Legislature(2007 - 2008)CAPITOL 106

05/08/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:04:59 PM Start
03:05:23 PM Confirmation Hearing|| University of Alaska Board of Regents
03:09:07 PM HB252
04:28:16 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Confirmation Hearing:
University of Alaska Board of Regents
*+ HB 252 LEAVE FOR ORGAN/BONE MARROW DONATIONS TELECONFERENCED
Moved CSHB 252(HES) Out of Committee
+ SB 97 ALASKA NATIVE ART IDENTIFICATION SEALS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                          May 8, 2007                                                                                           
                           3:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Bob Roses, Vice Chair                                                                                            
Representative Anna Fairclough                                                                                                  
Representative Mark Neuman                                                                                                      
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
University of Alaska Board of Regents                                                                                         
                                                                                                                                
     Erik Drygas - Fairbanks                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 252                                                                                                              
"An Act requiring paid leave from employment for organ and bone                                                                 
marrow donation."                                                                                                               
                                                                                                                                
     - MOVED HB 252(HES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR SENATE BILL NO. 97(JUD)                                                                                                  
"An  Act relating  to identification  seals for  certain articles                                                               
created  or  crafted  in  the state  by  Alaska  Native  persons;                                                               
relating  to the  Alaska State  Council on  the Arts;  and making                                                               
certain identification seal violations unfair trade practices."                                                                 
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 252                                                                                                                  
SHORT TITLE: LEAVE FOR ORGAN/BONE MARROW DONATIONS                                                                              
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
05/03/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/07       (H)       HES, STA                                                                                               
05/08/07       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ERIK DRYGAS, Appointee                                                                                                          
University of Alaska Board of Regents                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified as  appointee to the University of                                                               
Alaska Board of Regents.                                                                                                        
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 252 as prime sponsor.                                                                         
                                                                                                                                
CHRISTINE MARASIGAN, Staff                                                                                                      
to Representative Gabrielle LeDoux                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
252 on behalf of Representative LeDoux, prime sponsor.                                                                          
                                                                                                                                
BRUCE ZALNERAITIS, Chief Executive Officer                                                                                      
Life Alaska Donor Services                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Offered statistics  related  to organ  and                                                               
bone marrow donations during the hearing on HB 252.                                                                             
                                                                                                                                
GREY MITCHELL, Director                                                                                                         
Central Office                                                                                                                  
Division of Labor Standards & Safety                                                                                            
Department of Labor & Workforce Development                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Addressed  issues of enforcement  and leave                                                               
donations  within  collective   bargaining  groups  and  answered                                                               
questions during the hearing on HB 252.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 3:04:59  PM.                                                             
Representatives  Fairclough,  Neuman,  Gardner,  and  Roses  were                                                               
present at the call to  order.  Representatives Seaton and Cissna                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
3:05:23 PM                                                                                                                    
                                                                                                                                
^CONFIRMATION HEARING                                                                                                         
^University of Alaska Board of Regents                                                                                        
                                                                                                                                
3:05:58 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  announced the  first order of  business would  be a                                                               
confirmation  hearing  for  the  University of  Alaska  Board  of                                                               
Regents.                                                                                                                        
                                                                                                                                
3:06:22 PM                                                                                                                    
                                                                                                                                
ERIK DRYGAS,  Appointee, University  of Alaska Board  of Regents,                                                               
offered a brief  personal history to illustrate why  he should be                                                               
chosen as a member of the board.                                                                                                
                                                                                                                                
3:07:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER stated  that she has heard  from those she                                                               
has  asked  that Mr.  Drygas  has  a  reputation as  a  community                                                               
activist and advocate.                                                                                                          
                                                                                                                                
3:07:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  moved to  advance the  confirmation of                                                               
Erik  Drygas, appointee  to  the University  of  Alaska Board  of                                                               
Regents, to  the joint session  of the  House and Senate.   There                                                               
being  no   objection,  the  confirmation  of   Erik  Drygas  was                                                               
advanced.                                                                                                                       
                                                                                                                                
