Legislature(2009 - 2010)BELTZ 211

03/24/2009 01:30 PM LABOR & COMMERCE


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01:36:19 PM Start
01:37:46 PM SB86
02:59:40 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 86 PAID SICK LEAVE TELECONFERENCED
Moved SB 86 Out of Committee
+= SB 14 EXTEND MOTOR FUEL TAX SUSPENSION TELECONFERENCED
Scheduled But Not Heard
*+ SB 60 UNIFORM PROBATE CODE; TRUSTS, WILLS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                     SB  86-PAID SICK LEAVE                                                                                 
                                                                                                                                
CHAIR PASKVAN announced the consideration of SB 86.                                                                             
                                                                                                                                
1:37:46 PM                                                                                                                    
NICK  MOE,  aide to  Senator  Johnny  Ellis,  sponsor of  SB  86,                                                               
reminded the  committee that this  bill requires paid  sick leave                                                               
for private employees in the state  of Alaska to accrue at a rate                                                               
of 1  hour for  every 40 hours  an employee works.  It is  a very                                                               
good minimum labor  standard much like the  federal standards for                                                               
minimum wage and mandatory paid overtime.                                                                                       
                                                                                                                                
With paid sick leave, he said,  an employee can take the time off                                                               
to get  better if they  do fall sick at  the work place.  This is                                                               
good for  everyone, because  if an employee  comes to  work sick,                                                               
they not only expose other  employees to their illness, they also                                                               
threaten the  consumers of  that business,  especially if  it's a                                                               
food industry or child care business.                                                                                           
                                                                                                                                
1:39:36 PM                                                                                                                    
SENATOR MEYER noted that overtime is  a federal law, and asked if                                                               
there is a federal standard for sick leave.                                                                                     
                                                                                                                                
MR. MOE answered no, but  under the Clinton administration unpaid                                                               
leave was  instituted for  taking care of  family members.  It is                                                               
through federal action  that a lot of local  governments are able                                                               
to take this on.                                                                                                                
                                                                                                                                
SENATOR MEYER asked if it was  his intent to allow people to cash                                                               
in sick leave.                                                                                                                  
                                                                                                                                
MR. MOE answered no.                                                                                                            
                                                                                                                                
SENATOR MEYER  asked if  the larger  employers already  have paid                                                               
sick leave.                                                                                                                     
                                                                                                                                
MR. MOE  answered yes, but  the sponsor's  intent is to  fill the                                                               
gap between those who do and those who don't.                                                                                   
                                                                                                                                
1:42:38 PM                                                                                                                    
SENATOR  MEYER said  he is  looking  at businesses  with over  15                                                               
employees  and  large  employers,  and thought  maybe  they  were                                                               
getting  into  labor/management   relations  and  the  bargaining                                                               
process.  Some may  get higher  wages  for not  having paid  sick                                                               
leave and ultimately extra costs get passed on to the consumer.                                                                 
                                                                                                                                
1:43:09 PM                                                                                                                    
SENATOR BUNDE joined the committee.                                                                                             
                                                                                                                                
SENATOR  MEYER said  he didn't  support the  government mandating                                                               
how a business should be run.  Most employers are smart enough to                                                               
know  that if  someone comes  to  work sick,  it would  adversely                                                               
impact their business.  He liked the idea of not  calling it paid                                                               
sick leave,  but calling it a  personal day, because a  mother or                                                               
father may not be sick, but they  might have a sick child at home                                                               
they need to spend time with.                                                                                                   
                                                                                                                                
MR. MOE said studies have  shown that businesses actually benefit                                                               
from paid  sick leave  for a number  of reasons.  Productivity is                                                               
increased  by not  having sick  workers coming  in and  trying to                                                               
work  and getting  other employees  sick  as well.  On the  other                                                               
hand, some employees  feel like they either have to  come to work                                                               
sick or  stay home  and risk  losing their job.  But, there  is a                                                               
cost to the  business if that employee is fired  and a new person                                                               
needs to be trained.                                                                                                            
                                                                                                                                
