Legislature(2009 - 2010)BELTZ 105 (TSBldg)

02/25/2010 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 266 VIOLENT CRIMES EMERGENCY COMPENSATION TELECONFERENCED
Moved SB 266 Out of Committee
*+ SB 278 LEAVE FOR MILITARY SPOUSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 25, 2010                                                                                        
                           9:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Linda Menard, Chair                                                                                                     
Senator Kevin Meyer, Vice Chair                                                                                                 
Senator Hollis French                                                                                                           
Senator Albert Kookesh                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Joe Paskvan                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 266                                                                                                             
"An Act relating to emergency compensation from the Violent                                                                     
Crimes Compensation Board."                                                                                                     
                                                                                                                                
     -    MOVED SB 266 OUT OF COMMITTEE                                                                                         
                                                                                                                                
SENATE BILL NO. 278                                                                                                             
"An Act allowing certain teachers, public employees, and private                                                                
sector employees to take leave without pay when their spouses                                                                   
are on leave from deployment in a combat zone."                                                                                 
                                                                                                                                
     -    HEARD AND HELD                                                                                                        
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 266                                                                                                                  
SHORT TITLE: VIOLENT CRIMES EMERGENCY COMPENSATION                                                                              
SPONSOR(s): SENATOR(s) THOMAS                                                                                                   
                                                                                                                                
02/10/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/10       (S)       STA, FIN                                                                                               
02/25/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 278                                                                                                                  
SHORT TITLE: LEAVE FOR MILITARY SPOUSES                                                                                         
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
02/12/10       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/10       (S)       STA, L&C                                                                                               
02/25/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GRIER HOPKINS                                                                                                                   
Aide to Senator Thomas                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Presented SB 266 for the sponsor.                                                                         
                                                                                                                                
GERAD GODFREY, Chair                                                                                                            
Violent Crimes Compensation Board (VCCB)                                                                                        
Department of Administration                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 266.                                                                                         
                                                                                                                                
KATE HUDSON, Administrator                                                                                                      
Violent Crimes Compensation Board (VCCB)                                                                                        
Department of Administration                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 266.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Sponsor of SB 278.                                                                                        
                                                                                                                                
GEORGE ASCOTT                                                                                                                   
Aide to Senator Wielechowski                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information for SB 278.                                                                          
                                                                                                                                
DAN WAYNE, Lawyer                                                                                                               
Legislative Legal Affairs (LLA)                                                                                                 
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information for SB 278.                                                                          
                                                                                                                                
JEFFREY MITTMAN, Executive Director                                                                                             
ACLU - Alaska                                                                                                                   
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported SB 278.                                                                                         
                                                                                                                                
STACY BANNERMAN                                                                                                                 
Representing herself                                                                                                            
POSITION STATEMENT: Supported SB 278.                                                                                         
                                                                                                                                
NIKKI NEAL, Director                                                                                                            
Division of Personnel and Labor Relations                                                                                       
Department of Administration                                                                                                    
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information for SB 278.                                                                          
                                                                                                                                
DENNY DEWITT, Alaska State Director                                                                                             
National Federation of Independent Business (NFIB)                                                                              
Juneau, AK                                                                                                                      
POSITION STATEMENT: Opposed SB 278.                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:01:44 AM                                                                                                                    
                                                                                                                                
CHAIR  LINDA  MENARD called  the  Senate  State Affairs  Standing                                                             
Committee meeting  to order at 9:01  a.m. Present at the  call to                                                               
order were Senators French, Meyer and Menard.                                                                                   
                                                                                                                                
          SB 266-VIOLENT CRIMES EMERGENCY COMPENSATION                                                                      
                                                                                                                                
9:02:43 AM                                                                                                                    
CHAIR  MENARD  announced the  first  order  of business  to  come                                                               
before the committee was SB 266.                                                                                                
                                                                                                                                
GRIER HOPKINS, staff  to Senator Thomas, said SB  266 proposes to                                                               
increase the  amount that victims  of violent crimes  can receive                                                               
in emergency  compensation from  the Violent  Crimes Compensation                                                               
Board (VCCB). The  current amount of $1500 is  inadequate and has                                                               
not  been increased  since  1975; SB  266  proposed an  increased                                                               
limit  of   $3500.  Emergency   compensation  is   primarily  for                                                               
relocation and  counseling for families and  victims whose safety                                                               
and well-being  are at risk.  Emergency compensation can  also be                                                               
awarded  for verifiable  lost wages  and  security measures.  The                                                               
VCCB meets about five times  annually and several weeks or months                                                               
can go  by before a  claim is fully considered;  emergency awards                                                               
can be issued in the meantime.                                                                                                  
                                                                                                                                