HB 252-LEAVE FOR ORGAN/BONE MARROW DONATIONS                                                                                  
                                                                                                                                
3:09:07 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE BILL NO. 252, "An  Act requiring paid leave from employment                                                               
for organ and bone marrow donation."                                                                                            
                                                                                                                                
3:09:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GABRIELLE   LEDOUX,  Alaska   State  Legislature,                                                               
presented HB 252  as prime sponsor.  She noted  that HB 252 would                                                               
require employers  who employ  100 people or  more to  grant paid                                                               
leave  of absence  to an  employee for  the purpose  of making  a                                                               
personal organ or  bone marrow donation.  The  employer would not                                                               
be required to provide more than  80 hours of leave, but would be                                                               
required to  provide no less  than 40 hours, unless  the employee                                                               
were  to  request  fewer  hours.     Representative  LeDoux  said                                                               
according to Life  Alaska Donor Services, there  are 160 patients                                                               
waiting for  a kidney transplant  and under 100 people  in Alaska                                                               
awaiting  a  bone  marrow  transplant.   She  reported  that  the                                                               
matching rate  for bone marrow  donors is rare:   approximately 1                                                               
in 100,000.   Blood Bank of Alaska - the  entity that manages the                                                               
bone  marrow  program in  the  state  -  reports that  there  are                                                               
approximately 5 Alaskans per year donating bone marrow.                                                                         
                                                                                                                                
3:11:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH acknowledged  a  possible conflict  of                                                               
interest, as  she is  a listed  bone marrow  donor.   She offered                                                               
support for  the intent of the  bill, and referred to  a sentence                                                               
on page 2, lines [17-20], which read as follows:                                                                                
                                                                                                                                
     An employee  who is covered by  a collective bargaining                                                                    
     agreement may  donate leave to or  receive donations of                                                                    
     leave from  an employee or  officer who is  not covered                                                                    
     by a  collective bargaining  agreement, notwithstanding                                                                    
     AS 39.20.310(7) and (8) [AS 39.20.310(8) AND (9)].                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  indicated that  the issue  of donating                                                               
leave is  usually left  "to internal  policies and  procedures by                                                               
individual  corporations   or  companies,"  and   she  questioned                                                               
whether the state would be overstepping its bounds.                                                                             
                                                                                                                                
3:12:49 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff  to Representative  Gabrielle LeDoux,                                                               
Alaska  State Legislature,  on behalf  of Representative  LeDoux,                                                               
prime sponsor  of HB 252,  pointed out  that the language  in the                                                               
aforementioned portion  of the  bill is  permissive; it  uses the                                                               
word "may".                                                                                                                     
                                                                                                                                
3:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   maintained  her   concern  regarding                                                               
overall policy.   Further,  she expressed  concern for  an agency                                                               
that has  staff on 24/7  shifts, such  as the Alaska  State Ferry                                                               
System.   She explained that  the employer  may end up  having to                                                               
pay someone else  "time and a half" to cover  an employee leaving                                                               
to make a donation.                                                                                                             
                                                                                                                                
3:14:33 PM                                                                                                                    
                                                                                                                                
MS.  MARASIGAN  offered  various  scenarios  involving  employees                                                               
using leave  to make donations,  even suggesting  the possibility                                                               
that the donor and the receiver may work for the same agency.                                                                   
                                                                                                                                
3:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   noted  that   out  of   Alaska's  entire                                                               
population  of  over  [670,000],  there  are  only  160  patients                                                               
waiting  for  kidney  transplants   and  fewer  than  100  people                                                               
awaiting bone  marrow transplants.   Furthermore, the  bill would                                                               
only apply to employers who employ over 100 people.                                                                             
                                                                                                                                
3:16:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES questioned who  would enforce whether or not                                                               
businesses were giving the proposed  mandated leave.  Further, he                                                               
asked  whether  a  donation  of  a  kidney  would  be  considered                                                               
elective surgery or would be covered by insurance.                                                                              
                                                                                                                                
3:17:33 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN replied that she does  not think there would be any                                                               
way  to enforce  the  giving  of leave,  but  indicated that  the                                                               
proposed bill language, once a  part of statute, would facilitate                                                               
asking for leave.  Regarding  Representative Roses' second query,                                                               
she deferred to  a representative of Life  Alaska Donor Services,                                                               
whose testimony would be forthcoming.                                                                                           
                                                                                                                                
