Legislature(2007 - 2008)CAPITOL 106
05/12/2007 09:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB171 | |
| HB252 | |
| HJR25 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 25 | TELECONFERENCED | |
| + | HB 252 | TELECONFERENCED | |
| + | SB 171 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 12, 2007
9:04 a.m.
DRAFT
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Bob Roses, Vice Chair
Representative John Coghill
Representative Kyle Johansen
Representative Andrea Doll
Representative Max Gruenberg
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
SENATE BILL NO. 171
"An Act relating to the withdrawal of a candidate from a
judicial retention election and the removal of such a
candidate's name from the general election ballot; and providing
for an effective date."
- MOVED SB 171 OUT OF COMMITTEE
HOUSE BILL NO. 252
"An Act requiring paid leave from employment for organ and bone
marrow donation."
- MOVED CSHB 252(STA) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 25
Urging the United States Congress to support the freedom to
choose unions.
- MOVED HJR 25 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 171
SHORT TITLE: JUDICIAL RETENTION CANDIDACY WITHDRAWAL
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
05/03/07 (S) READ THE FIRST TIME - REFERRALS
05/03/07 (S) STA
05/09/07 (S) STA RPT 5DP
05/09/07 (S) DP: MCGUIRE, FRENCH, STEVENS, GREEN,
BUNDE
05/09/07 (S) STA AT 9:00 AM BELTZ 211
05/09/07 (S) Moved SB 171 Out of Committee
05/09/07 (S) MINUTE(STA)
05/10/07 (S) TRANSMITTED TO (H)
05/10/07 (S) VERSION: SB 171
05/10/07 (S) STA AT 9:00 AM BELTZ 211
05/10/07 (S) <Above Item Removed from Agenda>
05/10/07 (S) MINUTE(STA)
05/11/07 (H) READ THE FIRST TIME - REFERRALS
05/11/07 (H) STA, JUD
05/12/07 (H) STA AT 9:00 AM CAPITOL 106
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
05/08/07 (H) Moved CSHB 252(HES) Out of Committee
05/08/07 (H) MINUTE(HES)
05/10/07 (H) HES RPT CS(HES) 4DP 2NR 1AM
05/10/07 (H) DP: ROSES, GARDNER, CISSNA, WILSON
05/10/07 (H) NR: SEATON, FAIRCLOUGH
05/10/07 (H) AM: NEUMAN
05/12/07 (H) STA AT 9:00 AM CAPITOL 106
BILL: HJR 25
SHORT TITLE: SUPPORTING RIGHT TO FORM LABOR UNIONS
SPONSOR(s): REPRESENTATIVE(s) HARRIS
05/10/07 (H) READ THE FIRST TIME - REFERRALS
05/10/07 (H) STA
05/12/07 (H) STA AT 9:00 AM CAPITOL 106
WITNESS REGISTER
JASON HOOLEY, Special Assistant/Legislature
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Presented SB 171 on behalf of the Senate
Rules Committee, sponsor by request of the governor.
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: Explained the changes to Version M.
REPRESENTATIVE JOHN HARRIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HJR 25 as sponsor.
CHARISSE MILLETT, Staff
to Representative John Harris
Alaska State Legislature
POSITION STATEMENT: Offered an overview of HJR 25 on behalf of
Representative Harris, prime sponsor.
VINCE BELTRAMI, President
American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO)
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 25.
MELINDA TAYLOR, Executive Board Member
Anchorage Central Labor Council
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 25.
JAY QUAKENBUSH
Fairbanks Building Trades
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 25.
TIM SHARP, Business Manager
Local 942;
Business Manager
District Council of Laborers
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 25.
DON ETHERIDGE
American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO)
Juneau, Alaska
POSITION STATEMENT: Testified on behalf of the AFL-CIO in
support of HJR 25.
ACTION NARRATIVE
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 9:04:15 AM. Representatives Roses, Coghill,
Johansen, Doll, and Lynn were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
SB 171-JUDICIAL RETENTION CANDIDACY WITHDRAWAL
9:05:06 AM
CHAIR LYNN announced that the first order of business was SENATE
BILL NO. 171, "An Act relating to the withdrawal of a candidate
from a judicial retention election and the removal of such a
candidate's name from the general election ballot; and providing
for an effective date."
