Legislature(2007 - 2008)

04/07/2008 02:15 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+ HB 207 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
<Pending Referral>
+ HB 332 PRE-ELEMENTARY SCHOOL PROGRAMS TELECONFERENCED
Moved CSHB 332(FIN)(title am) Out of Cmte
+ SB 113 NURSING MOTHERS IN WORKPLACE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 113-NURSING MOTHERS IN WORKPLACE                                                                           
2:24:57 PM                                                                                                                    
CHAIR  DAVIS   announced  the  consideration  of   SB  113.  [The                                                               
committee was considering CSSB 113(L&C).]                                                                                       
                                                                                                                                
PATRICK  CUNNINGHAM, Staff  to Senator  Johnny Ellis,  Anchorage,                                                               
AK,  sponsor of  SB 113,  said that  10 years  ago Senator  Ellis                                                               
introduced   a  bill   that  became   law,  which   provided  the                                                               
opportunity for women to nurse  their babies in public or private                                                               
locations;   currently  39   states  had   laws  providing   this                                                               
opportunity. He  pointed out that the  committee members' packets                                                               
contained a state  summary from the National  Conference on State                                                               
Legislatures  updated   in  2008  that  identified   states  with                                                               
breastfeeding  laws.  This  bill  would  incrementally  move  the                                                               
opportunity  to breastfeed  to  the workplace.  He  said that  16                                                               
states  had laws  providing for  breastfeeding in  the workplace,                                                               
among  them the  progressive, family-friendly  Pacific States  of                                                               
Washington, Oregon, California and  Hawaii. If Alaska passed this                                                               
bill,  it would  join  the  other Pacific  states  in becoming  a                                                               
family-friendly state as well.                                                                                                  
                                                                                                                                
The  bill  was  basically  a health-promotion  bill.  Infant  and                                                               
childhood nutrition  was a major  concern in the state  of Alaska                                                               
and numerous studies  had shown that infants who  were breast fed                                                               
had significant  health, growth and developmental  advantages, as                                                               
well as  decreased risk of  acute, chronic diseases. It  had also                                                               
been amply  demonstrated that mothers  also benefited  with lower                                                               
incidences of breast cancer, osteoporosis and other illnesses.                                                                  
                                                                                                                                
2:27:30 PM                                                                                                                    
MR. CUNNINGHAM continued  that women often found  it difficult to                                                               
continue to  breastfeed when they  returned to the  workplace due                                                               
to  lack  of break  time  and  lack  of adequate  facilities  for                                                               
expressing and  storing human milk.  He maintained  that ensuring                                                               
accommodations  for breastfeeding  offered rewards  not only  for                                                               
the mothers and babies, but  for the employers as well. Employers                                                               
benefited through  savings for health care,  reduced absenteeism,                                                               
increased employee  moral and employee retention.  Women who were                                                               
given  the opportunity  to breastfeed  at work  returned to  work                                                               
sooner; their babies tended not to  get sick as often, so mothers                                                               
did not  have to leave  work to care for  them. It had  also been                                                               
demonstrated  that these  children, particularly  those who  were                                                               
breast fed  for a  year, did  better in  school. This  bill would                                                               
require  employers to  provide reasonable  unpaid  break time  to                                                               
nursing mothers  for the purpose  of breastfeeding  or expressing                                                               
breast milk. The  bill would also require employers  to provide a                                                               
clean and sanitary  place for the employee to do  so. By allowing                                                               
time  for  nursing  mothers  to  continue  breastfeeding,  Alaska                                                               
employers  would  contribute  toward  ensuring  that  the  Alaska                                                               
workforce of tomorrow would be  healthy and strong enough to meet                                                               
the  challenges  of  the  future. Senator  Ellis  felt  this  was                                                               
important and urged their support of this legislation.                                                                          
                                                                                                                                