Testimony  from Dr.  Heidi Hartman,  Institute of  Women's Policy                                                               
Research, before  the Senate Committee  on Health,  Education and                                                               
Labor, indicated  that if workers  were provided just  seven paid                                                               
sick days per  year, our national economy would  experience a net                                                               
savings  of over  $8.1 million.  Forbes Magazine  had an  article                                                               
that touched on the very  large number of dollars that businesses                                                               
could save by implementing these programs.                                                                                      
                                                                                                                                
SENATOR MEYER said he has  a personal bias against the government                                                               
mandating how  to operate with employee/employer  relations where                                                               
there are always gives and takes.                                                                                               
                                                                                                                                
1:47:35 PM                                                                                                                    
SENATOR DAVIS said the state doesn't  have sick leave, but it has                                                               
combined all  leaves into one  account called personal  leave. If                                                               
you don't use  it, it can be  cashed out. She asked  why they are                                                               
interested in sick leave as opposed to personal.                                                                                
                                                                                                                                
MR. MOE  answered that current  language requires an  employee or                                                               
his family to  be sick in order  to take the paid  leave. It also                                                               
allows victims of domestic violence  to take safe days. This bill                                                               
specifically  deals with  the sick  days as  opposed to  personal                                                               
days, because they  are more quantifiable. An  employer can grant                                                               
these  personal   days  that  will   go  towards  the   sick  day                                                               
requirement, but if  an employee is sick and needs  to leave work                                                               
without the permission of his employer,  he must be sick in order                                                               
to qualify.                                                                                                                     
                                                                                                                                
1:48:46 PM                                                                                                                    
SENATOR THOMAS joined the committee.                                                                                            
                                                                                                                                
SENATOR DAVIS asked if  a person can stay home to  take care of a                                                               
sick child under this bill.                                                                                                     
                                                                                                                                
MR. MOE  answered yes; the  bill covers immediate  family members                                                               
as well as personal health.                                                                                                     
                                                                                                                                
SENATOR THOMAS  said one concern  he has is  the use of  the term                                                               
"sick". It  sounds good until  trying to determine the  degree of                                                               
sickness a  person needs  to be in  order to  qualify; invariably                                                               
people are  seen operating  in a  capacity that  isn't consistent                                                               
with them  being sick, and  everyone wants to use  whatever leave                                                               
is available.                                                                                                                   
                                                                                                                                
1:52:41 PM                                                                                                                    
MR. MOE  said the hope  is to  provide the bare  minimum standard                                                               
for sick leave, and the hope  is also that the system doesn't get                                                               
abused.                                                                                                                         
                                                                                                                                
SENATOR THOMAS asked if this leave can be rolled forward.                                                                       
                                                                                                                                
MR. MOE  answered yes; it can  be carried over year  to year, but                                                               
it can't be cashed out.                                                                                                         
                                                                                                                                
1:54:28 PM                                                                                                                    
PAT LUBY, Advocacy Director, AARP,  supported SB 86. He said half                                                               
of his members  are in the work force. The  economy requires some                                                               
older workers  to stay in  the work  force longer and  others are                                                               
returning to it.  The older workers, especially  those who return                                                               
to  the work  force  on a  part  time basis  to  make ends  meet,                                                               
receive  lower pay  without many  benefits, if  any. At  the same                                                               
time, these older workers are more  likely to have an illness and                                                               
need to take time off.                                                                                                          
                                                                                                                                
1:55:53 PM                                                                                                                    
GABE ACEVES, Executive Director,  Alaska Public Interest Research                                                               
Group (AKPIRG), supported  SB 86. He said he had  worked with the                                                               
sponsor and other  interested groups in the state  and across the                                                               
nation towards promoting sick day  leave policies.  He said about                                                               
122,000 full-time workers in Alaska  do not receive sick pay, and                                                               
they are usually  in the lower paying jobs. They  handle our food                                                               
every  day  as restaurant  workers,  hotel  employees and  retail                                                               
personnel. They work  in daycare and senior centers,  but if they                                                               
get sick, they are forced to  choose between taking a day off and                                                               
the possibility of being reprimanded  or losing their job if they                                                               
decide not  to show  up for  work. The loss  of a  job represents                                                               
losing a place to  live and not being able to  make ends meet. He                                                               
was sensitive  to small  business owners'  needs and  agreed that                                                               
businesses will actually end up  saving money this way by keeping                                                               
workers  and not  having to  train  new ones.  This concept  also                                                               
protects the public's health.                                                                                                   
                                                                                                                                