9:05:13 AM
JASON HOOLEY, Special Assistant/Legislature, Office of the
Lieutenant Governor, noted that he is also speaking on behalf of
the Division of Elections. Mr. Hooley explained that SB 171 is
a response to a problem the Division of Elections faced in the
last general election when contacted by a candidate for judicial
retention who was considering withdrawing his name from the
general election ballot. He explained that currently there is
no statutory provision to allow that to happen. The proposed
bill would create such a provision and make it possible for the
judicial candidate to notify the Division of Elections up to 48
days before the general election.
9:07:56 AM
REPRESENTATIVE ROSES moved to report SB 171 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 171 was reported out of the
House State Affairs Standing Committee.
The committee took an at-ease from 9:08:59 AM to 9:10:08 AM.
HB 252-LEAVE FOR ORGAN/BONE MARROW DONATIONS
9:10:10 AM
CHAIR LYNN announced that the next order of business would be
HOUSE BILL NO. 252 "An Act requiring paid leave from employment
for organ and bone marrow donation."
CHAIR LYNN clarified that CSHB 252(HES), Version 25-LS0817\E,
was before the committee.
9:11:20 AM
REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature,
presented HB 252 as prime sponsor. She explained that HB 252
would require the State of Alaska to grant a 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; however, the
leave could not be less than 40 hours, unless the employee were
to request fewer hours. She noted that there are nearly 160
patients in Alaska waiting for a kidney transplant, while less
than 100 people in Alaska are awaiting a bone marrow transplant.
9:12:46 AM
REPRESENTATIVE ROSES moved to adopt the committee substitute
(CS), Version 25-LS0817\M, Mischel, 5/11/07, as a work draft.
9:13:03 AM
REPRESENTATIVE GRUENBERG objected for discussion purposes.
9:13:12 AM
CHRISTINE MARASIGAN, Staff to Representative Gabrielle LeDoux,
Alaska State Legislature, on behalf of Representative LeDoux,
prime sponsor of HB 252, explained the changes to Version M.
9:13:57 AM
REPRESENTATIVE GRUENBERG removed his objection to Version M.
There being no further objection, Version M was before the
committee.
9:14:09 AM
REPRESENTATIVE DOLL cited language in Section 4, on page 2,
beginning on line 18, which read as follows:
Paid administrative leave may not include time spent
on a screening process to determine whether the
employee is a compatible donor.
REPRESENTATIVE DOLL offered her understanding that the screening
process is often lengthy, and she asked why it could not be
included in the leave time.
MS. MARASIGAN explained that the [House Health, Education and
Social Services Standing Committee] had specifically requested
that any language regarding testing be deleted, because it could
be possible for someone to request leave multiple times. She
said the process of screening for a bone marrow donor does not
take long; however, the process of screening a prospective
kidney donor can be more involved. In response to a follow-up
question from Representative Doll, she explained that if someone
is already on "the list" he/she has already completed the
screening process; therefore, the idea is that he/she will use
the leave time for the actual donation.
REPRESENTATIVE DOLL revealed that she had taken steps to find
out if one of her kidneys was compatible with [Representative
Richard Foster who is waiting for a kidney transplant], and
during that process she found out that the early testing process
is lengthy. She concluded, "I would think that we would want to
say something about that here."
REPRESENTATIVE LEDOUX said she would not object to an amendment
to that effect, since that was the language of the original bill
version.
CHAIR LYNN asked if adding that language would slow the process
and, if so, if it would be better to expand the legislation in a
later bill. He said time is of the essence both for the people
involved in the transplants and for the legislature.
9:17:42 AM
REPRESENTATIVE LEDOUX said those members of the first committee
of referral may not favor seeing the language they voted out of
the bill reinstated, which could slow the bill process down. In
response to Chair Lynn, she offered her understanding that the
bill is accompanied by an indeterminate fiscal note.
9:18:14 AM
REPRESENTATIVE DOLL suggested the word "not" could be deleted
from the aforementioned language [text provided previously].
REPRESENTATIVE LEDOUX [nodded yes.]