2:29:43 PM                                                                                                                    
SENATOR THOMAS  said he was  in favor of  the bill; but  he noted                                                               
that, while he  felt mothers would not want to  breastfeed in the                                                               
restroom, many businesses had limited  facilities to use for this                                                               
purpose.  He  wondered what  options  would  be available  to  an                                                               
employer if a woman complained that  she did not have a clean and                                                               
sanitary  place  to  feed  her  baby  and  needed  to  leave  the                                                               
premises, particularly  in places  like Fairbanks where  it might                                                               
be 50 to 60 degrees below zero.                                                                                                 
                                                                                                                                
2:31:12 PM                                                                                                                    
MR. CUNNINGHAM  said the  Department of  Labor would  most likely                                                               
define what was reasonable and what  was not; he granted that for                                                               
some  places it  might create  an undue  hardship to  provide the                                                               
opportunity to  breastfeed or  express milk  so more  than likely                                                               
they  would not  mandate  that the  employer  do something  about                                                               
that. In  other areas it  might be relatively easy  for employers                                                               
to accommodate their employees and many had already done so.                                                                    
                                                                                                                                
2:32:07 PM                                                                                                                    
SENATOR  COWDERY noticed  that in  several places  the bill  read                                                               
"child," and  asked about mothers  who had twins or  triplets; he                                                               
felt it should be changed to read "children."                                                                                   
                                                                                                                                
MR. CUNNINGHAM agreed that was certainly a possibility.                                                                         
                                                                                                                                
SENATOR  COWDERY  also  questioned  how this  would  address  the                                                               
capitol building, franchises that  had a proscribed building size                                                               
and  design, or  the Ma  and Pa  restaurant down  the street;  he                                                               
wondered  if  the  bill  would  require  remodeling  all  of  the                                                               
existing facilities.                                                                                                            
                                                                                                                                
MR. CUNNINGHAM  thought it would  depend on the type  of business                                                               
and what kind  of resources it had.  The intent was for  it to be                                                               
reasonable;  so if  it would  cause great  expense and  be highly                                                               
inconvenient to the  employer perhaps they would  not be required                                                               
to accommodate their employees in that situation.                                                                               
                                                                                                                                
SENATOR COWDERY asked if this  would affect only new construction                                                               
or if existing construction would have to be remodeled.                                                                         
                                                                                                                                
2:33:53 PM                                                                                                                    
MR.  CUNNINGHAM repeated  that  he  did not  think  that was  the                                                               
intent; it  was to support  and encourage more employers  who had                                                               
the  resources  and  a  room  that was  available  to  make  that                                                               
accommodation.                                                                                                                  
                                                                                                                                
SENATOR  COWDERY   opined  that  some  of   the  franchises  like                                                               
McDonald's could probably afford it,  but wondered who would make                                                               
the decision about which businesses could and which could not.                                                                  
                                                                                                                                
2:35:43 PM                                                                                                                    
SENATOR DYSON asked if the bill  specified a minimum size for the                                                               
businesses that would have to make these accommodations.                                                                        
                                                                                                                                
MR. CUNNINGHAM  said the  way the employer  was defined  was "any                                                               
employer" so  it did  not distinguish  between a  large corporate                                                               
employer or a small business.                                                                                                   
                                                                                                                                
SENATOR ELTON noted that the bill read "An employer shall                                                                       
provide reasonable unpaid break time each day to an employee who                                                                
is the nursing mother of a child so that the employee may                                                                       
breastfeed or express breast milk" and asked if SB 113 created                                                                  
an inherent right for a mother to bring her child to the                                                                        
workplace. He wondered what would be expected if a mother worked                                                                
as a flagger, for example, and did not have a safe place to                                                                     
bring an infant.                                                                                                                
                                                                                                                                
MR. CUNNINGHAM said  that was brought up when the  bill was heard                                                               
in the Labor and Commerce  Committee and Senator Stevens wondered                                                               
if  employers  would  have  to accommodate  an  infant  in  their                                                               
facilities;  so the  committee substitute  included  a line  that                                                               
said "Nothing  in this  section requires an  employer to  allow a                                                               
child in  the workplace  at times other  than break  times." That                                                               
meant that  if the  mother chose to  make accommodations  to feed                                                               
the infant  in the business where  she was employed, it  would be                                                               
during her break  time. She would have to arrange  for someone to                                                               
bring   the  baby   to   the  facility   in   order  to   provide                                                               
breastfeeding. He  thought that  more women would  take advantage                                                               
of the opportunity  to express breast milk and store  it in order                                                               
to provide it to the child care provider later.                                                                                 
                                                                                                                                