The Victim's Compensation  Fund receives about 70  percent of its                                                               
appropriations from the  state in the form  of withheld permanent                                                               
fund dividends from  felons. The remaining 30  percent comes from                                                               
a federal grant that the  VCCB must apply for annually. Emergency                                                               
compensation  is deducted  from  the final  amount  given to  the                                                               
victim and  SB 266 does not  increase the overall cap  of $40,000                                                               
that an  individual can receive.  The fiscal impact to  the state                                                               
is zero.                                                                                                                        
                                                                                                                                
SENATOR KOOKESH joined the meeting.                                                                                             
                                                                                                                                
9:05:03 AM                                                                                                                    
SENATOR FRENCH  asked if a  sufficient pot of money  is available                                                               
to pay out emergency claims.                                                                                                    
                                                                                                                                
MR. HOPKINS  replied that the  increased emergency  amount should                                                               
not be a problem.                                                                                                               
                                                                                                                                
SENATOR FRENCH asked if the VCCB supports SB 266.                                                                               
                                                                                                                                
MR. HOPKINS replied yes; the VCCB was the impetus behind SB 266.                                                                
                                                                                                                                
GERAD GODFREY,  Chair, Violent Crimes Compensation  Board (VCCB),                                                               
Department  of Administration,  said  emergency compensation  was                                                               
put in  place for those in  dire need during the  interim between                                                               
VCCB board meetings.                                                                                                            
                                                                                                                                
9:07:41 AM                                                                                                                    
The  allowable  amount for  emergency  compensation  has been  at                                                               
$1500 since  1975. Adjusted for  inflation, that would  amount to                                                               
over  $6000  today. The  VCCB  considers  three criteria  for  an                                                               
emergency  award: lost  wages, counseling  and relocation.  These                                                               
needs cannot wait ten or eleven  weeks for the next VCCB meeting.                                                               
He provided  an example of  a female cooperating with  the police                                                               
after being beaten or assaulted.  If the perpetrator threatens to                                                               
find  and harm  her, relocation  cannot be  delayed but  $1500 is                                                               
often  not enough  for  a plane  ticket  or a  deposit  on a  new                                                               
apartment.                                                                                                                      
                                                                                                                                
He  explained  that  up  to  $1500 per  victim  is  allowable  in                                                               
emergency funding.  If the woman  has two children, she  will get                                                               
up  to $4500  to relocate  her  family. However,  just one  woman                                                               
would only receive $1500. Without  the ability to award more than                                                               
$1500 between VCCB meetings, that woman is stuck.                                                                               
                                                                                                                                
9:10:32 AM                                                                                                                    
MR.  GODFREY clarified  that SB  266 does  not give  victims more                                                               
money overall but rather gives them  more, up front, of what they                                                               
are going to get.                                                                                                               
                                                                                                                                
SENATOR   KOOKESH  referred   to   the   table  "Violent   Crimes                                                               
Compensation  Board: New  Claims Received  by Location  of Crime"                                                               
and asked about the seven out-of-state cases.                                                                                   
                                                                                                                                
MR. GODFREY replied  that anyone in Alaska, who is  a victim of a                                                               
violent crime  here, whether he or  she is a resident  or not, is                                                               
eligible  for compensation.  The seven  out-of-state cases  could                                                               
include  a person  who was  victimized while  visiting Alaska  or                                                               
victims  who have  relocated near  a support  network in  another                                                               
state. Victims  must demonstrate  why going  to another  place is                                                               
best for them.                                                                                                                  
                                                                                                                                
9:14:17 AM                                                                                                                    
KATE  HUDSON, Administrator,  Violent  Crimes Compensation  Board                                                               
(VCCB), Department  of Administration,  clarified that  the seven                                                               
out-of-state  claims are  people residing  outside of  Alaska but                                                               
claiming compensation  from Alaska.  They were either  victims of                                                               
crime while visiting Alaska or  are relatives of homicide victims                                                               
travelling  to attend  a funeral  in  Alaska. She  said the  vast                                                               
majority  of  claimants are  Alaska  residents  but statute  does                                                               
allow compensation for visitors. She  pointed out that an Alaskan                                                               
resident,  who   is  victimized   in  another  state,   would  be                                                               
compensated under that state's program.                                                                                         
                                                                                                                                