9:18:43 AM
REPRESENTATIVE GRUENBERG concurred with Representative Doll's
suggestion. He spoke of Stan Robbins, the late husband of
Representative Sharon Cissna, who he said lived a number of
years thanks to a kidney transplant. He asked the bill sponsor
if she would mind adding Mr. Robbins' name to the short title of
the bill.
REPRESENTATIVE LeDOUX replied that she would not mind.
9:19:46 AM
MS. MARASIGAN, in response to a query by Representative
Gruenberg, said current statute allows someone to take leave to
care for someone who is sick. Regarding donors, she said,
"Because you're a healthy person when your donate, it's an
elective surgery, so it's not part of ... what's already on the
books."
9:21:00 AM
REPRESENTATIVE GRUENBERG directed attention to [page 2, lines
28-29], which says an employee is someone "who is employed for
an average of 30 or more scheduled hours each week and who is
paid by a warrant issued by the state." He offered his
understanding that many state employees are paid electronically;
they are no longer paid by warrant. He suggested that the
language could read simply, "who is paid by the state".
MS. MARASIGAN called Representative Gruenberg's observation a
good one and explained that that language exists because of a
recommendation by the House Health, Education and Social
Services Standing Committee.
REPRESENTATIVE GRUENBERG turned to [page 2, lines 25-27], which
list the following state agencies: "executive, judicial, or
legislative branch of state government, the Alaska Railroad
Corporation, or the University of Alaska". He suggested that
the following be considered for addition to the list: the
Alaska Housing Finance Corporation (AHFC), the Alaska Permanent
Fund Corporation, the Judicial Council, and the Commission on
Judicial Conduct.
MS. MARASIGAN, in response to a question from Representative
Gruenberg, confirmed that it is the sponsor's intent to include
all state employees.
9:22:31 AM
MS. MARASIGAN, in response to a request from Representative
Coghill, reiterated the timing involved for a donor of bone
marrow and of a kidney. She offered more detail regarding the
latter.
REPRESENTATIVE COGHILL indicated that the language in Version M
would not stop a donor from making a leave request more than
once.
MS. MARASIGAN offered her understanding that the donor would
request leave one time to cover preparation and donation time.
9:25:22 AM
CHAIR LYNN, after ascertaining that there was no one to testify,
closed public testimony.
9:25:40 AM
REPRESENTATIVE DOLL moved to adopt Amendment 1 as follows:
Page 2, line 18
Between "may" and "include"
Delete "not"
REPRESENTATIVE ROSES objected. He offered some background
related to the discussion of the previous committee of referral.
He stated that most screenings are done locally. He said the
reasoning behind not allowing multiple leave is that the donor
does not have to fly to where the donee is except at the actual
time of donation. Further testing and screening is done
directly before the operation, which would be included in the
single leave time. He indicated that using the phrase "may not"
would allow someone to appeal his/her case.
9:28:19 AM
REPRESENTATIVE GRUENBERG said unfortunately that is not the way
the court would interpret that language; "may not" is
prohibitive language, he explained. He said allowing someone to
take leave before the leave taken for the actual procedure, for
example, to undergo screening, would save lives, and he
expressed his hope that Representative Roses would remove his
objection.
9:29:26 AM
REPRESENTATIVE ROSES removed his objection. There being no
further objection, Amendment 1 was adopted.
9:29:35 AM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2 as follows:
Page 2, line 29:
Between "who is paid" and "by the state"
Delete "by a warrant issued"
There being no objection, Amendment 2 was adopted.
9:30:09 AM
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 3,
on page 2, line 27, after "University of Alaska," to add any
other appropriate entities, including Alaska Housing Finance
Corporation, the Permanent Fund Corporation, the Judicial
Council, and the Commission on Judicial Conduct.
CHAIR LYNN asked if there was any objection to Conceptual
Amendment 3. There being none, it was so ordered.
9:31:24 AM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 4, as follows:
On page 1, line 5:
Between "Richard Foster" and "and Alex Cesar"
Insert ", Stanley M. Robbins"
REPRESENTATIVE GRUENBERG, in response to a question from Chair
Lynn, said the names could appear in any order that the sponsor
wishes. Furthermore, he told Chair Lynn that he is certain that
Representative Cissna would [approve].
CHAIR LYNN asked if there was any objection to Amendment 4.
There being none, it was so ordered.