2:39:16 PM                                                                                                                    
SENATOR ELTON said  he was having a tough time  wrapping his head                                                               
around this  because the notion  seemed to be that  the workplace                                                               
was  a facility,  and many  workplaces were  not. He  wondered if                                                               
they were creating  a right for mothers that might  go beyond the                                                               
social good of breastfeeding.                                                                                                   
                                                                                                                                
2:40:05 PM                                                                                                                    
CHAIR DAVIS said those things did  come up in Labor and Commerce,                                                               
and they  seemed to  think that  the amendment  they made  to the                                                               
bill would cover those issues.                                                                                                  
                                                                                                                                
MR.  CUNNINGHAM said  that a  certain  number of  women chose  to                                                               
breastfeed their  children because  of the positive  results that                                                               
came from it;  but women returning to the  workforce often didn't                                                               
because of  the lack of  facilities or  lack of break  time. This                                                               
bill was  intended to increase  the numbers of working  women who                                                               
would  have   the  opportunity   to  breastfeed   by  encouraging                                                               
employers who  could do so  to provide mothers  that opportunity.                                                               
It  was  not the  intent  of  the  sponsor  to mandate  that  all                                                               
employers   make   allowances   for  it   regardless   of   their                                                               
circumstances.                                                                                                                  
                                                                                                                                
2:42:13 PM                                                                                                                    
SENATOR ELTON persisted  that the provision beginning  on line 10                                                               
was that  "An employer  shall provide..." and  that seemed  to be                                                               
problematic. It could be a  biologist doing creel censuses at the                                                               
dock, or  any number of other  circumstances where it might  be a                                                               
problem.                                                                                                                        
                                                                                                                                
CHAIR DAVIS said it must be in close proximity to the workplace.                                                                
                                                                                                                                
SENATOR ELTON  said there was  an extensive repaving of  the road                                                               
30 miles  out of  town and  proximity there  would be  defined in                                                               
miles. He was concerned by the "shall".                                                                                         
                                                                                                                                
2:43:54 PM                                                                                                                    
SENATOR COWDERY  asked how  they would  address women  working on                                                               
charter boats that were out for hours or days.                                                                                  
                                                                                                                                
MR. CUNNINGHAM  said perhaps  the mother  would have  to schedule                                                               
expressing milk  so that  she could  continue to  breastfeed when                                                               
she  got  home.  He  suggested  that perhaps  they  could  add  a                                                               
condition to cover  an unreasonable situation with  regard to the                                                               
word "shall." If the situation  demonstrated that it would not be                                                               
reasonable,   the   employer   could   be   exempted   from   the                                                               
responsibility to provide the mother that opportunity.                                                                          
                                                                                                                                
2:45:48 PM                                                                                                                    
CHAIR  DAVIS reminded  them that  there was  not a  law requiring                                                               
them to allow a mother to bring the baby to the workplace.                                                                      
                                                                                                                                
SENATOR DYSON said  he would vote no on this  in its present form                                                               
because of  the issues brought up  today. He would support  it if                                                               
there  were a  minimum size  for businesses  that had  to comply,                                                               
perhaps  10-15 employees.  It would  also need  to allow  time, a                                                               
year  or  two,  for  employers to  revamp  their  facilities.  He                                                               
believed  that   most  enlightened  employers  would   bend  over                                                               
backward to  make accommodation  for good  employees and  for the                                                               
health of  the children. The case  was well made, but  this could                                                               
be too heavy a burden on small business operators.                                                                              
                                                                                                                                