9:15:52 AM                                                                                                                    
CHAIR MENARD closed public testimony.                                                                                           
                                                                                                                                
SENATOR  FRENCH  moved  to  report SB  266  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
9:16:35 AM                                                                                                                    
CHAIR MENARD called an at ease from 9:16 a.m. to 9:18 a.m.                                                                      
                                                                                                                                
               SB 278-LEAVE FOR MILITARY SPOUSES                                                                            
                                                                                                                                
9:18:00 AM                                                                                                                    
CHAIR MENARD announced the next  order of business to come before                                                               
the committee to be SB 278.                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI, sponsor  of SB 278, said SB  278 allows the                                                               
spouses of  soldiers serving  in combat  zones to  take up  to 10                                                               
days of  unpaid leave  from work  while the  soldier is  on leave                                                               
from  a combat  zone.  SB  278 applies  to  all  active duty  and                                                               
reserve members  whose family members  live in Alaska.  Leave for                                                               
soldiers is often  unpredictable and a spouse should  not have to                                                               
worry about time  off work when a  loved one has a  few days away                                                               
from a combat zone.                                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI said  horror stories  from people  who were                                                               
not granted  time off work  were the  impetus behind SB  278. Ten                                                               
states have similar  bills, some of which allow up  to 30 days of                                                               
leave. To be respectful to  the business community, SB 278 limits                                                               
time  off to  10 days.   He  noted opposition  has come  from the                                                               
National  Federation of  Independent  Business  / Alaska  (NFIB).                                                               
Other states  have had  zero opposition to  similar bills  and no                                                               
complaints from similar legislation.                                                                                            
                                                                                                                                
9:21:02 AM                                                                                                                    
CHAIR  MENARD  asked  if  consideration has  been  given  to  the                                                               
parents of soldiers.                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  said  other  states  have  provisions  for                                                               
siblings,  grandparents or  close  relationships. He  said he  is                                                               
trying to  limit the  impact and be  considerate of  the business                                                               
community by starting small and targeting the spouses.                                                                          
                                                                                                                                
CHAIR MENARD She said she is  sensitive to the impact that SB 278                                                               
could have on small business with only two or three employees.                                                                  
                                                                                                                                
SENATOR  FRENCH  said SB  278  would  apply  to state  of  Alaska                                                               
teachers, public employees and private  sector businesses with 20                                                               
or more employees.                                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI  said  Senator French's  interpretation  is                                                               
correct.  SB  278  applies  to   businesses  with  more  than  20                                                               
employees.                                                                                                                      
                                                                                                                                
9:23:20 AM                                                                                                                    
CHAIR  MENARD asked  if the  employer has  a mechanism  to verify                                                               
that the employee is married to the soldier.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  said he thinks verification  is appropriate                                                               
and noted  that lying about having  a spouse in the  armed forces                                                               
is grounds for termination. Some  states have provisions allowing                                                               
for documentation. He said this  type of legislation is a growing                                                               
trend  with 10  states adopting  similar legislation  since 2007.                                                               
Information  on other  state's requirements  is in  the committee                                                               
packet.                                                                                                                         
                                                                                                                                
CHAIR  MENARD asked  if other  additional states  have a  similar                                                               
bill in progress.                                                                                                               
                                                                                                                                
GEORGE ASCOTT, aide  to Senator Wielechowski, replied  that he is                                                               
not aware  of other states with  a bill in progress  now. He said                                                               
Senator Ron Wyden has sponsored a  federal bill that would do the                                                               
same thing. That bill has not  passed and Mr. Ascott is unsure of                                                               
its current status.                                                                                                             
                                                                                                                                
9:26:09 AM                                                                                                                    
SENATOR MEYER  felt that  the ability to  verify that  the spouse                                                               
truly was in a combat zone  is important. He is concerned about a                                                               
spouse leaving  his or her  job without  notice as that  could be                                                               
devastating to a  large retail store right  before Christmas, for                                                               
example, or  to a small rural  school. He asked how  other states                                                               
deal with this problem.                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI replied that  Alaska would be supporting the                                                               
troops by allowing their spouses to  have this time off. Doing so                                                               
may  cause some  hardship for  some employers.  He said  military                                                               
leave   is   unpredictable   and  addressing   the   problem   of                                                               
notification for employers is challenging.                                                                                      
                                                                                                                                
