Legislature(2023 - 2024)BARNES 124

01/31/2024 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 89 AGE FOR TOBACCO/NICOTINE/E-CIG; TAX E-CIG TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 254 PROHIBIT PORNOGRAPHY TO MINORS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HB 159 REGISTER INTERIOR DESIGNERS TELECONFERENCED
Moved CSHB 159(L&C) Out of Committee
-- Public Testimony --
+= HB 100 PAID FAMILY LEAVE TELECONFERENCED
Moved CSHB 100(L&C) Out of Committee
+ SB 37 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
Scheduled but Not Heard
<Bill Hearing Rescheduled to 02/02/24>
*+ HB 273 AHFC MAKE/PURCHASE MORTGAGE LOANS TELECONFERENCED
Heard & Held
            HB 100-PAID FAMILY LEAVE INSURANCE PLAN                                                                         
                                                                                                                                
4:12:18 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 100  "An  Act  relating  to teacher  and  public                                                               
employee leave."                                                                                                                
                                                                                                                                
4:12:34 PM                                                                                                                    
                                                                                                                                
CHAIR SUMNER  advised that amendment 1  will not be offered.   He                                                               
moved  to adopt  amendment 2  to HB  100, labeled  33-LS0480\B.5,                                                               
Klein, 1/25/24, which read as follows:                                                                                          
                                                                                                                                
     Page 3, line 4:                                                                                                            
     Delete "maximum"                                                                                                           
                                                                                                                                
     Page 3, lines 8 - 13:                                                                                                      
     Delete all material and insert:                                                                                            
     "(2)   not less than six  weeks of family leave  for an                                                                    
     enrolled   employee   of  a   participating   political                                                                    
     subdivision of the state or  of a participating private                                                                    
     employer or for an employee  enrolled in a family leave                                                                    
     insurance plan through the purchasing pool."                                                                               
                                                                                                                                
     Page 3, line 24:                                                                                                           
     Delete "maximum"                                                                                                           
                                                                                                                                
     Page 6, lines 11 - 13:                                                                                                     
     Delete all material and insert:                                                                                            
     "Sec.   23.10.760.   Bargaining.  Notwithstanding   any                                                                    
     provision of AS 23.40.070  - 23.40.260 to the contrary,                                                                    
     if  an  agreement between  an  employer  subject to  AS                                                                    
     23.40.070  -  23.40.260   and  an  employee  bargaining                                                                    
     organization does  not contain  provisions at  least as                                                                    
     beneficial to  the employee as the  provisions provided                                                                    
     by  AS  23.10.700 -  23.10.790,  the  provisions of  AS                                                                    
     23.10.700 - 23.10.790 apply."                                                                                              
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.                                                                
                                                                                                                                
CHAIR SUMNER explained  that the amendment states  "not less than                                                               
6 weeks of family leave" and allows bargaining for family leave.                                                                
                                                                                                                                
4:13:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER pointed  out that  Amendment 2  creates a                                                               
floor, and asked if there is  language in the bill that creates a                                                               
ceiling on the length of family leave.                                                                                          
                                                                                                                                
CHAIR SUMNER  answered that  HB 100,  without Amendment  2, would                                                               
set the ceiling  between 6 and 12 weeks for  an enrolled employee                                                               
of a participating private employer.                                                                                            
                                                                                                                                
4:13:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  expressed  support for  Amendment  2  and                                                               
suggested  that  the drafters  intended  to  say that  the  state                                                               
couldn't  have  leave  at  less than  the  floor;  the  amendment                                                               
clarifies that 6 weeks is the floor.                                                                                            
                                                                                                                                
4:14:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  sought confirmation  that the  maximum is                                                               
12 weeks for private enrollees and 18 for public enrollees.                                                                     
                                                                                                                                
CHAIR SUMNER answered that the  amendment introduces a floor of 6                                                               
weeks, as well as allows bargaining.                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER asked  whether there is a cap  on time off                                                               
in the bill.                                                                                                                    
                                                                                                                                
