SB 203-MEDI-VAC FLIGHT CREW OVERTIME PAY  2:07:54 PM CHAIR COSTELLO announced the consideration of SB 203. She noted this is the first hearing. FORREST WOLFE, Staff, Senator Lesil McGuire, Alaska State Legislature Juneau, Alaska, introduced SB 203 on behalf of the sponsor speaking to the following sponsor statement: Air ambulance air carriers have become a common and essential life line for Alaskans. The service is vital to the well-being of Alaskans across our vast state. To provide this life-saving service, flight crews regularly included medical providers to administer appropriate medical care during the flight and in a flight emergency provide the same assistance that flight attendants do on passenger service carriers. Current law exempts air ambulance crews from the overtime requirements in Alaska. This is in line with the federal Railway Labor Act which exempts flights crews from overtime requirements because of the nature of the air business. When the state law was originally passed it defined air crews as pilot, co-pilot, flight engineer, and flight attendants; however today's air crews also include these medical care providers as part of their regular crew. Senate Bill 203 updates current statute by exempting these medical care providers from overtime requirements, thus bringing it in line with modern practice in the air ambulance business. MR. WOLFE advised that the bill states that it applies to contracts entered into on or after the effective date. He listed the individuals available to provide testimony and answer questions. CHAIR COSTELLO asked what practical concern the bill alleviates. MR. WOLFE offered his understanding that most medical personnel on these flight crews are on a salary-based payment scale. SB 203 will bring personnel that are not on a salary-based payment scale in line with other crew members on these planes. 2:10:45 PM GREY MITCHELL, Director, Division of Labor Standards and Safety, Department of Labor and Workforce Development (DOLWD), offered to answer questions related to SB 203. Speaking to the issue that was just raised, he said current law is very clear about what constitutes members of a flight crew, and it doesn't include medical personnel who might be acting in the capacity of a flight attendant. There has been some question about whether they would be considered under the flight attendant category and thus exempt from overtime. The plain reading is that they are not a flight attendant. The bill adds clarification to the current statutory definition of what constitutes a flight crew, which would eliminate any question about whether or not crew on air ambulances and medivac operations providing medical services are exempt from overtime. CHAIR COSTELLO asked if the fact that they haven't been exempt translates to higher costs for the consumer. MR. MITCHELL said he didn't know. CHAIR COSTELLO asked if these individuals are on call and on the clock waiting for a potential call. MR. MITCHELL said he isn't sure how the industry handles that, but if they are required to remain at or close to the place of employment while they're on call, that time would be considered on the clock. If they are able to pursue their personal interests while on call, they wouldn't be on the clock until they're called. SENATOR MEYER asked if air ambulance employees support the bill. MR. MITCHELL replied the division hasn't had any contact with air ambulance employees and there isn't a significant history of wage claims. His research shows that one company filed a wage claim in 2007 and another claim in 2013. SENATOR MEYER asked if SB 203 mirrors other states' treatment of air ambulance employees. MR. MITCHELL said he didn't know. CHAIR COSTELLO asked Mr. Webb to address the previous questions. 2:15:03 PM CHRIS WEBB, Vice President, Air Medical Resource Group (AMRG), said his company operates Alaska Regional Life Flight and Guardian Flight in Alaska. They are interested in SB 203 because it provides needed clarification. He related that flight crew members in all states are exempt because of the Railway Labor Act. However, Alaska's definition of a flight crew puts into question whether or not those serving as a flight crew on an air medical flight, including medical attendees, are considered flight crew. He noted that members of a flight crew are basically on call 24/7 during their 7- or 14-day shift, although there are some restrictions to proximity. In most cases they are paid a daily rate whether they fly or not. He opined that it would be difficult to create a pay structure that takes overtime into account; what's more important is to make sure the pay is in line with the industry nationwide. CHAIR COSTELLO summarized that flight crews on a medical flight currently are being treated as if they are not eligible for overtime. SB 203 puts the current practice into law. MR. WEBB responded saying that when this issue came up, his company adjusted the pay structure for crews on an air medical flight. His preference is for the pay structure to be the same as for all other crew members. CHAIR COSTELLO asked if this will result in less cost to the consumer. MR. WEBB replied it should be a wash to the consumer. This clarification puts the entire crew on the same pay structure, as is the case in other states. 2:20:17 PM CHAIR COSTELLO asked Mr. Mitchell if the administration has a position on the bill. MR. MITCHELL replied the department is neutral on SB 203. CHAIR COSTELLO found no questions or public testimony. 2:20:51 PM At ease 2:20:56 PM CHAIR COSTELLO reconvened the meeting, closed public testimony on SB 203, and held the bill in committee.