9:29:12 AM                                                                                                                    
SENATOR MEYER said  he wonders if the blow to  public and private                                                               
employers can  be lessened. He noted  that a fiscal note  was not                                                               
present and  said if a state  employee is absent for  ten days, a                                                               
cost would be incurred to fill in for that person.                                                                              
                                                                                                                                
CHAIR MENARD noted  that paying for a substitute  teacher is also                                                               
a cost.                                                                                                                         
                                                                                                                                
SENATOR  WIELECHOWSKI  said the  leave  addressed  in SB  278  is                                                               
unpaid leave. A  state employee would not get paid  for this time                                                               
off so  there could be a  positive fiscal impact to  the state. A                                                               
substitute  teacher typically  does  not get  paid anywhere  near                                                               
what a regular teacher does.                                                                                                    
                                                                                                                                
SENATOR MEYER stated that if a  state employee can be gone for 10                                                               
days and not have an impact,  then we have too many employees. If                                                               
an employee  is absent,  a temporary employee  has to  be brought                                                               
in.  He said  he would  like to  hear from  Superintendent Comeau                                                               
(Anchorage School District) about  getting substitute teachers at                                                               
the  last  minute. While  they  are  paid  less, the  quality  of                                                               
education is impacted.                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said he is open to suggestions.                                                                            
                                                                                                                                
9:31:56 AM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  the  bill drafter,  Dan  Wayne,  to                                                               
address  Senator Meyer's  question  about the  timeliness of  the                                                               
request for leave.                                                                                                              
                                                                                                                                
DAN WAYNE, Lawyer, Legislative Legal  Affairs (LLA), replied that                                                               
a  reasonable time  for giving  notice of  time off  work is  not                                                               
defined and would be subject to interpretation by the employer.                                                                 
                                                                                                                                
SENATOR KOOKESH  said a lot  of military personnel do  get notice                                                               
of  leave.  He  noted  it  is  a  two  or  three  day  trip  from                                                               
Afghanistan to the  United States. He suggested  that some notice                                                               
should   be  given   to  the   employer   if  possible;   certain                                                               
circumstances or exemptions could be drafted into SB 278.                                                                       
                                                                                                                                
CHAIR MENARD commented that 24 or 48 hours might be possible.                                                                   
                                                                                                                                
SENATOR KOOKESH said he was thinking of 24 hours of notice.                                                                     
                                                                                                                                
9:34:56 AM                                                                                                                    
SENATOR MEYER  said even  with 48 hours  of notice,  the employer                                                               
needs some way to know that  the employee's spouse is even in the                                                               
military.  He  commented that like any good  program, people will                                                               
abuse it.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  said he would  work on some  language about                                                               
verification.                                                                                                                   
                                                                                                                                
9:35:54 AM                                                                                                                    
CHAIR MENARD opened public testimony.                                                                                           
                                                                                                                                
JEFFREY MITTMAN, Executive  Director, ACLU - Alaska,  noted he is                                                               
a former infantry lieutenant of the  US Army. He said the ACLU is                                                               
concerned with  civil liberties  and constitutional  rights under                                                               
the US  and Alaska  constitutions. The ACLU  supports SB  278. He                                                               
stated that  under the Alaska  Supreme Court's ruling in  ACLU v.                                                               
Alaska,  the Supreme  Court recognized  that, because  the Alaska                                                               
constitution   forbids  same-sex   domestic  partners   from  the                                                               
opportunity  to legally  marry, it  is a  violation of  the equal                                                               
protection  clause  to  confer  benefits  by  the  government  on                                                               
legally  married  spouses and  deny  them  to same  sex  domestic                                                               
partners. The ACLU - Alaska asks  that SB 278 be amended to state                                                               
"spouses or  same-sex couples" or "spouses  and same-sex domestic                                                               
partners"  rather than  just  "spouses".  The non-partisan  urban                                                               
institute  has  estimated  65,000 lesbian,  gay  and  transgender                                                               
individuals,  many  with  families,  are serving  in  the  United                                                               
States military in both combat  and non-combat zones. Amending SB
278  in this  way would  affirm the  current realities  of combat                                                               
members and keep consistent with the Supreme Court.                                                                             
                                                                                                                                