CHAIR SUMNER responded,  "I assume it wouldn't be 54  weeks."  He                                                               
said it would be an element to bargain.                                                                                         
                                                                                                                                
4:15:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JENNIE ARMSTRONG,  Alaska  State Legislature,  as                                                               
prime sponsor  of HB  100, answered that  the bill  maintains the                                                               
18-week  ceiling for  the state;  the amendment  only applies  to                                                               
section 2 under political subdivisions.                                                                                         
                                                                                                                                
4:15:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked what  the maximum allowable time off                                                               
is.                                                                                                                             
                                                                                                                                
4:16:02 PM                                                                                                                    
                                                                                                                                
TRISTAN  WALSH, Staff,  Representative  Jennie Armstrong,  Alaska                                                               
State Legislature,  on behalf of Representative  Armstrong, prime                                                               
sponsor, explained that  Amendment 2 applies to page  2, lines 8-                                                               
13  of   HB  100   and  would  create   a  floor   for  political                                                               
subdivisions, private employers, and  individuals.  He pointed to                                                               
page 3  of the bill  and said it  would leave the  state employee                                                               
pool as is.                                                                                                                     
                                                                                                                                
4:17:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  pointed out that,  if the bill is  passed as                                                               
amended,  there would  be a  ceiling  for state  employees and  a                                                               
floor for municipal employees.  He  asked what there would be for                                                               
private employers.                                                                                                              
                                                                                                                                
CHAIR SUMNER  explained that the  amendment deletes  "maximum" on                                                               
page 3,  line 24.   He offered that no  change is being  made for                                                               
private employers.                                                                                                              
                                                                                                                                
REPRESENTATIVE  PRAX  sought  confirmation   as  to  whether  the                                                               
committee is  establishing a floor for  political subdivisions of                                                               
the state.                                                                                                                      
                                                                                                                                
CHAIR SUMNER responded that there  already would be a floor under                                                               
HB 100.                                                                                                                         
                                                                                                                                
4:18:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  answered Representative  Prax's  question                                                               
and pointed  to page 3, line  8-13; if the state  determined that                                                               
19, 20, or  24 weeks are more beneficial  in retaining employees,                                                               
the plan would allow for that as part of the bargaining.                                                                        
                                                                                                                                
REPRESENTATIVE  PRAX asked  whether the  bill requires  political                                                               
sub-division participation.                                                                                                     
                                                                                                                                
REPRESENTATIVE  FIELDS answered  that  it would  be optional  for                                                               
political sub-divisions.                                                                                                        
                                                                                                                                
4:21:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT asked whether this would affect childcare.                                                                
                                                                                                                                
REPRESENTATIVE ARMSTRONG answered that there  is a child care and                                                               
elder care crisis, with the  biggest crunch being infant care; if                                                               
there are more parents that can  stay home, there would be relief                                                               
on that crunch.                                                                                                                 
                                                                                                                                
4:22:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE cited Section  1, subsection (b) on page                                                               
3, which read as follows:                                                                                                       
                                                                                                                                
     A family leave insurance plan may not impose a minimum                                                                     
         duration of family leave for wage replacement                                                                          
     coverage.                                                                                                                  
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  opined that,  even with  this language,                                                               
the bill nonetheless  indicates imposing a minimum  duration.  He                                                               
surmised  that the  subsection directs  that the  leave insurance                                                               
plan may not go under 6 weeks.                                                                                                  
                                                                                                                                
CHAIR SUMNER concurred, and explained  that the employer does not                                                               
need to participate, but if they  did, the leave floor would be 6                                                               
weeks.                                                                                                                          
                                                                                                                                
4:23:07 PM                                                                                                                    
                                                                                                                                
MR.  WALSH added  that subsection  (b) is  speaking to  whether a                                                               
plan enforces mandatory leave.                                                                                                  
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  asked whether  the language  applies to                                                               
minimum duration of the plan.   He inquired whether, if he had to                                                               
only take one day of family leave, he could do so.                                                                              
                                                                                                                                
