HB 126-ORGANIZED MILITIA: WORKERS COMPENSATION  2:59:29 PM CHAIR COSTELLO reconvened the meeting and announced the consideration of HB 126. [CSHB 126 (MLV) was before the committee.] 2:59:49 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau, Alaska, sponsor of HB 126, introduced the legislation speaking to the following sponsor statement: 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 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. 3:01:42 PM SENATOR STEVENS asked who other than the National Guard would be involved in the Alaska militia. REPRESENTATIVE TUCK said it's primarily the Alaska State Defense Force. The National Guard doesn't do any training that needs to be done by the state. SENATOR STEVENS asked for an explanation of the Alaska State Defense Force. REPRESENTATIVE TUCK said the group has about 11 members under the authority of the adjutant general who can be called in for disasters or safety of a community. They're not necessarily being called in by the president. SENATOR STEVENS requested follow up on the question of the cost [to cover injuries during training compared to coverage under] workers' compensation. 3:03:01 PM KENDRA KLOSTER, Staff, Representative Tuck, Alaska State Legislature, Juneau, Alaska, explained that the state settled the case of the member injured during training and paid double what it would have been under workers' compensation. She deferred any further explanation of cost related to the State Defense Force budget to Mr. Doehl. 3:04:29 PM BOB DOEHL, Deputy Director, Department of Military & Veterans Affairs (DMVA), JBER, Alaska, explained that when litigation ensues the plaintiff can get money for things he/she cannot get in a workers' compensation proceeding, which causes costs to spike exponentially. SENATOR MICCICHE asked if there have been cases in addition to the one the sponsor mentioned. MR. DOEHL said that case is the only reportable Alaska State Defense Force case that resulted in a claim. However, up until about two years ago there were only about 50 members of the ASDF who were actively participating. With increased numbers there is increased exposure for injuries during training. SENATOR MICCICHE summarized that less than 100 members train two days a month and run exercises four days a year. MR. DOEHLE said that's generally the case. When members are called up for active duty they are under workers compensation. SENATOR MEYER asked how often members have been called to active duty. MR. DOEHL said up until this year just small groups were called up to do things like shelter relief management during wildland fires. This year a team was called up for active duty and deployed to Puerto Rico to provide communications support after the hurricane. They were state employees, but FEMA is providing reimbursement for their wages and benefits. SENATOR MEYER asked if there are close to 120 members currently. MR. DOEHL said he understood the force is closer to 120 members than 111. He was confident it was more than 110. SENATOR MEYER said he mentioned it because the fiscal note identifies 76 members. MR. DOEHL said the force has been growing since the bill was introduced last year. 3:09:22 PM CHAIR COSTELLO found no one who wished to comment on HB 126 and closed public testimony. She looked to the will of the committee. 3:09:49 PM SENATOR MEYER moved to report HB 126 from committee with individual recommendations and attached fiscal note(s). CHAIR COSTELLO announced that without objection, CSHB 126(MLV) moves from the Senate Labor and Commerce Standing Committee.