03/16/2017 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: Alaska Police Standards Council | |
| HB3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 16, 2017
3:31 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator David Wilson
Senator Cathy Giessel
Senator John Coghill
Senator Dennis Egan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Police Standards Council
Luis Nieves
Ronda Wallace
- CONFIRMATIONS ADVANCED
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(MLV)
"An Act relating to the employment rights of employees in the
state who are members of the National Guard of another state,
territory, or district of the United States."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 3
SHORT TITLE: NATL GUARD LEAVE/REEMPLOYMENT RIGHTS
SPONSOR(s): REPRESENTATIVE(s) TUCK
01/18/17 (H) PREFILE RELEASED 1/9/17
01/18/17 (H) READ THE FIRST TIME - REFERRALS
01/18/17 (H) MLV, STA
01/26/17 (H) MLV AT 1:30 PM GRUENBERG 120
01/26/17 (H) Heard & Held
01/26/17 (H) MINUTE(MLV)
02/02/17 (H) MLV AT 1:30 PM GRUENBERG 120
02/02/17 (H) Moved CSHB 3(MLV) Out of Committee
02/02/17 (H) MINUTE(MLV)
02/03/17 (H) MLV RPT CS(MLV) 7DP
02/03/17 (H) DP: LEDOUX, SPOHNHOLZ, PARISH,
RAUSCHER, SADDLER, REINBOLD, TUCK
02/14/17 (H) STA AT 3:00 PM GRUENBERG 120
02/14/17 (H) Heard & Held
02/14/17 (H) MINUTE(STA)
02/16/17 (H) STA AT 3:00 PM GRUENBERG 120
02/16/17 (H) Moved CSHB 3(MLV) Out of Committee
02/16/17 (H) MINUTE(STA)
02/17/17 (H) STA RPT CS(MLV) 6DP
02/17/17 (H) DP: JOHNSON, WOOL, KNOPP, BIRCH,
JOSEPHSON, KREISS-TOMKINS
02/20/17 (H) TRANSMITTED TO (S)
02/20/17 (H) VERSION: CSHB 3(MLV)
02/22/17 (S) READ THE FIRST TIME - REFERRALS
02/22/17 (S) STA
03/16/17 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
Sergeant LUIS NIEVES, Appointee
Alaska Police Standards Council
Department of Public Safety
Dillingham, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
Chief of Police RONDA WALLACE, Appointee
Alaska Police Standards Council
Department of Public Safety
Kodiak, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided an overview of HB 3.
ROBERT DOEHL, Deputy Commissioner
Alaska Department of Military and Veterans' Affairs
JBER, Alaska
POSITION STATEMENT: Answered questions regarding HB 3.
MARK SAN SOUCI, Regional Legislative Liaison
Military Community and Family Policy
United States Department of Defense
Lakewood, Washington
POSITION STATEMENT: Testified in support of HB 3.
ACTION NARRATIVE
3:31:01 PM
CHAIR MIKE DUNLEAVY called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Giessel, Wilson, Coghill, Egan, and Chair
Dunleavy.
^Confirmation Hearing: Alaska Police Standards Council
CONFIRMATION HEARINGS
Alaska Police Standards Council
3:31:47 PM
CHAIR DUNLEAVY announced that the committee would hear from the
governor's appointees for the Alaska Police Standards Council.
He explained that the council's mission is to produce and
maintain a highly trained and positively motivated professional,
capable of meeting contemporary law enforcement standards of
performance.
3:32:30 PM
LUIS NIEVES, Sergeant and Appointee, Alaska Police Standards
Council, Dillingham, Alaska, provided the committee his
background information as follows:
· Originally from Queens, New York.
· Worked military and federal law enforcement in Alaska via
the U.S. Coast Guard.
· Lived in Alaska since 2004.
· Started with the Alaska State Troopers in 2006 to present.
· Served the State of Alaska as a member of the Maritime
Safety Security team in Anchorage for the U.S. Coast Guard
which provided maritime infrastructure protection.
