CSSSHB 31(FIN)-WORKERS' COMP: DISEASE PRESUMPTION  CHAIR CON BUNDE announced HB 31 to be up for consideration. SENATOR JOHNNY ELLIS moved SCS CSSSHB 31, Version \S as the working document. CHAIR BUNDE announced that without objection, Version S was before the committee and then recognized Mr. Hilyard. 8:17:37 AM HEATH HILYARD, staff to Representative Anderson, explained that Version S addresses the concerns that were expressed previously. He said he would highlight where the specific issues were addressed. First there was concern about the differentiation regarding the 10-year employment requirement. Originally that only applied to cancers and not to respiratory or cardiovascular issues. That is addressed on page 2, lines 17-20. The term "disease" replaces the term "cancer" and applies to all the diseases listed on page 2 so there would be a 10-year employment requirement for all the diseases listed. Also, lines 21-23 regarding qualifying medical examinations applies to all diseases and not just the cancers. There was also question about the applicability of the presumptions with regard to peace officers versus firefighters. There was particular confusion on page 2, starting on line 29. That presumption applies to the contagious diseases listed on page 3. The presumption regarding cancers and respiratory diseases applies only to fire fighters and can be found on page 1, starting on line 13. The cancers and respiratory diseases apply only to fire fighters. The infectious diseases on page 3 apply to peace officers as well, he said. The Department of Labor expressed concern at the lack of definition for firefighter. Page 3, line 28 clarifies that "fire fighter" has the same meaning is defined in AS 09.65.295. Mr. Hilyard read the following definition from subsection (c): ..."fire fighter" means a person employed by a municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal, or a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department. MR. HILYARD said his last point is in reference to a previous response he had given to Senator Seekins related to the presumptions and applicability of the infectious diseases. He clarified that Section 1 provides that all the presumptions are rebuttable and that a number of factors such as weight, lifestyle, tobacco use, and hereditary factors may be taken into consideration. 8:21:09 AM CHAIR BUNDE noted that Senator Ben Stevens had arrived shortly after the meeting convened. SENATOR BUNDE reiterated that all the claims are rebuttable. Workers' compensation wouldn't be automatic even if, for example, a person worked for the fire department for 10-years and then contracted a listed disease or a cancer. The person would be required to go through a particular process to show some nexus between the illness and the employment. MR. HILYARD agreed; a qualifying medical examination would be required and absent that the presumption would be absent. 8:22:15 AM CHAIR BUNDE closed public testimony and stated that with the aforementioned changes the bill could move from committee with reduced concern about the impacts to municipalities and workers' compensation. He asked for a motion. 8:22:32 AM SENATOR ELLIS moved to report SCS CSSSHB 31(L&C) and attached zero and indeterminate fiscal notes from committee with individual recommendations. Senator Davis, Senator Ben Stevens, Senator Ellis, and Chair Bunde voted yea and it was so ordered.