3:18:35 PM                                                                                                                    
                                                                                                                                
BRUCE  ZALNERAITIS, Chief  Executive Officer,  Life Alaska  Donor                                                               
Services, related  that in  the U.S.,  kidney disease  is covered                                                               
under  Medicare through  the  End-Stage Renal  Disease  Act.   In                                                               
response  to Representative  Roses, he  confirmed that  insurance                                                               
covers the  procedure of  the donor  and recipient;  however, the                                                               
donor is  not covered  by insurance for  travel expenses  or time                                                               
missed from work.                                                                                                               
                                                                                                                                
REPRESENTATIVE  ROSES  said  if   the  procedure  is  covered  by                                                               
insurance than it  is not considered to be elective  surgery.  In                                                               
that case, he questioned if  the procedure would be covered under                                                               
the Family Medical Leave Act.                                                                                                   
                                                                                                                                
MR. ZALNERAITIS said  although he is not an  insurance expert, he                                                               
knows  that  the surgical  procedure  for  donating a  kidney  is                                                               
covered by  the same insurance  that covers the recipient  of the                                                               
transplant.  He reiterated that  that coverage is found under the                                                               
End-Stage Renal Disease Act.                                                                                                    
                                                                                                                                
3:20:36 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON clarified that the  committee wants to figure out if                                                               
the  donor  could receive  leave  benefits  if the  procedure  is                                                               
considered elective.                                                                                                            
                                                                                                                                
MR.  ZALNERAITIS replied  that  since the  donor  is healthy  and                                                               
otherwise  has  no medical  problems,  his/her  surgery would  be                                                               
considered elective.                                                                                                            
                                                                                                                                
3:21:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN said  someone in Wage and  Hour [within the                                                               
Division of  Labor Standards &  Safety], informed him  that state                                                               
statute  "sideboards"  do  not apply  to  persons  covered  under                                                               
collective bargaining agreements.                                                                                               
                                                                                                                                
3:21:56 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON surmised  that that means [the  proposed bill] would                                                               
not  affect  state employees,  because  they  would follow  their                                                               
union contract.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  NEUMAN agreed.   He  asked  if there  would be  a                                                               
limit  to the  number of  times  an employee  could receive  paid                                                               
leave [to be a donor].                                                                                                          
                                                                                                                                
3:22:49 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN replied that that is  not outlined in the bill.  In                                                               
response to a follow-up question  from Representative Neuman, she                                                               
said among other  states with similar legislation,  the amount of                                                               
recuperation time  that is allowed varies  from approximately two                                                               
to  four  weeks.   She  talked  about  the idea  of  flexibility,                                                               
depending upon the situation.                                                                                                   
                                                                                                                                
3:24:38 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON turned the gavel over to Vice Chair Roses.                                                                         
                                                                                                                                
3:25:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  opined that this legislation  would be                                                               
enforceable under  wage and  hour statutes.   Referring  again to                                                               
page 2, lines 17-20 [text  provided previously], and she said she                                                               
interprets the  language to  state that  the employee  would make                                                               
the  decision whether  or  not to  donate "in  and  outside of  a                                                               
bargaining agreement."   She said  she thinks an  employee cannot                                                               
make that decision.   She called on personal  experience to state                                                               
an example, and said she does  not know if leave donations can be                                                               
made  between  two  employees  at different  levels  of  pay  and                                                               
benefits.                                                                                                                       
                                                                                                                                
3:27:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX promised to work  on that issue if the bill                                                               
passes out of committee.                                                                                                        
                                                                                                                                
