Legislature(2023 - 2024)BARNES 124
01/31/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB159 | |
| HB100 | |
| HB254 | |
| HB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 89 | TELECONFERENCED | |
| *+ | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 159 | TELECONFERENCED | |
| += | HB 100 | TELECONFERENCED | |
| + | SB 37 | TELECONFERENCED | |
| *+ | HB 273 | TELECONFERENCED | |
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 specifies "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.