2:48:10 PM                                                                                                                    
SENATOR THOMAS said he agreed  with some of the previous comments                                                               
and  would  not want  to  create  a  situation that  would  cause                                                               
employers  to  feel negatively  about  hiring  women based  on  a                                                               
concern for what they might have  to provide. He had some concern                                                               
about the "shall"  and the requirements, which  he thought needed                                                               
to be  expanded a bit,  and felt that  a couple of  changes would                                                               
make it more palatable to him.                                                                                                  
                                                                                                                                
2:49:19 PM                                                                                                                    
SENATOR ELTON  said he  supported the  legislation and  knew that                                                               
time was short;  but he had concerns about the  "shall" and about                                                               
line  6 where  it said  "the employee  may breastfeed  or express                                                               
milk." It  seemed as if it  was the employee's choice  to bring a                                                               
child into  the workplace  and not the  employer's; he  felt that                                                               
could be  a problem on  some work sites.  He asked if  they could                                                               
have  legal  take a  look  at  that  and  reassure him  that  the                                                               
implementation would not  be as strict as his reading  of it, and                                                               
if they would suggest language to replace "shall."                                                                              
                                                                                                                                
2:50:30 PM                                                                                                                    
CHAIR DAVIS said  she was sure they could get  someone from legal                                                               
to  do  that; but  she  pointed  out  that  the wording  was  "An                                                               
employer  shall  provide reasonable  unpaid  break  time" so  the                                                               
mother could do that. She did not understand his reservations.                                                                  
                                                                                                                                
SENATOR  ELTON explained  that this  created  a requirement;  the                                                               
employer must do this. And then  on line 6 it said, "the employee                                                               
may breastfeed  or express  breast milk." It  seemed to  him that                                                               
language made  it the decision  of the  employee to have  a child                                                               
there  to breastfeed  or to  express  breast milk.  If the  woman                                                               
chose  to breastfeed,  it would  mean the  baby would  be at  the                                                               
workplace whether or not it would  create a safety hazard for the                                                               
child or others.                                                                                                                
                                                                                                                                
SENATOR ELTON suggested  that in order to avoid  slowing down the                                                               
process  they could  move  it  on to  the  next committee,  where                                                               
several  of them  also  sat,  and ask  legal  to  respond to  his                                                               
concerns there.                                                                                                                 
                                                                                                                                
2:52:09 PM                                                                                                                    
CHAIR  DAVIS said  they  might as  well keep  the  bill in  their                                                               
committee and  deal with it. She  asked if the next  committee of                                                               
referral would be Finance.                                                                                                      
                                                                                                                                
MR. CUNNINGHAM  replied that the  next committee would  be Senate                                                               
Rules because there was no fiscal note.                                                                                         
                                                                                                                                
CHAIR DAVIS said  since this was the last  committee of referral,                                                               
they  would have  to deal  with their  concerns before  moving it                                                               
out; but  she was not  sure whether they  would be able  to bring                                                               
the bill back.                                                                                                                  
                                                                                                                                
The committee took a brief at-ease at 2:53:46 PM.                                                                             
                                                                                                                                
2:54:57 PM                                                                                                                    
SENATOR THOMAS  expanded on  Senator Elton's  example of  a woman                                                               
working as a  flagger. Because flagger was  a certified position,                                                               
if there were one flagger on a  job the whole job could be slowed                                                               
down. They  would have to  bring in another certified  flagger to                                                               
take that  person's place during  breaks, which could mean  a lot                                                               
of shuffling. He  agreed that there were  some circumstances that                                                               
would be  very difficult  for an employer.  He was  supportive of                                                               
the concept,  but knew that in  his previous life, he  would have                                                               
heard  about it  if  he had  tried  to  put this  in  one of  his                                                               
contracts.                                                                                                                      
                                                                                                                                
2:56:10 PM                                                                                                                    
CHAIR DAVIS  thanked Mr. Cunningham  again for bringing  the bill                                                               
forward,  but said  they would  not  be able  to move  it out  of                                                               
committee. She  asked him to make  notes and take it  back to the                                                               
sponsor so  those issues could be  addressed. She held SB  113 in                                                               
committee.                                                                                                                      

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