3:27:38 PM                                                                                                                    
                                                                                                                                
GREY  MITCHELL,  Director,  Central  Office,  Division  of  Labor                                                               
Standards & Safety, Department of  Labor & Workforce Development,                                                               
at the request of Vice  Chair Roses, addressed the aforementioned                                                               
issues  of  enforcement  and leave  donations  within  collective                                                               
bargaining groups.   He stated his  belief that the law  would be                                                               
enforceable,  although  he   said  he  does  not  see   it  as  a                                                               
significant  impact on  Wage  and Hour  [within  the Division  of                                                               
Labor Standards  & Safety]  or the department.   He  reminded the                                                               
committee that the bill would  pertain only to employers with 100                                                               
or more  employees and only employees  who work 30 or  more hours                                                               
per  week.    He  said  there  really  would  not  be  a  penalty                                                               
associated with  a violation; therefore,  basically the  law will                                                               
be explained and  the employer will be persuaded to  do the right                                                               
thing.                                                                                                                          
                                                                                                                                
MR.  MITCHELL,  regarding  the collective  bargaining  agreement,                                                               
said  the statute  in  Title  39 really  deals  only with  public                                                               
employees.   He observed that  the bill changes the  reference in                                                               
AS 39.20.310  to paragraphs  (7) and  (8).   He stated,  "I can't                                                               
explain  why  this  language  is   there.    Maybe  someone  from                                                               
Department of Administration, Division  of Personnel, could speak                                                               
to  that  issue, but  I  believe  it's  only applying  to  public                                                               
employees."                                                                                                                     
                                                                                                                                
3:29:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  if a  union  that is  not a  public                                                               
employees' union and has its  own collective bargaining agreement                                                               
would fall under the same guidelines under Alaska statute.                                                                      
                                                                                                                                
MR. MITCHELL offered his understanding  that the Labor Management                                                               
Relations Act requires union members  to exhaust their collective                                                               
bargaining  grievance  process  before requesting  the  state  to                                                               
"pursue enforcement action of a statute."                                                                                       
                                                                                                                                
3:31:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  noted  that  paragraph  (8)  in  this                                                               
statute relates  to the  state ferry  workers.   She reemphasized                                                               
her wish that the sponsor clearly  state the intent that the bill                                                               
does not support  stepping "in the middle of a  violation of Wage                                                               
and Hour."                                                                                                                      
                                                                                                                                
3:31:51 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR ROSES  asked if  "this  type of  situation" would  be                                                               
covered  under current  regulation  of the  Family Medical  Leave                                                               
Act.                                                                                                                            
                                                                                                                                
MR. MITCHELL answered  that it would not.  He  explained that the                                                               
donor  would  not  be  considered as  suffering  from  a  serious                                                               
medical condition,  which is the  "primary trigger to  be covered                                                               
under the  Family Medical  Leave Act."   Another  accepted reason                                                               
would be pregnancy leave.                                                                                                       
                                                                                                                                
3:32:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN referred to  language on page 1, [beginning                                                               
on line 8 through line 10], which read as follows:                                                                              
                                                                                                                                
     An  employer who  employs 100  or more  employees shall                                                                    
     provide a paid leave of  absence to an employee for the                                                                    
     purpose  of  making a  personal  organ  or bone  marrow                                                                    
     donation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  NEUMAN   confessed  to  having  an   aversion  to                                                               
mandates from government.  He asked the sponsor to comment.                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX  said replacing  the word "shall"  with the                                                               
word "may" would  gut the bill.  She said  that in most instances                                                               
she  would agree  with  Representative  Neuman's philosophy,  but                                                               
with  respect  to  employer/employee relations,  there  are  many                                                               
things that are mandated, such  as overtime pay and minimum wage.                                                               
She concluded,  "The potential  benefits to  the people  that can                                                               
benefit from this are  so huge that I'd say this  is one of those                                                               
few cases where I think that the mandate would be appropriate."                                                                 
                                                                                                                                
REPRESENTATIVE NEUMAN  asked if  Representative LeDoux  is saying                                                               
that  currently private  industry must  allow paid  medical leave                                                               
for a voluntary medical process.                                                                                                
                                                                                                                                
REPRESENTATIVE  LEDOUX answered  no.   However,  she pointed  out                                                               
that  currently  there  is  no  law  prohibiting  employers  from                                                               
granting that leave.                                                                                                            
                                                                                                                                
3:36:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN said he has a problem with this issue.                                                                    
                                                                                                                                