· Served in the following communities for the Alaska State
Troopers:
o Mat-Su Valley as a member of patrol, DUI enforcement
team, child abuse investigator, and crisis negotiator.
o Kotzebue and the Northwest Arctic Borough as an
oversite trooper for the Village of Selawik and other
villages in the region.
o Anchorage as a recruiter for the Department of Public
Safety and supervised court security and prisoner
movement for Anchorage Judicial Services.
o Currently serves in Bristol Bay as law enforcement
supervisor in addition to search and rescue for the
Bristol Bay region and the Aleutian chain.
· Served on the Alaska Police Standards Council since 2013 as
both chairman and vice chairman.
SERGEANT NIEVES asserted that the Alaska Police Standards
Council acts as the law enforcement conscious for the State of
Alaska. He set forth that the Alaska Police Standards Council
promotes professionalism, and promotes the best law enforcement
training and standards in the nation. He said he looks forward
to hopefully receiving the committee's recommendation for
further retention on the Alaska Police Standards Council.
3:35:58 PM
CHAIR DUNLEAVY noted that Sergeant Nieves was first appointed to
the Alaska Police Standards Council on June 1, 2013; reappointed
on March 1, 2017; term expires on March 1, 2021. He added that
Sergeant Nieves currently serves as the vice chairman for the
Alaska Police Standards Council.
SENATOR COGHILL asked if Sergeant Nieves had recommendations to
improve law enforcement training.
SERGEANT NIEVES replied that training was currently done very
well. He said what is really needed is improved law enforcement
promotion within the state to encourage young kids to apply to
be law enforcement officers in Alaska.
SENATOR COGHILL noted that Sergeant Nieves is an example of a
person with a military background that has come into Alaska's
forces. He asked if recruiting military personnel for Alaska's
law enforcement is still a part of the state's recruiting.
SERGEANT NIEVES replied that from an Alaska State Troopers'
point of view, troopers are required to move around the state
and military personnel and their families are accustomed to a
lot of moving.
3:40:10 PM
SENATOR COGHILL addressed law enforcement families and asked if
family problems come before the council.
SERGEANT NIEVES replied that family issues are typically at the
departmental level and their employers.
CHAIR DUNLEAVY announced that the committee would address the
next appointee. He detailed that Ronda Wallace was the chief of
police for Kodiak. He explained that Chief Wallace was appointed
to the Alaska Police Standards Council on May 31, 2016 with the
appointment expiring on March 1, 2019.
3:42:16 PM
RONDA WALLACE, Chief of Police and Appointee, Alaska Police
Standards Council, Kodiak, Alaska, detailed that she has been in
law enforcement for 18-1/2 years, the entire time in Kodiak. She
stated that she strongly believed in the "law enforcement
mission" by which:
You cannot have law without law enforcement and you
cannot have law enforcement officers without the laws
to guide them; the State of Alaska has in place those
regulations which govern the conduct and the training
of those who enforce our laws being police officers,
probation and parole officers, and correctional
officers, and we all must be held to the highest of
those standards.
She set forth that if confirmed by the Senate State Affairs
committee that she would provide advice, oversight and direction
for the executive director on issues brought before the council.
She emphasized that she takes cases of misconduct very
seriously, especially where an employer has requested
decertification where a violation has been so egregious that
decertification is warranted. She said if confirmed, she would
be honored to serve alongside the council's 12 other members to
serve the citizens of Alaska.
3:44:35 PM
SENATOR WILSON asked what year she started as the chief of
police for Kodiak.
CHIEF WALLACE answered that she started in 2013 as the police
chief.
SENATOR GIESSEL noted that the commission meets twice a year and
asked how many meetings Chief Wallace has attended.
CHIEF WALLACE answered that she has attended one telephonic
hearing and one in-person hearing.
SENATOR GIESSEL asked to confirm that Chief Wallace has a sense
for the responsibilities and the work required for the council.
CHIEF WALLACE answered yes.
3:45:34 PM
CHAIR DUNLEAVY opened public testimony.
