covered by employer/employee contributions; however, in this case the legislature is being asked to extend that benefit to volunteers that are not employees and are not compensated unless they are on official business. He said this situation brings to mind a discussion held about extending the "life benefits" for non-profit emergency medical service members that respond to accidents on the highway, in the same fashion as public safety officers, yet don't receive the same benefits as the public safety officers. He asked if it would be normal to extend this type of benefit to volunteers or if the legislature would be creating a precedence. MR. JORDAN said it would be normal for them to do this for volunteers and would not create a precedence by providing workers' compensation for this group. He said the Division of Risk Management is self-insured and its rates are different from what you might see at a private entity. The division insures several volunteer groups, like search and rescue, emergency medical technicians operating in an unincorporated city, and even high school students involved in work programs within the state. 3:42:09 PM CHAIR KITO announced that HB 126 was held over.