9:32:38 AM
REPRESENTATIVE DOLL moved to report CSHB 252, Version 25-
LS0817\M, Mischel, 5/11/07, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 252(STA) was reported out of the
House State Affairs Standing Committee.
The committee took an at-ease from 9:33:26 AM to 9:34:41 AM.
[Due to technical difficulties, the next four minutes of
testimony are not on the recording, but are reconstructed from
the committee secretary's log notes.]
HJR 25-SUPPORTING RIGHT TO FORM LABOR UNIONS
CHAIR LYNN announced that the last order of business was HOUSE
JOINT RESOLUTION NO. 25, Urging the United States Congress to
support the freedom to choose unions.
CHAIR LYNN commented on the controversial nature of the bill and
the number of people signed up to testify.
REPRESENTATIVE JOHN HARRIS, Alaska State Legislature, introduced
HJR 25 as sponsor. He said he is bringing forth the proposed
resolution on behalf of the labor unions of Alaska.
Representative Harris relayed that he has been a member of the
International Brotherhood of Teamsters for over 30 years. He
said America's middle class is shrinking rapidly; there is an
increasing chasm between the "haves" and the "have nots." He
said that fact concerns him, and HJR 25 would give people an
opportunity to bridge that gap by more easily becoming members
of unions and, thus, experiencing better working conditions and
receiving better pensions.
9:38:20 AM
[Recording begins again here.]
CHARISSE MILLETT, Staff to Representative John Harris, offered
an overview of HJR 25 on behalf of Representative Harris, prime
sponsor. She said HJR 25 supports HR 800, which has currently
passed the U.S. Congress and will be heard in the U.S. Senate in
July. She paraphrased from a page [in the committee packet]
from the sponsor as follows:
Working families in Alaska and throughout America are
struggling to make ends meet, and our middle class is
disappearing.
The National Labor Relations Act (NLRA) of 1935 sought
to allow people the freedom to join together for the
purpose of [collectively] bargaining with [employers]
for mutual aid and protections. The system worked ...
[well] for awhile, but now the national labor
relations machinery allows [employers] to be
militantly, [aggressively] hostile to the decisions of
their employees, even though three-fourths of all
Americans think employers should be neutral. The
system is broken.
Today, we have a system where [chief executive
officers] (CEOs) demand contracts for themselves but
fight to keep workers from having a voice on the job.
As a result, working people are losing ground - losing
health care coverage, retirement security, and jobs.
A union voice can change that.
The Employee Free Choice Act (EFCA) keeps the basic
system, but gives the workers choice. They can have
an election or, if they prefer, they can demonstrate
their [preference] for union representation by a show
of authorization cards - it's called "the card check"
- [which] then [become] the basis for the [National
Labor Relations Board] (NLRB) certification. Further,
EFCA imposes stiffer penalties on employers who coerce
or intimidate their employees.
Passage of this act will go a long way to restore the
original intent of the National Labor Relations Act,
and will help uplift the middle class in our state
[and] throughout the country.
MS. MILLETT noted that there is currently a companion bill being
introduced by the Senate.
9:40:26 AM
CHAIR LYNN said some people have a knee-jerk reaction to the
word "union." He recognized the need for both management and
unions, but said there appears to be a great divide between the
two.
9:41:33 AM
REPRESENTATIVE DOLL offered her understanding that a store which
would soon be opening in Juneau is not "open to unions."
MS. MILLETT, in response to questions from Representative Doll,
said she thinks HJR 25 will have an impact on "civil penalties
or penalties against companies that don't allow union
organization."
9:42:42 AM
MS. MILLETT, in response to a question from Chair Lynn,
confirmed that HJR 25 is based on a model resolution used
throughout the country and has been modified for Alaska.
9:43:05 AM
REPRESENTATIVE GRUENBERG said he strongly supports HJR 25. He
offered his understanding that there is a similar bill being
offered by U.S. Senator Edward Kennedy. He noted that a copy of
the proposed resolution would be sent to the prime sponsor in
the U.S. House of Representatives, and he recommended adding
Senator Kennedy's name.
CHAIR LYNN said he does not want to be too specific regarding to
whom the legislation is sent.
MS. MILLETT indicated that HJR 25 supports the legislation that
has been brought forth by Senator Edward Kennedy.