3:45:48 PM
CHAIR DUNLEAVY closed public testimony.
SENATOR GIESSEL thanked Sergeant Nieves and Chief Wallace for
their law enforcement service in Alaska.
CHAIR DUNLEAVY read the following statement regarding committee
appointment recommendations:
In accordance with AS 39.05.080, the Senate State
Affairs Committee reviewed the following and
recommends the appointments be forwarded to a joint
session for consideration: Sergeant Luis Nieves and
Chief Ronda Wallace for the Police Standards Council.
This does not reflect an intent by any of the members
to vote for or against the confirmation of the
individual during any further sessions.
3:46:47 PM
At ease.
HB 3-NATIONAL GUARD LEAVE/REEMPLOYMENT RIGHTS
3:50:11 PM
CHAIR DUNLEAVY called the committee back to order. He announced
the consideration of HB 3. [CSHB 3(MLV) was before the
committee.]
3:50:34 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, Juneau, Alaska, introduced HB 3 speaking to the
following sponsor statement:
House Bill 3 seeks to correct a deficiency in
employment protections for Alaskans who are serving in
the National Guard. This is a nationwide effort by the
Department of Defense to ensure those who serve their
nation for all 50 states when called to duty -
regardless of their service location - will have
reemployment rights to their Alaskan civilian job
after completing the various critical duties when
called by a governor for state active duty.
The National Guard is a hybrid state-federal entity.
While National Guard members are subject to federal
call to duty by the President of the United States,
they can also be called up for state active duty by
the Governor to respond to state emergencies such as
fires, tornadoes and floods.
The federal law Uniformed Services Employment and
Reemployment Rights Act (USERRA) protects members of
the Army or Air National Guard when they are called
away from their civilian jobs for federal service.
However, USERRA does not apply when a National Guard
member must leave their job for state active duty. If
National Guard members are to have reemployment rights
after state active duty, it must be through state law.
Alaska currently has a law that applies to employment
protections to the public and private employees.
However, it is explicitly limited to members of the
Alaska Army or Air National Guard. There are several
Alaskan residents who serve in the National Guard of
another state. These Alaskans currently do not have
the reemployment protections for their employment.
By passing House Bill 3, we will extend the employment
protections to Alaskans who are serving in any
National Guard. The Department of Defense has
identified this legislation as a key quality of life
issue and is actively seeking to make this policy
change across the nation. So far, 29 other states have
passed similar legislation and 5 other states are
taking it up this session.
Please join me in supporting House Bill 3 by making
this important change to protect those who are
honorably serving our nation.
MS. KLOSTER detailed that 33 Alaskans currently serve in other
National Guard units. She noted that the number of Alaskans
serving elsewhere is a self-reported number so there could be
more. She reiterated that the bill ensures individuals have the
same reemployment rights if they are called to service. She
noted that some of the reasons that individuals belong to
another National Guard includes education and training
opportunities in the Lower 48.
3:52:36 PM
SENATOR COGHILL asked her to confirm that the bill requires an
individual to be a resident of Alaska.
MS. KLOSTER answered it does.
SENATOR COGHILL asked that Ms. Kloster specify the residency
requirements. He disclosed that his son-in-law went to
Mississippi in the Air National Guard under another unit for a
year, but retained his job in Alaska because he was deployed for
training outside of Alaska. He asked if his son-in-law would
have qualified under the state's present statute or under the
legislation proposed in HB 3.
MS. KLOSTER asked if Senator Coghill's son-in-law was an Alaskan
resident serving in another National Guard in the Lower 48.
SENATOR COGHILL answered yes. He detailed that his son-in-law
was lent for training purposes that benefited the Alaska Air
National Guard. He noted that he did not know if either the
current statute or his son-in-law's employer assured
reemployment.
3:54:13 PM
MS. KLOSTER answered that the scenario Senator Coghill described
would be covered under the proposed legislation. She noted that
she did not know of any circumstances where employers have said
"No, you cannot have your job back." She opined that Alaska has
been very friendly to the state's service members who are
serving. She specified that HB 3 is an important step to cover
those in case of certain circumstances rather than presenting a
bill because reemployment did not happen for someone that was
called to duty.