9:38:21 AM                                                                                                                    
CHAIR MENARD asked  if the military person would  have a same-sex                                                               
partner declared.                                                                                                               
                                                                                                                                
JEFFREY MITTMAN said  that based on the current  policy of "Don't                                                               
Ask,  Don't Tell,"  requiring declaration  of a  same-sex partner                                                               
for the  military is not  possible. The non-military member  of a                                                               
partnership  would inform  their  employer that  they would  like                                                               
time off  to spend  time with their  military partner.  That does                                                               
not  require  the  partner's  identity to  be  disclosed  to  the                                                               
military and does not violate "Don't Ask, Don't Tell."                                                                          
                                                                                                                                
SENATOR KOOKESH  said even  for people  married in  statute, they                                                               
will have to prove that one is in the military.                                                                                 
                                                                                                                                
JEFFREY MITTMAN  said the issue  of documentation was  handled in                                                               
ACLU  v.  Alaska. Verification  of  domestic  partnership can  be                                                               
proved  with notarized  statement that  an ongoing,  intertwined,                                                               
emotional and  financial relationship exists. Leave  orders could                                                               
provide verification of military status.                                                                                        
                                                                                                                                
9:41:07 AM                                                                                                                    
CHAIR MENARD  asked if  SB 278  would have  a negative  effect on                                                               
small businesses hiring military spouses.                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI   said  no  detrimental  impact   has  been                                                               
experienced in other states with similar legislation.                                                                           
                                                                                                                                
MR.  ASCOTT said  the  legislators  and staff  he  spoke with  in                                                               
Oregon  and  California  reported  no  complaints  about  similar                                                               
legislation.                                                                                                                    
                                                                                                                                
SENATOR KOOKESH said a business with  19 employees is no longer a                                                               
small business  and taking one  away should not be  a disruption.                                                               
He  is comfortable  having  the  number of  employees  set at  20                                                               
before SB 278 takes effect.                                                                                                     
                                                                                                                                
MR.  WAYNE  pointed  out  that   all  leave  statutes  for  state                                                               
employees allow  the departments  to set regulations.  The burden                                                               
is  on  the employee  to  provide  information  if asked  by  the                                                               
employer.                                                                                                                       
                                                                                                                                
9:44:54 AM                                                                                                                    
STACY  BANNERMAN,  blue  star  wife of  an  Army  National  Guard                                                               
Soldier,  said  her  husband  returned  from  his  second  combat                                                               
deployment in  Iraq in the Fall  of 2009 and will  likely serve a                                                               
third  deployment.  She said  in  a  few months,  another  30,000                                                               
troops,  most  with  children  and  spouses  who  work,  will  be                                                               
deploying to Afghanistan. SB 278  would allow a working spouse to                                                               
spend time  with a loved  one on  military leave without  fear of                                                               
losing his or her job.                                                                                                          
                                                                                                                                
Family  members can  provide their  employer with  documentation,                                                               
such as  a copy of  the military spouse's orders.  Any additional                                                               
questions  or needs  of the  employer could  be addressed  by the                                                               
Family Readiness Coordinator. She  said her husband spent several                                                               
months training thousands of miles  away prior to his second tour                                                               
in Iraq.  When he had leave,  she had recently started  a new job                                                               
with no  sick leave or  vacation time  available and it  would be                                                               
more than one  year before she saw her  husband again. Supporting                                                               
the troops includes supporting military families.                                                                               
                                                                                                                                
9:48:26 AM                                                                                                                    
MS. BANNERMAN said this is the  first time in US history that the                                                               
burdens of  war have been  borne virtually exclusively  by troops                                                               
and their families during an  extended conflict. When the veteran                                                               
comes home, family support is  the single most critical factor in                                                               
successful reintegration of that veteran.  The demands of the War                                                               
on Terror and  the demographics of the 21st  century military are                                                               
very different  from the past.  Adapting to those  realities must                                                               
include expanding  support for military families.  She read three                                                               
letters from military wives about  the need for a military family                                                               
leave act:                                                                                                                      
                                                                                                                                
     …Women  have  had  to  make  the  choice  sometimes  of                                                                    
     quitting their  jobs in  order to  have that  time with                                                                    
     their husbands  and in today's economy  that is clearly                                                                    
     not the best choice for some families.                                                                                     
                                                                                                                                