1:59:20 PM                                                                                                                    
CHAIR PASKVAN asked if he worried  that employers may use this to                                                               
negotiate away paid vacation days.                                                                                              
                                                                                                                                
MR.  ACEVES  answered  that  AKPIRG has  asked  that  the  bill's                                                               
language  establish a  very minimum  standard to  earn this  paid                                                               
leave. There is  a 90-day waiting period, for  instance, from the                                                               
time you are hired, and on top of  that you only earn one hour of                                                               
leave for  every 40 hours  of work. So,  a full time  employee is                                                               
looking at about  800 hours of work before getting  a day of sick                                                               
leave.  The fact  that employees  have  to earn  this leave  will                                                               
probably stop them from abusing it.                                                                                             
                                                                                                                                
CHAIR PASKVAN  clarified that  his question  was focused  more on                                                               
employers who already  provide a month of paid  leave saying they                                                               
can use one week out of that for sick leave.                                                                                    
                                                                                                                                
MR.  ACEVES  responded  if  an   employer  already  provides  his                                                               
employees with a paid leave policy, this bill won't affect them.                                                                
                                                                                                                                
MR. MOE said that was his understanding as well.                                                                                
                                                                                                                                
2:01:52 PM                                                                                                                    
SENATOR BUNDE  commented that it's his  experience, especially in                                                               
the fast food industry, that  they are so desperate for employees                                                               
that they seldom fire anyone.                                                                                                   
                                                                                                                                
SENATOR THOMAS  said he couldn't  find anything in the  bill that                                                               
says this seven days would be  offset by some other form of leave                                                               
that may exist.                                                                                                                 
                                                                                                                                
MR. ACEVES said language on page  2, line 22, says an employer is                                                               
not subject  to this section if  the employer already had  a plan                                                               
in place that accrues at this rate or greater.                                                                                  
                                                                                                                                
2:04:28 PM                                                                                                                    
CHAIR  PASKVAN seeing  no questions  or  comments, closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
SENATOR  MEYER remarked  that the  fishing industry  brings up  a                                                               
whole lot of people who are  not residents to work in the summer,                                                               
and asked if that employer has to give them sick leave.                                                                         
                                                                                                                                
MR.  MOE pointed  out the  90-day requirement  before sick  leave                                                               
starts to accrue; so they wouldn't  be able to accrue much before                                                               
the end  of the season. If  they are not Alaskan  residents, they                                                               
wouldn't qualify either under the current language.                                                                             
                                                                                                                                
SENATOR BUNDE noted  there are lots of  definitions of residents.                                                               
How is it defined in this legislation?                                                                                          
                                                                                                                                
MR. MOE  directed him to  page 2, line  21, that says  the person                                                               
has to live in the state.                                                                                                       
                                                                                                                                
SENATOR BUNDE  said military  people often  take other  jobs, and                                                               
they aren't residents, for instance.                                                                                            
                                                                                                                                
2:07:25 PM                                                                                                                    
CHAIR PASKVAN  observed that the  bill applies to  employers, not                                                               
employees.                                                                                                                      
                                                                                                                                
MR. MOE  said he  thought the language  meant "living  or staying                                                               
within Alaska while you are working."                                                                                           
                                                                                                                                
2:08:10 PM                                                                                                                    
AL  TAMAGNI, Sr.,  representing himself  and as  a member  of the                                                               
NFIB, said  he owns Pension Services  International in Anchorage.                                                               
He has some  serious questions and concerns about SB  86. Some of                                                               
the facts  he has heard today  can't be substantiated, he  said -                                                               
like  the fact  that someone  said Alaska  has 122,000  full time                                                               
workers who  don't get sick  leave. In administering  pensions he                                                               
has found  the term "sick  leave" is not  used in most  cases and                                                               
"personal  leave"  is, and  that  can  be  taken as  sick  and/or                                                               
vacation leave. It's up to  the individual. However, the employer                                                               
can budget accordingly.                                                                                                         
                                                                                                                                