9:44:27 AM
VINCE BELTRAMI, President, American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO), testified during
the hearing on HJR 25. He indicated that whether or not one
supports the proposed resolution boils down to whether or not
he/she supports the rights of employees to organize as is
guaranteed under the National Labor Relations Act, legislation
which he said was passed to overcome oppression in the not so
distant past. He related historical examples of that
oppression. He said "union density" has slipped from over 35
percent in the 1940s to its present level of 8 percent
nationwide, and he stated that it is well known that a thriving
middle class would prop up the nation's economy. He opined that
the proposed legislation is "the first step to try to shift back
to what it was the National Labor Relations Act set out to do."
He said he would submit his written testimony along with a DVD
related to the issue.
9:49:14 AM
MELINDA TAYLOR, Executive Board Member, Anchorage Central Labor
Council, testified in support of HJR 25. She explained her
support of the proposed resolution is based on economic reasons,
specifically, the decline of the middle class. She said she is
not opposed to big business and people making millions of
dollars, she just wants "the little guy to be able to buy a
house, start a family, and fully participate in the American
dream."
9:50:18 AM
CHAIR LYNN noted that the following people had signed up to
testify on behalf of the Local 942 labor union: Michael Lockery
(ph), Candis Shannon (ph), Carl S. Weed (ph), Bret Horner (ph),
Tim Sharp, and Sean Rice (ph). In the interest of time, he
asked that this group choose one person to be their
spokesperson, and that that spokesperson be ready to testify
after the next witness.
9:50:43 AM
JAY QUAKENBUSH, Fairbanks Building Trades, testified in support
of HJR 25. He relayed that he has represented many new
employers and employees under contract. However, there have
been numerous lost opportunities to organize new workers, often
times because of direct coercion of employers - even if subtle.
He offered an example.
9:54:14 AM
TIM SHARP, Business Manager, Local 942; Business Manager,
District Council of Laborers, testified in support of HJR 25.
He said he has worked as a labor organizer for over ten years
and has seen firsthand some of the abuses taking place within
unscrupulous companies. He described HJR 25 as the most
progressive resolution to come out of the House in over 20
years. He indicated that the gap between the upper and lower
classes is directly proportional to a lack of unionization.
9:56:18 AM
DON ETHERIDGE testified on behalf of the AFL-CIO in support of
HJR 25. He said he realizes there are good and bad players on
"both sides of the aisle." He urged the committee to support
the resolution as a means of improving past situations.
CHAIR LYNN stated his strong support of the U.S. and Alaska, and
encouraged a good relationship between labor and management.
9:57:27 AM
REPRESENTATIVE GRUENBERG moved to report HJR 25 out of committee
with individual recommendations and the accompanying fiscal
notes.
9:57:33 AM
REPRESENTATIVE ROSES objected to offer final comment. He stated
that it does not help in gaining support of any legislation to
classify a person as bad or good based on how he/she votes. He
said people should vote their conscience. He related that
although he appreciates the enthusiasm and intensity with which
people have testified, he warns against "inflaming other people
as we go forward with this." He summarized that he supports the
concepts of the resolution, but not its "glowing generalities."
9:58:43 AM
CHAIR LYNN concurred with Representative Roses.
9:58:52 AM
REPRESENTATIVE COGHILL stated his support of HJR 25, but said he
does not support testimony that brings back old history. He
stated, "For every bad thing that has been done to a union, you
could say that bad things have happened to companies, as well."
He explained, "You just [have] to be careful about taking that
vitriolic language and pushing it out in a resolution when
you're asking support for a particular bill in Congress."
CHAIR LYNN said he would like to see these issues moved forward
in an atmosphere of cooperation.
9:59:57 AM
REPRESENTATIVE ROSES removed his objection. There being no
further objection, HJR 25 was reported out of the House State
Affairs Standing Committee.
10:00:34 AM
CHAIR LYNN said he anticipates that this is the last committee
meeting of the year, and he thanked everyone on the committee
for his/her work and civil attitude.
10:01:30 AM
REPRESENTATIVE GRUENBERG, as a minority member of the House,
thanked the chair, vice chair, and other members of the
committee for the way in which the committee has conducted its
business.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
10:02:14 AM.
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