     I've had  friends treated poorly  over asking  for time                                                                    
     off when their  hubbies were coming home  from 15 month                                                                    
     deployments and  friends who  subsequently had  to quit                                                                    
     their jobs  in order to get  that time that is  so well                                                                    
     deserved and much needed…                                                                                                  
                                                                                                                                
     My  husband left  in October  last year  in his  second                                                                    
     tour to Iraq. I had  to travel cross-country to see him                                                                    
     for  four days  at Fort  Dix, New  Jersey and  I almost                                                                    
     lost  my job  because of  it. I  had to  fight for  it.                                                                    
     After calling upper management  and the mayor's office,                                                                    
     they  finally  backed  off.  There's  still  a  lot  of                                                                    
     tension at work. He'll be  home this summer for his two                                                                    
     weeks  and I'm  already  fighting for  time  off as  we                                                                    
     speak. They always ensure that  they support the troops                                                                    
     and my husband but they're  sorry I can't have the time                                                                    
      off. I hope the bill passes so I don't have to worry                                                                      
      about spending time with my husband and our children                                                                      
     in the future.                                                                                                             
                                                                                                                                
MS. BANNERMAN concluded  that ten days off for one  employee is a                                                               
tiny  sacrifice  to  help  shoulder   the  burden  of  war  borne                                                               
exclusively by troops  and their families. For  some, the reality                                                               
is that their soldier will come  home in a box. Alaska's military                                                               
families deserve ten days.                                                                                                      
                                                                                                                                
9:51:44 AM                                                                                                                    
SENATOR MEYER  asked Ms.  Bannerman if she  gets notice  when her                                                               
husband is coming home.                                                                                                         
                                                                                                                                
MS. BANNERMAN  said generally speaking advanced  notice is given.                                                               
Anticipated leave  dates are usually  known two to four  weeks in                                                               
advance though last  minute changes sometimes alter  things by 48                                                               
hours or so. She noted that  the spouse's employer could be given                                                               
a copy of  the soldier's Title 10 orders for  deployment prior to                                                               
the soldier's deployment.                                                                                                       
                                                                                                                                
9:54:37 AM                                                                                                                    
She  said  military  family  members  need  to  communicate  with                                                               
employers. She  pointed out that  some incidences  render advance                                                               
notice impossible.                                                                                                              
                                                                                                                                
NIKKI NEAL, Director, Division of  Personnel and Labor Relations,                                                               
Department of  Administration, addressed Senator  Meyer's earlier                                                               
question about the cost associated  with filling in for an absent                                                               
employee for 10 days. She  said employees have unexpected periods                                                               
of leave  for many reasons. Absences  of 10 days or  less are not                                                               
commonly back-filled. Other employees  and the supervisor take on                                                               
work that is needed immediately and other work can be delayed.                                                                  
                                                                                                                                
SENATOR MEYER  asked if some  teachers are state  employees, such                                                               
as at Mt. Edgecumbe.                                                                                                            
                                                                                                                                
MS.  NEAL replied  yes and  said  substitutes are  pulled from  a                                                               
pool, for  many reasons, with  an associated cost  covered within                                                               
their budget.                                                                                                                   
                                                                                                                                
SENATOR  MEYER  said  the fiscal  note  should  be  indeterminate                                                               
because the impact is unknown.  He said a substitute teacher, for                                                               
example, has to be paid to something for 10 days of work.                                                                       
                                                                                                                                
MS.  NEAL reiterated  that paying  substitutes is  managed within                                                               
their school budgets.                                                                                                           
                                                                                                                                
CHAIR MENARD asked  if Ms. Neal thought 10 days  was a manageable                                                               
absence.                                                                                                                        
                                                                                                                                
9:58:53 AM                                                                                                                    
MS. NEAL said  10 days is reasonable. Employees  also have deaths                                                               
and unplanned  medical emergencies  in the  family. She  said she                                                               
would  not  expect  SB  278   to  create  employee  absences  too                                                               
regularly in any one department.                                                                                                
                                                                                                                                