Another  downside to  this bill,  Mr.  Tamagni said,  is that  it                                                               
allows sick leave  to be carried over from year  to year, and the                                                               
question  is how  does an  employer budget  for that  every year.                                                               
Also a  lot of  employers already provide  2-3 weeks  of personal                                                               
leave, which wouldn't  qualify as sick leave under  this bill. So                                                               
the employers will  probably change their policy  by reducing the                                                               
personal  leave. This  would create  more  of a  problem than  it                                                               
would help, and he hasn't seen  much evidence that this is even a                                                               
big problem in Alaska.                                                                                                          
                                                                                                                                
MR. TAMAGNI  also stated  that small  employers in  Alaska should                                                               
not be painted as utilizing their  people in a very inhumane way;                                                               
most employers here treat their  people pretty well, because they                                                               
spend  a lot  of  money  in training  them  in  the first  place.                                                               
Another problem is how to  address sick leave for businesses with                                                               
a probation  period of over 120  days if the person  doesn't keep                                                               
his job  and the  employer owes  him sick  leave. He  thought the                                                               
Department of  Labor should do  a study to  find out if  there is                                                               
really a problem in Alaska with using personal for both.                                                                        
                                                                                                                                
2:14:39 PM                                                                                                                    
STEPHANIE  STERN,  Working   Families  Policy  Analyst,  National                                                               
Partnership for  Women and  Families, supported  SB 86.  She said                                                               
she  was available  to  answer questions  and  recapped that  her                                                               
office   is  a   non-partisan,  non-profit   advocacy  group   in                                                               
Washington,  D.C., that  works to  pass policies  to help  people                                                               
realize dual responsibility of work  and family. She had outlined                                                               
in previous  testimony the congressional  movement and  action in                                                               
15 states  this year to meet  the minimum labor standard  of paid                                                               
sick days.                                                                                                                      
                                                                                                                                
2:16:31 PM                                                                                                                    
SENATOR THOMAS  asked if  she had statistics  that show  how many                                                               
employers with 15 or more employees have no form of leave.                                                                      
                                                                                                                                
MS. STERN replied  that she didn't have a break  down of employer                                                               
by employer size; but they know  that across the board 48 percent                                                               
of the employees  in the private sector don't have  any paid sick                                                               
days.                                                                                                                           
                                                                                                                                
SENATOR THOMAS said he wanted to  know how many had no paid leave                                                               
at all.                                                                                                                         
                                                                                                                                
MS. STERN said  she could get those statistics for  him, but it's                                                               
usually the lower paid employees.                                                                                               
                                                                                                                                
2:18:26 PM                                                                                                                    
CHAIR PASKVAN closed public comment again.                                                                                      
                                                                                                                                
GRAY  MITCHELL, Director,  Division Labor  Standards and  Safety,                                                               
Department  of  Labor  and  Workforce  Development  (DOLWD),  was                                                               
available to answer questions on SB 86.                                                                                         
                                                                                                                                
SENATOR MEYER asked him where  those low-paid employees who don't                                                               
have paid sick leave work.                                                                                                      
                                                                                                                                
MR. MITCHELL replied that he  suspected service industry jobs and                                                               
entry level and retail workers.                                                                                                 
                                                                                                                                
SENATOR MEYER asked  if a lot of these employees  would be in the                                                               
fishing industry.                                                                                                               
                                                                                                                                
MR.   MITCHELL  replied   that   seafood  processing   employers,                                                               
especially the  small ones, typically  don't have sick  or annual                                                               
leave as part of their benefit package.                                                                                         
                                                                                                                                
SENATOR MEYER said  this bill wouldn't help them  at all, because                                                               
a  lot  of these  people  are  not  Alaskan residents,  and  that                                                               
concerns him.                                                                                                                   
                                                                                                                                
MR.  MITCHELL said  language on  page 2,  line 21,  defined those                                                               
employers that are not subject  to the paid leave requirement. So                                                               
he  didn't understand  the issue  of  whether or  not a  resident                                                               
would be  provided the benefit  of paid sick leave,  because this                                                               
section seems to be defining the exception.                                                                                     
                                                                                                                                