SENATOR COGHILL asked what would occur if an Alaskan resident
takes a fulltime job with the National Guard in another state.
MS. KLOSTER answered that the individual would have to be an
Alaskan resident. She noted that a provision was added to the
bill that protected businesses if circumstances change where an
individual's position no longer exists due to downsizing, etc.
She pointed out that in most cases the time away for National
Guard members is not for extended periods of time.
SENATOR COGHILL asked Mr. Doehl to address his concern on the
Legislature mandating that somebody hold a job, explain the
deployment process, and if the bill applies to those that take a
fulltime position with the National Guard in another state or to
those that retain their residency when deployed to another
state.
3:57:50 PM
ROBERT DOEHL, Deputy Commissioner, Alaska Department of Military
and Veterans' Affairs (DMVA), JBER, Alaska, noted that there are
various types of duty status.
He detailed that Title 10 of the United States Code addresses
overseas guardsman deployment to do things that are necessary to
defend the nation.
He explained that Title 32 of the United States Code addresses
guardsman training, either federal or state status. He specified
that federal-status training would be protected under USERRA. He
noted that a guardsman put into state-active duty for another
state guard is conceivable, but DMVA has never heard of it.
He said where state-active duty is used primarily is when a
guardsman is answering a call of the governor for natural
disasters where tours are 72 hours or less.
He noted that under federal law, not related to HB 3, there is a
total time limit of five years where a guardsman can be away
from a job and still have reemployment. He added that DMVA is
not aware of state-active duty ever running out as far as five
years.
SENATOR COGHILL asked Mr. Doehl to address someone serving
fulltime in another guard unit in another state and if the
individual could still try to claim residency in Alaska.
4:00:26 PM
MR. DOEHL answered that for someone working fulltime in the
National Guard of another state, the individual would be working
under Title 32 of the United States Code. He added that the
individual would be under the federal protection to the extent
that they exist. He noted that HB 3 will not impact the scenario
he previously described.
SENATOR WILSON asked that Mr. Doehl address the use of the
phrase "active state service" in the bill on page 2, lines 2 and
5.
MR. DOEHL replied that "active state service" or the term used
by the National Guard, "state active duty," would only apply to
specific-duty status for performing duties that typically
entails the role of disaster response.
SENATOR WILSON responded that he understood Mr. Doehl's
inference, but noted that on page 1, line 12 the bill says, "Or
active National Guard service under the law of another state;"
however, on page 2, line 2 the phrase, "Or National Guard
service in another state" is used without the use of the word
"active."
MS. KLOSTER replied that the sentence on page 2, line 2 states
that, "A result of 'active state service' or 'National Guard'
service in another state." She explained that when she had
talked to the bill's drafters, they said "active" would cover
both the "active state service" and the next line that notes,
"National Guard." She said she would double check with the
drafters to address Senator Wilson's question.
CHAIR DUNLEAVY welcomed invited testimony for HB 3.
4:02:41 PM
MARK SAN SOUCI, Regional Legislative Liaison, Military Community
and Family Policy, United States Department of Defense,
Lakewood, Washington, testified in support of HB 3. He
summarized that HB 3 is about protecting those people in private
employment who get called for things like forest fires and have
a private employer who wants to fire them. He said 29 states
have passed legislation like HB 3 and 5 other states are
considering the legislation.
4:05:23 PM
CHAIR DUNLEAVY held HB 3 in committee.
4:05:50 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate State Affairs Committee at
4:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 3 Fiscal Note DOLWD-WHA 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3 Fiscal Note MVA-COM 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3 Memo of Changes 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3 Sponsor Statement 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3 Supporting Document-Dept of Defense One Pager 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3 Supporting Document-Letter Dept of Defense 2.23.17.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |
| HB 3, Version D.pdf |
SSTA 3/16/2017 3:30:00 PM |
HB 3 |