DENNY  DEWITT,  Alaska  State Director,  National  Federation  of                                                               
Independent  Business  (NFIB), said  the  NFIB  has a  number  of                                                               
concerns  with SB  278.  Many small  employers,  such as  tourism                                                               
businesses, go  over 20 employees  at a  time when they  need all                                                               
employees on a "crash basis". He  said half of the employees of a                                                               
small business  near a military  base, such as North  Pole, might                                                               
be  military  spouses. He  pointed  out  that 4,000  troops  just                                                               
rotated  home   in  Fairbanks  and  said   4,000  spouses  taking                                                               
unnoticed  leave  could  be devastating.  Some  small  businesses                                                               
could have more  than one or two employees taking  this leave. He                                                               
said  he has  spoken  with employers  who say  they  try to  work                                                               
things  out with  their  employees,  providing opportunities  for                                                               
time off, and  keep the business running. A  small employer might                                                               
have to pay  overtime to fill vacancies the cost  of benefits for                                                               
the absent employee is still being carried.                                                                                     
                                                                                                                                
10:02:33 AM                                                                                                                   
MR. DEWITT  noted that the  penalties for not providing  time off                                                               
are  more severe  in SB  287 than  they are  in relation  to jury                                                               
duty.                                                                                                                           
                                                                                                                                
CHAIR  MENARD asked  if  he  would like  SB  287  to mirror  laws                                                               
pertaining to jury duty.                                                                                                        
                                                                                                                                
MR. DEWITT  said mirroring  jury duty  would be  more appropriate                                                               
than SB  287 is  now. He  said applying this  law to  the private                                                               
sector would be government interference.                                                                                        
                                                                                                                                
SENATOR  KOOKESH  asked  Mr.  Dewitt to  suggest  what  could  be                                                               
changed  and still  get to  the  end result  of military  spouses                                                               
getting time off while a spouse  has leave from a combat zone. He                                                               
noted  that  when 4,000  troops  return  to Fairbanks,  they  are                                                               
coming home, not coming out of combat and going right back.                                                                     
                                                                                                                                
10:05:37 AM                                                                                                                   
MR.  DEWITT replied  when his  son has  come home  from Iraq  and                                                               
Afghanistan, he comes  home on leave. Many of the  folks who come                                                               
back  are  on  leave.  As  NFIB  reads  SB  287,  returning  from                                                               
deployment on leave would be covered as well.                                                                                   
                                                                                                                                
He  said  he  has  talked  to  a  number  of  NFIB  members  with                                                               
businesses near bases who have not  reported a problem and do not                                                               
see a need for legislation to  get involved in dealing with their                                                               
employees which they  already do as best they can.  He noted that                                                               
governmental  employees, because  of the  structure of  statutes,                                                               
have more difficulty accommodating  employees on different issues                                                               
than  the  private  sector  does. In  the  private  sector,  most                                                               
employers  and  employees  know   each  other  and  work  through                                                               
problems.  Government involvement  makes  it  more difficult  for                                                               
private sector employers to deal with issues.                                                                                   
                                                                                                                                
10:08:16 AM                                                                                                                   
SENATOR KOOKESH said  it seems the NFIB will not  support SB 287.                                                               
He  pointed out  that Ms.  Bannerman's testimony  illustrated the                                                               
kinds of problems that SB 287 is trying to address.                                                                             
                                                                                                                                
MR. DEWITT  replied that he  does not  know who the  employers of                                                               
the  women  who  wrote  the   letters  were.  He  noted  one  was                                                               
apparently from Portland and said  Alaskan businesses have a very                                                               
different  relationship with  the military  than most  states. He                                                               
said another letter  read by Ms. Bannerman referred  to having to                                                               
go up  the chain to the  Mayor, which implies a  public employer.                                                               
He said  private employers  in Alaska  have been  very supportive                                                               
and want to continue to hire military spouses.                                                                                  
                                                                                                                                
SENATOR  MEYER said  SB 287  should include  some requirement  of                                                               
giving notice to  the employer if at all possible.  He also asked                                                               
how a small business is defined.                                                                                                
                                                                                                                                
MR. DEWITT  replied that the  federal notion of a  small business                                                               
is under 100  employees. However, he said  several things besides                                                               
the number of employees differentiate  large employers from small                                                               
employers and gave an example  of a hospitality operator with 225                                                               
employees who is competing against major global employers.                                                                      
                                                                                                                                
10:12:37 AM                                                                                                                   
CHAIR MENARD closed public testimony.                                                                                           
                                                                                                                                
CHAIR  MENARD  said she  felt  it  was  in the  committee's  best                                                               
interest to  hold SB  278 for  a future hearing  and get  some of                                                               
their questions fine-tuned.                                                                                                     
                                                                                                                                
10:13:08 AM                                                                                                                   
CHAIR MENARD adjourned the meeting at 10:13 a.m.                                                                                

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