SENATOR MEYER said  perhaps he was reading it wrong,  but line 14                                                               
says "employers shall provide at least  1 hour of paid sick leave                                                               
for  every 40  hours work  to each  employee who  resides in  the                                                               
state."                                                                                                                         
                                                                                                                                
MR. MITCHELL  said he thought  that language was trying  to limit                                                               
this law  to Alaskan employees,  not ones  who are out  of state.                                                               
One question he  had is how the bill defines  someone who resides                                                               
in  Alaska,  and  he  suggested  that Title  1  defines  a  state                                                               
resident as someone who  has been in the state for  30 or so days                                                               
with the intent to remain - a fairly short period of time.                                                                      
                                                                                                                                
2:23:38 PM                                                                                                                    
SENATOR  MEYER said  that seafood  processors  probably have  the                                                               
highest number  of non-state employees  than any  other industry,                                                               
and he  didn't want to make  it more attractive for  employers to                                                               
hire non-Alaskans.                                                                                                              
                                                                                                                                
SENATOR BUNDE  remarked that  slime line jobs  last less  than 90                                                               
days; so those  people wouldn't qualify for this bill.  But if he                                                               
were  a small  employer not  offering  sick leave  at this  point                                                               
because he can't afford it, would  anything in state law keep him                                                               
from firing someone every 90 days  and then rehiring him or a new                                                               
person. Wien  Airlines did  this in the  past with  employees who                                                               
worked more  than 90 days and  therefore qualified to be  part of                                                               
the union.                                                                                                                      
                                                                                                                                
MR. MITCHELL replied  that there wasn't a provision  like that in                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR PASKVAN said the way he  understands the 90 days is that an                                                               
employer can  restrict when the hours  may be cashed in,  but not                                                               
that the hours haven't accrued.                                                                                                 
                                                                                                                                
2:26:27 PM                                                                                                                    
MR. MITCHELL replied that sick  leave legally doesn't have a cash                                                               
value unless  an employer specifies  that it does. Sick  leave is                                                               
designed to give an employee time to be sick.                                                                                   
                                                                                                                                
CHAIR PASKVAN  said if an employee  worked for 75 days,  he would                                                               
have accrued so many hours of sick leave.                                                                                       
                                                                                                                                
MR.  MITCHELL replied  that was  correct; and  after 90  days the                                                               
bill said the employee can start to use that sick leave.                                                                        
                                                                                                                                
CHAIR PASKVAN  said he  didn't see  anything about  forfeiture in                                                               
the bill.  The more important  issue is  what a "resident  of the                                                               
state" means.  He wondered if an  employee who comes up  here for                                                               
60 days can accrue sick leave  irrespective of when he may return                                                               
to some other jurisdiction.                                                                                                     
                                                                                                                                
SENATOR THOMAS  suggested on  page 2, lines  16 and  22, changing                                                               
"resides" to "works in the state".                                                                                              
                                                                                                                                
CHAIR PASKVAN reiterated his question  - "What happens to accrued                                                               
time?"                                                                                                                          
                                                                                                                                
SENATOR BUNDE remarked  if you were going to quit  at 60 days and                                                               
you have  accrued 10 hours, you  had better be sick  for 10 hours                                                               
to get the benefit.                                                                                                             
                                                                                                                                
CHAIR PASKVAN asked  if the employer has an obligation  to make a                                                               
check out for accrued wages under this statute.                                                                                 
                                                                                                                                
MR.  MITCHELL replied  no; unless  the  employer puts  it in  the                                                               
contract.                                                                                                                       
                                                                                                                                
2:32:33 PM                                                                                                                    
SENATOR MEYER  said a  lot of seasonal  employees will  come back                                                               
the next summer; but once they  terminate, he asked if their sick                                                               
time accrues next year.                                                                                                         
                                                                                                                                
MR.  MITCHELL replied  that would  depend;  some fish  processors                                                               
continue providing benefits through to the next season.                                                                         
                                                                                                                                