3:36:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  she shares  Representative Neuman's                                                               
concern.    She  stated  her belief  that  donating  blood,  bone                                                               
marrow, or  any organ is  a wonderful  gift, and she  approves of                                                               
efforts to  encourage those acts.   She said she  would seriously                                                               
consider  a  state  program  along  these  lines.    Out  of  the                                                               
approximately 30  states that have  made requirements  similar to                                                               
those proposed  in HB 252,  23 have requirements that  apply only                                                               
to  state employees.   She  said it  crosses the  line to  tell a                                                               
private employer that he/she must also  make a gift of leave time                                                               
in  response to  an employee  making a  donor's gift.   She  said                                                               
while she  would like  to think that  many big  company employers                                                               
would want  to do that, she  does not think it  is necessary that                                                               
the state make that a mandate.                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  said it is a  policy call as to  where the                                                               
line is  drawn, but she  explained that the sponsor  decided that                                                               
the line would  be "appropriately drawn" at the figure  of 100 or                                                               
more employees.                                                                                                                 
                                                                                                                                
3:40:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH, in  response to Representative Seaton,                                                               
said AS  39.20 addresses compensation, allowances,  and leave for                                                               
state workers.                                                                                                                  
                                                                                                                                
3:40:57 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL noted  that Title 23.10 addresses the  Wage and Hour                                                               
Act and  employment practices and working  conditions for private                                                               
employers.                                                                                                                      
                                                                                                                                
3:41:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  pledged to  work  to  resolve any  issues                                                               
brought up by future committees.                                                                                                
                                                                                                                                
3:42:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  if  the leave  time  that would  be                                                               
granted to the  donor would cover the time it  takes to be tested                                                               
and qualify.                                                                                                                    
                                                                                                                                
3:42:52 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN indicated  that the intent of the bill  is to cover                                                               
"the actual  act of  doing the  donation itself  and recuperation                                                               
time."   However, in response  to a follow-up question,  she said                                                               
the bill  "doesn't specify how  much time  would be used  for the                                                               
screening process or  for the actual procedure itself  or for the                                                               
recuperation  time"; it  would just  make getting  leave possible                                                               
for those who want to be donors.                                                                                                
                                                                                                                                
3:44:30 PM                                                                                                                    
                                                                                                                                
MR.  ZALNERAITIS  relayed that  the  process  of determining  the                                                               
eligibility of a  kidney donor involves the  following three main                                                               
steps:  psychosocial;  medical suitability - to  ensure the donor                                                               
is healthy;  and immunological.  He  said the donor can  have all                                                               
these  steps completed  while still  in Alaska,  but most  likely                                                               
will fly to Seattle for the actual procedure.                                                                                   
                                                                                                                                
3:45:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said he is  trying to determine whether the                                                               
bill would require  the employer to give paid leave  to the donor                                                               
for that evaluation process.                                                                                                    
                                                                                                                                
3:46:04 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  ROSES asked Mr.  Zalneraitis, "Do you  define testing                                                               
for organ donation the same as  you do making a personal organ or                                                               
bone marrow donation?  Do you consider those to be the same?"                                                                   
                                                                                                                                
MR.  ZALNERAITIS  answered  no.   He  clarified,  "Testing  would                                                               
involve the establishment  of health and the  establishment of an                                                               
immunologic  match  with  the recipient  candidate,  which  is  a                                                               
series of blood tests."                                                                                                         
                                                                                                                                
VICE CHAIR ROSES  said he thinks that  clarification "takes away"                                                               
the  question that  Representative  Seaton is  asking, which  is:                                                               
"Does testing  require then that  the employer grant leave?"   He                                                               
said the way  he reads the language, it just  requires that leave                                                               
"for the donation."                                                                                                             
                                                                                                                                
3:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX stated that was  not the intent of the bill                                                               
to  make the  employer  pay for  the testing,  and  she said  she                                                               
doesn't think the  bill implies that; however,  she would support                                                               
an amendment to clarify the issue.                                                                                              
                                                                                                                                
3:47:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  noted  that  the first  sentence  of  the                                                               
second  paragraph of  the sponsor's  statement  [included in  the                                                               
committee packet], read:                                                                                                        
                                                                                                                                
     For  living donors,  paid  leave may  be  needed for  a                                                                    
     screening process, the procedure  to obtain bone marrow                                                                    
     or kidneys, and recuperation time.                                                                                         
                                                                                                                                