MR. WALSH answered, "that's correct."                                                                                           
                                                                                                                                
4:24:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  removed his objection.   There being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
4:24:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK   moved  to  Amendment  3,   labeled  33-                                                               
LS0480\B.1, Klein/ A. Radford, 1/12/24, which read as follows:                                                                  
                                                                                                                                
     Page 7, line 7, following "adoption":                                                                                      
     Insert "or foster care"                                                                                                    
                                                                                                                                
     Page 8, line 1:                                                                                                            
     Delete "or adoption"                                                                                                       
     Insert ", [OR] adoption, or foster care"                                                                                   
                                                                                                                                
     Page 8, line 18, following "adoption":                                                                                     
     Insert "or foster care"                                                                                                    
                                                                                                                                
     Page 9, line 7:                                                                                                            
     Delete "or adoption"                                                                                                       
     Insert ", [OR] adoption, or foster care"                                                                                   
                                                                                                                                
     Page 9, line 14, following "adoption":                                                                                     
     Insert "or foster care"                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  CARRICK explained  that Amendment  3 addresses  a                                                               
gap between  the Alaska Family  Leave Act and the  federal Family                                                               
Medical Leave Act,  which allows foster parents to  take leave to                                                               
spend time with new foster children.                                                                                            
                                                                                                                                
4:25:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  removed his objection.   There being no                                                               
further objection, Amendment 3 was adopted.                                                                                     
                                                                                                                                
4:25:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE moved to report  HB 100, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
4:25:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX objected  for the purpose of  discussion.  He                                                               
asked if there will be actuarial analysis done on HB 100.                                                                       
                                                                                                                                
CHAIR SUMNER advised  that the next committee of  referral for HB
100 is the House Finance Committee.                                                                                             
                                                                                                                                
4:26:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  added that the insurance  company would                                                               
do the actuarial, since there would be no self-insurance.                                                                       
                                                                                                                                
4:26:39 PM                                                                                                                    
                                                                                                                                
MR. WALSH commented  that the bill does require  such an analysis                                                               
in any bidder who responded to the request for proposal.                                                                        
                                                                                                                                
REPRESENTATIVE ARMSTRONG  noted that  the state wouldn't  have to                                                               
do an actuarial.                                                                                                                
                                                                                                                                
4:27:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  removed  his  objection.   There  being  no                                                               
further objection,  CSHB 100(L&C) was  reported out of  the House                                                               
Labor and Commerce Standing Committee.                                                                                          

Document Name Date/Time Subjects
HB 254 - Support Letter.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - How Pornography Harms Children_ The Advocate's Role.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - National Report For 2021.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - The Impact of Pornography on Children.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - Intersections between Pornography and Human Trafficking.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
Sponsor Statement2 - Distribution of Pornography to Minors.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB0254A.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB 254 - Sectional Analysis.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB159 Letter of Support - Cara Rude.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Interorganizational Council on Regulation (ICOR).pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Matthew Barusch, CIDQ.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Ashley Killian.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 Letter of Support - Natasha Schmidt.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB 254 Presentation2.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
H.L&C AHFC HB 273 Handout - Legislative Impact.pdf HL&C 1/31/2024 3:15:00 PM
HB 273
Fiscal Note HB159.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB159 V. S.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
HB254 Top 13 Age Verification APIs in 2023.pdf HL&C 1/31/2024 3:15:00 PM
HB 254
HB159 Clarification on 1.31.24 Hearing.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
24-02-02 ASID Memo - Clarification of Testimonies for HB159-FINAL.pdf HL&C 1/31/2024 3:15:00 PM
HB 159
AKBA_Letter of Support for SB191 & HB273_AHFC LTV_2.5.2024.pdf HL&C 1/31/2024 3:15:00 PM
HB 273
HB 254 - Age Verfication Petition.pdf HL&C 1/31/2024 3:15:00 PM
HB 254