2:34:20 PM                                                                                                                    
SENATOR BUNDE moved to adopt Amendment 1.                                                                                       
                                                 26-LS0230\R.3                                                                  
                                                        Wayne                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                  BY SENATOR BUNDE                                                                     
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "sick"                                                                                                       
          Insert "personal"                                                                                                   
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "sick"                                                                                                     
          Insert "personal"                                                                                                 
                                                                                                                                
     Page 2, line 14:                                                                                                           
          Delete "sick"                                                                                                       
          Insert "personal"                                                                                                   
                                                                                                                                
     Page 2, line 15:                                                                                                           
          Delete "sick"                                                                                                         
          Insert "personal"                                                                                                     
                                                                                                                                
     Page 2, line 18:                                                                                                           
          Delete "sick"                                                                                                         
          Insert "personal"                                                                                                     
                                                                                                                                
     Page 2, line 20:                                                                                                           
         Delete "may carry over unused paid sick leave"                                                                         
          Insert "may not carry over unused paid personal                                                                       
     leave"                                                                                                                     
                                                                                                                                
     Page 2, line 24, following "worked;":                                                                                      
          Insert "and"                                                                                                          
                                                                                                                                
     Page 2, line 25:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 2, line 30, through page 3, line 6:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 3, lines 25 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 4, line 5:                                                                                                            
          Delete "sick"                                                                                                         
          Insert "personal"                                                                                                     
                                                                                                                                
SENATOR DAVIS objected.                                                                                                         
                                                                                                                                
SENATOR BUNDE  explained that he  believes sick  leave encourages                                                               
people  to  become  creative  in  how  they  define  being  sick.                                                               
Changing  "sick" to  "personal" reflects  reality. It  would also                                                               
clarify language on page 2, line  20, by inserting "may not carry                                                               
over unused paid personal leave."                                                                                               
                                                                                                                                
2:37:04 PM                                                                                                                    
SENATOR  DAVIS  said  she  didn't   have  a  problem  with  using                                                               
"personal"  leave, but  the sponsor  prefers using  "sick" leave.                                                               
However, there is  more to the amendment that  basically guts the                                                               
bill.                                                                                                                           
                                                                                                                                
2:37:40 PM                                                                                                                    
MR. MOE  commented that  the sponsor didn't  have a  problem with                                                               
changing  the  title from  "sick"  to  "personal" leave,  but  he                                                               
agreed that  page 2 of the  amendment deleted a large  portion of                                                               
the bill - specifically page 2,  line 10 of the amendment deletes                                                               
all of the  language on page 2,  line 30 through page  3, line 6,                                                               
which describe very specifically what  the paid leave can be used                                                               
for -  to take care of  a family member or  for domestic violence                                                               
or  sexual assault.  The  goal of  paid sick  leave  is a  health                                                               
issue. The  term "personal  leave" is  pretty broad.  The sponsor                                                               
would prefer to keep "paid sick leave" language.                                                                                
                                                                                                                                
SENATOR BUNDE said  he has no intention of gutting  the bill, but                                                               
if  someone has  personal  leave,  he doesn't  have  to tell  the                                                               
employer he needs  a safe day, for instance. This  is leaving the                                                               
reason  up to  the  person to  decide. It  demeans  a worker  and                                                               
invades privacy to have to explain why.                                                                                         
                                                                                                                                
SENATOR  MEYER  agreed. Personal  leave  gives  an employee  more                                                               
flexibility to use  a day to take  his dog to the vet  if the dog                                                               
is sick, for instance.                                                                                                          
                                                                                                                                
2:42:10 PM                                                                                                                    
SENATOR DAVIS  said the intent of  the bill is to  help people in                                                               
certain situations  who need  time off, not  to give  people more                                                               
days for vacation.                                                                                                              
                                                                                                                                
SENATOR  BUNDE  said  people  who have  "sick  leave"  have  more                                                               
undefined pain.                                                                                                                 
                                                                                                                                
2:45:43 PM                                                                                                                    
CHAIR PASKVAN  said this act would  not apply to an  employer who                                                               
would already have a policy in place.                                                                                           
                                                                                                                                