3:47:44 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN explained:                                                                                                        
                                                                                                                                
     The reason  why that  language is  in there  is because                                                                    
     ...  the  nature of  testing  is  different for  kidney                                                                    
     donation than  it is for  bone marrow donation.   And I                                                                    
     think  Mr.  Zalneraitis,  you'd talked  about  what  it                                                                    
     would  mean   to  be  screened  for   kidney  donation.                                                                    
     Correct  me if  I'm wrong,  but there  is not  only the                                                                    
     whole screening  process where  ... you're  checking on                                                                    
     the health  of the donor,  et cetera ..., but  you also                                                                    
     have to do certain kinds  of blood tests, even close to                                                                    
     the  time  right  before  the  person  has  to  make  a                                                                    
     donation in order for that person to donate a kidney.                                                                      
                                                                                                                                
MR. ZALNERAITIS responded:                                                                                                      
                                                                                                                                
     Yes, again, we're concerned about the health prior to                                                                      
      and up until the surgery itself, and so, testing is                                                                       
     done for matching as well as for health reasons.                                                                           
                                                                                                                                
3:48:37 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR NEUMAN,  in response  to a  discussion comparing  the                                                               
language of the  bill to that of the  sponsor's statement, asked,                                                               
"You're just  asking for  the actual procedure  to be  covered by                                                               
the employer, not the testing - is that correct?"                                                                               
                                                                                                                                
MS.  MARASIGAN  answered that  is  correct,  but emphasized  that                                                               
because  of the  nature of  the  donation, sometimes  a donor  is                                                               
screened right up until the time he/she goes into surgery.                                                                      
                                                                                                                                
3:49:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH highlighted  the language  on page  1,                                                               
line  9, that  read  "a  paid leave".    She  indicated that  she                                                               
interprets that  to mean that  "a leave  bank would not  be taken                                                               
away to  do this; that this  is a benefit that  we're considering                                                               
passing on."                                                                                                                    
                                                                                                                                
3:51:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH reviewed  some  questions and  answers                                                               
that had been discussed before his arrival to the meeting.                                                                      
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  asked how many transplants  or bone marrow                                                               
donations occur in Alaska annually.                                                                                             
                                                                                                                                
3:54:33 PM                                                                                                                    
                                                                                                                                
MR.  ZALNERAITIS  replied  that  there  are  6-10  living  kidney                                                               
donations made per year.                                                                                                        
                                                                                                                                
3:57:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  referred to page 2,  subsection (b), [line                                                               
9], which would allow an  officer or employee, "with the approval                                                               
of  the person  authorizing  the employment",  to donate  accrued                                                               
personal or  annual leave  to "another  officer or  employee only                                                               
for use  as leave  for medical reasons."   He  questioned whether                                                               
this would create "another type of leave that could be donated."                                                                
                                                                                                                                
3:58:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  paraphrased the first paragraph  of AS                                                               
39.20.245(a), which read as follows:                                                                                            
                                                                                                                                
          (a) An officer or employee may donate one or more                                                                     
     days  of   personal  leave  a  year   to  the  memorial                                                                    
     education revolving loan fund,  or to an education loan                                                                    
     account in the fund, under AS 14.43.250 - 14.43.325.                                                                       
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  stated, "That's  what 245  is speaking                                                               
to.  So, if you wanted  to donate to the memorial education fund,                                                               
you could do so, but that's not  tying our hands when it comes to                                                               
the ... donation of bone marrow or an organ."                                                                                   
                                                                                                                                
3:59:02 PM                                                                                                                    
                                                                                                                                
MR. MITCHELL observed that in Section  3, the only change that is                                                               
proposed for AS 39.20.245(b) is  the numbering of the paragraphs.                                                               
He observed that the only other  change to statute seems to be in                                                               
Section  6, which  renumbers some  of  the exceptions.   He  said                                                               
there doesn't  look like  there would be  any change  to existing                                                               
state law.                                                                                                                      
                                                                                                                                
4:00:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   clarified    the   renumbering   of                                                               
exceptions.                                                                                                                     
                                                                                                                                
4:01:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  asked  if   the  bill  would  require  an                                                               
employer of 100 or more employees  to give leave to a donor, even                                                               
if that  donor had already  used up his/her personal  and/or sick                                                               
leave.                                                                                                                          
                                                                                                                                
AN UNIDENTIFIED SPEAKER answered yes.                                                                                           
                                                                                                                                
4:02:04 PM                                                                                                                    
                                                                                                                                
VICE CHAIR ROSES opined that it  would be helpful to have a leave                                                               
bank created through a grant and matching funds.                                                                                
                                                                                                                                
4:03:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  reported that her late  husband received a                                                               
kidney  through transplant  and lived  for ten  additional years,                                                               
and she  said she  understands many others  have been  helped, as                                                               
well.    Notwithstanding  that, she  noted  that  small  business                                                               
owners are struggling,  and she asked how open  the sponsor would                                                               
be  to adopting  changes, such  as  that proposed  by Vice  Chair                                                               
Roses.                                                                                                                          
                                                                                                                                
4:05:03 PM                                                                                                                    
                                                                                                                                
VICE CHAIR ROSES closed public testimony.                                                                                       
                                                                                                                                
4:05:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  she  thinks  a  business  with  100                                                               
employees  does not  constitute  a small  business; however,  she                                                               
offered to raise the number to 150.                                                                                             
                                                                                                                                
REPRESENTATIVE  ROSES proffered  that some  businesses -  such as                                                               
canneries -  have over  100 employees  seasonally, but  hire less                                                               
than  100 other  times  of  the year.    He asked  Representative                                                               
LeDoux  whether  or   not  her  intent  is  that   the  over  100                                                               
requirement mean year-round.                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  responded that  most of the  canneries are                                                               
run by huge, multi-national corporations.                                                                                       
                                                                                                                                
4:07:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  moved to adopt Conceptual  Amendment 1, as                                                               
follows:                                                                                                                        
                                                                                                                                
     On page 1, line 9:                                                                                                         
                                                                                                                                
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
REPRESENTATIVE NEUMAN  said the relationship between  an employer                                                               
and  employee is  one that  should  be struck  between those  two                                                               
individuals  only.   He reiterated  that  he has  a problem  with                                                               
allowing the  state to interfere  in that relationship  by making                                                               
mandates regarding employee benefits.                                                                                           
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH objected to Conceptual Amendment 1.                                                                   
                                                                                                                                
4:09:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  admitted that she had  voiced the same                                                               
concern  at one  point, but  had  been willing  to let  it go  to                                                               
facilitate a  broader discussion of  the bill in the  House State                                                               
Affairs Standing  Committee.   She noted  that "we"  provide time                                                               
off  for jury  duty to  encourage participation  in the  judicial                                                               
system and workers' compensation  to encourage safe practices and                                                               
healthy  employees.    She  said when  people  are  on  Medicaid,                                                               
Medicare, or extended  leave while waiting for a  donor to become                                                               
available, that  costs the  state in  many ways,  and there  is a                                                               
social  and economic  benefit to  providing a  donor to  get that                                                               
person waiting off  the list so that he/she  can reenter society.                                                               
She  mentioned a  preference for  the bill  to affect  only state                                                               
employees/employers.                                                                                                            
                                                                                                                                
4:12:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA   objected  to  Conceptual   Amendment  1,                                                               
because she said it would gut the bill.                                                                                         
                                                                                                                                
4:12:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  offered  to  work with  the  sponsor  to                                                               
rework the bill  so that it would apply only  to state employees.                                                               
Regarding  other  examples  of   mandatory  pay  for  leave,  she                                                               
mentioned jury duty,  but she said it is not  optional, but is an                                                               
obligation.   In  response to  Vice Chair  Roses, she  stated her                                                               
intent would be to offer an amendment to Conceptual Amendment 1.                                                                
                                                                                                                                
4:13:57 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  ROSES suggested that  Conceptual Amendment come  to a                                                               
vote as is.  He objected to Conceptual Amendment 1.                                                                             
                                                                                                                                