2:46:52 PM                                                                                                                    
SENATOR BUNDE responded that this  is putting the small employers                                                               
who don't have sick leave  into a different category than someone                                                               
else  who provides  personal or  annual leave  already. The  much                                                               
larger  group  already  provides  personal leave;  so  why  would                                                               
lawmakers discriminate against mostly  low-wage earners by making                                                               
them  qualify  under  something called  sick  leave.  Calling  it                                                               
"personal leave"  would allow them  to take the time  off without                                                               
having to explain anything.                                                                                                     
                                                                                                                                
2:49:08 PM                                                                                                                    
SENATOR DAVIS reiterated  that the amendment does  much more than                                                               
change "sick" to "personal"; and  the sponsor wants "sick" in the                                                               
bill.                                                                                                                           
                                                                                                                                
2:51:33 PM                                                                                                                    
CHAIR PASKVAN  commented that domestic situations  where a person                                                               
was  arrested or  formally charged  would be  a matter  of public                                                               
record already. So their privacy  wouldn't be invaded further. He                                                               
pointed out that  this applies only to employers who  do not have                                                               
any formal leave or personal time  that exceeds 6.5 days per year                                                               
for full time work.                                                                                                             
                                                                                                                                
SENATOR  BUNDE  reiterated that  he  didn't  understand why  they                                                               
would say people have more rights  who work for a company that is                                                               
able to give  personal leave different than those who  work for a                                                               
company that  doesn't have  personal leave -  and they  will only                                                               
get sick  leave. So, they  get a  lesser benefit than  the people                                                               
who work for a company that provides personal leave.                                                                            
                                                                                                                                
CHAIR PASKVAN  responded that essentially  it is a  minimum labor                                                               
standard issue.                                                                                                                 
                                                                                                                                
2:54:08 PM                                                                                                                    
A roll call  vote was taken. Senators Meyer and  Bunde voted yea;                                                               
Senators  Davis,   Thomas  and  Paskvan  voted   nay;  therefore,                                                               
Amendment 1 failed.                                                                                                             
                                                                                                                                
2:54:18 PM                                                                                                                    
SENATOR MEYER said  minimum wage and mandatory  overtime laws are                                                               
already  in  place;  but  they  are both  federal  laws,  and  he                                                               
believed it was better to keep  it at the federal level. He moved                                                               
to report  SB 86 from  committee with  individual recommendations                                                               
and attached fiscal note(s).                                                                                                    
                                                                                                                                
SENATOR  BUNDE objected,  and said  this fails  miserably on  the                                                               
federal level.                                                                                                                  
                                                                                                                                
SENATOR  DAVIS   said  she  thought   some  employers   would  be                                                               
pleasantly surprised to have this on the books.                                                                                 
                                                                                                                                
SENATOR MEYER said  he hoped the Finance Committee  would look at                                                               
why it costs so much to implement.                                                                                              
                                                                                                                                
CHAIR PASKVAN  remarked that SB  86 applies only to  employers of                                                               
at least  15 workers; additionally  it only applies  to employers                                                               
who do  not have  a leave  plan of  some sort  for more  than 6.5                                                               
hours.                                                                                                                          
                                                                                                                                
2:59:27 PM                                                                                                                    
A roll  call vote  was taken. Senators  Davis, Meyer,  Thomas and                                                               
Paskvan  voted yea;  Senator Bunde  voted nay;  therefore, SB  86                                                               
moved from committee.                                                                                                           

Document Name Date/Time Subjects
SB 14 Fiscal Note.pdf SL&C 3/10/2009 1:30:00 PM
SL&C 3/24/2009 1:30:00 PM
SB 14
SB 60 Bill Packet.pdf SL&C 3/24/2009 1:30:00 PM
SL&C 3/31/2009 1:00:00 PM
SL&C 4/16/2009 1:00:00 PM
SB 60
SB 86 Bill Packet.pdf SL&C 3/10/2009 1:30:00 PM
SL&C 3/24/2009 1:30:00 PM
SB 86
SB 86 Back-Up Steffany Stern Testimony.pdf SL&C 3/10/2009 1:30:00 PM
SL&C 3/24/2009 1:30:00 PM
SB 86
SB 86 amendment.pdf SL&C 3/24/2009 1:30:00 PM
SB 86