4:14:28 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative  Neuman voted  in                                                               
favor  of  Conceptual  Amendment  1.    Representatives  Gardner,                                                               
Roses,  Fairclough,   Seaton,  and   Cissna  voted   against  it.                                                               
Therefore, Conceptual Amendment 1 failed by a vote of 1-5.                                                                      
                                                                                                                                
4:15:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER moved  to adopt  Conceptual Amendment  2,                                                               
that the provision apply only to state employees.                                                                               
                                                                                                                                
4:15:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN  objected  and   stated  that  people  can                                                               
contribute their own  leave time on a voluntary  basis to support                                                               
their co-workers.                                                                                                               
                                                                                                                                
4:16:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH reiterated  that  she  had raised  the                                                               
same concerns to  the bill sponsor.  She  said the administration                                                               
has  related that  the bill  is  already within  the confines  of                                                               
labor  agreements and  employment opportunities.   She  explained                                                               
that the donor  would be getting time off but  no more money than                                                               
he/she typically would receive in a given year.                                                                                 
                                                                                                                                
4:18:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN said  if the donor has used  all of his/her                                                               
leave  time, "it's  got to  come from  somewhere; ...  this money                                                               
just doesn't appear."                                                                                                           
                                                                                                                                
VICE  CHAIR ROSES  said  in most  large  organizations there  are                                                               
provisions regarding donated leave.  He continued:                                                                              
                                                                                                                                
     When they calculate an  employee's salary and benefits,                                                                    
     and they build that into  the budget, they calculate in                                                                    
     the average  number of days  that are taken in  any one                                                                    
     year by employees for leave.                                                                                               
                                                                                                                                
VICE  CHAIR ROSES  surmised  that  if a  person  did use  his/her                                                               
leave, that time could be converted to days towards retirement.                                                                 
                                                                                                                                
4:19:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  proffered  that  when a  person  gives  a                                                               
transplant, the  recipient comes back  into the labor pool  in an                                                               
incredibly productive way.                                                                                                      
                                                                                                                                
4:20:59 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Cissna, Gardner,                                                               
Roses,  Fairclough,  and  Seaton  voted in  favor  of  Conceptual                                                               
Amendment   2.     Representative   Neuman   voted  against   it.                                                               
Therefore, Conceptual Amendment 2 passed by a vote of 5-1.                                                                      
                                                                                                                                
4:22:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to adopt Conceptual  Amendment 3, as                                                               
follows:                                                                                                                        
                                                                                                                                
     On page 1, line 13, following "requests fewer hours."                                                                      
                                                                                                                                
           Insert "This section does not require the                                                                            
     employer to grant paid leave for a separate screening                                                                      
     process."                                                                                                                  
                                                                                                                                
4:23:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER objected  to Conceptual  Amendment 3  for                                                               
discussion purposes.  She stated  concern that leave coverage for                                                               
a donor would not be limited.                                                                                                   
                                                                                                                                
4:24:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  explained, "That's  why  I  put the  word                                                               
'separate' in  there."   He said  the sponsor  noted she  did not                                                               
intend the bill to cover donors "going out to be tested."                                                                       
                                                                                                                                
4:24:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER removed  her objection.   There  being no                                                               
further objection, Conceptual Amendment 3 was adopted.                                                                          
                                                                                                                                
4:24:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to  adopt  Conceptual Amendment  4,                                                               
which  would specify  that the  leave class  created by  the bill                                                               
could not  be donated like  other leave can  be.  There  being no                                                               
objection, Conceptual Amendment 4 was adopted.                                                                                  
                                                                                                                                
4:26:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH moved  to report  HB 252,  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
4:26:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   objected  to   hear  a  review   of  the                                                               
amendments that had passed.                                                                                                     
                                                                                                                                
CHAIR ROSES offered that review.                                                                                                
                                                                                                                                
4:27:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON removed her objection.  There being no                                                                    
further objection, CSHB 252(HES) was reported out of the House                                                                  
Health, Education and Social Services Standing Committee.                                                                       
                                                                                                                                
4:27:45 PM                                                                                                                    
                                                                                                                                
[Vice Chair Roses returned the gavel to Chair Wilson.]                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:28:16 PM.                                                                                                  
                                                                                                                                

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