Legislature(2019 - 2020)BARNES 124
05/10/2019 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB127 | |
| HB93 | |
| HB113 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 103 | TELECONFERENCED | |
| += | HB 127 | TELECONFERENCED | |
| + | HB 93 | TELECONFERENCED | |
| + | HB 113 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 113-MILITARY FAMILY EMPLOYMENT PREFERENCE
4:06:28 PM
CHAIR WOOL announced that the final order of business would be
CS FOR HOUSE BILL NO. 113(MLV), "An Act relating to private
sector and state employment preferences for active service
members, veterans, and spouses and dependent children of active
service members and veterans; relating to employment preferences
for surviving spouses of deceased service members and veterans;
and relating to employment preferences for disabled veterans and
former prisoners of war."
4:06:55 PM
REPRESENTATIVE SHARON JACKSON, Alaska State Legislature, as
prime sponsor, introduced HB 113. She paraphrased the sponsor
statement [included in the committee packet], which read in its
entirety as follows [original punctuation provided]:
The purpose of House Bill 113 is to extend current
hiring preferences to military spouses and dependent
children in the State of Alaska and the private
sector.
Military families fall into two categories: Blue Star
or Gold Star Families. Blue Star families are military
spouses and dependents of active service members and
veterans. Gold Star families are spouses and children
of a deceased service members who died while in active
duty.
A recent report from the Department of Defense found
that a quarter of military spouses are unemployed or
underemployed. There are several efforts being done in
all 50 states, but Alaska is one of the few states
that do not extend employment preferences to military
spouses. There are roughly 151,881 military spouses
and dependents in Alaska according to the Alaska
Department of Military & Veteran Affairs.
This is a small but significant way to honor our
service members and their families, who often fall
between the cracks while also making a sacrifice to
serve their country.
4:10:21 PM
ERIC CORDERO, Staff, Representative Jackson, Alaska State
Legislature, presented the changes made to CSHB 113 (MLV) on
behalf of Representative Jackson, prime sponsor. It was
clarified that active duty service members, as well as their
spouses and dependents qualify for hiring preferences.
Stepchildren were also added to the definition of dependents.
The CS added definitions to the State Personnel Act in section 3
for consistency and removed redundant language in other
sections. He continued by explaining that another change was
adding the words "disabled veteran" to section 4 for consistency
with federal definitions. The CS also clarified that HB 113
should not be interpreted to amend the terms of a collective
bargaining agreement.
4:11:48 PM
MR. CORDERO turned attention to the sectional analysis [included
in the committee packet] and read the following [original
punctuation provided]:
Section 1. AS 18.80.200(c)
This section does not prohibit a private employer from
having hiring preferences for persons described in
Section 2 of this bill.
Section 2. AS 23.88.010
This section repeals and reenacts the current statute
by adding definitions removed from Section 1 for
clarity. This section does not prohibit a private
employer from having hiring preferences to active-
military, veterans and families. This section adds
language to include spouses and dependent children of
deceased service members to the list.
4:12:36 PM
REPRESENTATIVE FIELDS sought clarification on the meaning of
"preference."
REPRESENTATIVE JACKSON explained that some businesses use a
point system for hiring and this bill gives preference to
veterans during that process with the addition of 5-10 points.
MR. CORDERO added that the State of Alaska uses different tools
to make hiring decisions. When there is a numerical tool being
used, veterans and members of the national guard will
automatically get 10 points once they pass the minimum
requirements to qualify for that position. If a numerical tool
is not being used, the benefit is that they will automatically
be selected for an interview.
4:15:11 PM
MR. CORDERO continued with the sectional analysis and read the
following:
Section 3. AS 39.25.150(19)
This section amends the State Personnel Act to
reference definitions as stated in Section 4 for
consistency.
Section 4. AS 39.25.159(a)
This section amends the employment preference for
veterans or former prisoners of war by adding new
language to include families of an active-duty service
member, veteran, or former prisoner of war. This
section clarifies the type of preference given the
hiring process and whether the applicant is disabled
or not. Subsection (B) is removed for consistency
Section 5. AS 39.25.159(d)
This section clarifies that a person may receive an
employment preference under only one of the categories
described in sections 3 and 4. A person may use the
preference without limitation when being considered
for a position for which persons who are not currently
state employees are being considered. If the
recruitment for a position is limited to state
employees, preference under (a) or (c) of this section
may not be counted. This section adds language to
include spouses or dependent children for consistency
with other sections.
Section 6 AS 39.25.159 (e)
This section clarifies that this bill does not involve
interpreting amendments of a collective bargaining
agreement and makes a reference to subsection (a) of
Section 4.
Section 7 AS 39.25.159(f)
This section defines a dependent child.
Section 8 AS 39.25.159(c)
This section removes language that has been included
in Section 4 of this bill.
4:17:24 PM
REPRESENTATIVE HANNAN sought clarification on the preference for
a surviving spouse. She asked when that benefit is given and
how long it lasts.
MR. CORDERO offered his understanding that currently there is no
limit to how long that benefit lasts.
4:20:36 PM
TERRE GALES, Director, Division of Labor Standards and Safety,
Department of Labor & Workforce Development, asked for the
question to be repeated.
REPRESENTATIVE HANNAN repeated her previous question, asking
when preference for a surviving spouse is given and how long
they receive it for.
MR. GALES said it appears to be permanent.
4:22:00 PM
REPRESENTATIVE REVAK questioned whether the Department of
Military & Veterans' Affairs (DMVA) has a position on this bill
and asked about the unemployment rate in the veteran community.
4:22:26 PM
VERDIE BOWEN, Director of Veterans Affairs, Office of Veterans
Affairs, Department of Military & Veterans' Affairs, said the
DMVA is in full support of this bill. He added that the
unemployment rate for veterans in this state is the same as non-
veterans. He noted that the unemployment rate for active duty
military spouses is generally much higher than spouses of those
that do not serve.
4:23:05 PM
REPRESENTATIVE FIELDS asked if the nature of preference for
state employment is typically put into place with statute or
regulation.
REPRESENTATIVE JACKSON said currently, it is in statute.
MR. CORDERO noted that it is put into place with statute in
other states as well.
4:26:59 PM
REPRESENTATIVE STORY pointed out that when she was checking on
military preference and points for a Senate bill, the division
of personnel said they do not currently use preference points.
She asked if that is true and questioned whether this bill adds
a point system.
REPRESENTATIVE JACKSON said the federal government has
preference points and the intent of this bill is to implement a
point system for the state of Alaska.
CHAIR WOOL sought clarification on the conditions under which a
dependent or spouse qualifies for benefits. He asked if the
benefits only become available when the veteran is deceased.
MR. CORDERO answered yes, if he or she died while in service.
According to the bill, he said, if the spouse is disabled the
percentage would be higher. He added if the tool being used is
numerical versus nonnumerical, the nonnumerical benefit is
getting an interview.
MR. CORDERO, responding to a follow-up question from
representative Wool, explained that according to current
statute, the hiring benefit for nonnumerical tools is the
assurance of an interview if the veteran applicant meets the
minimum qualifications.
CHAIR WOOL surmised that hiring preferences are required by the
state.
MR. CORDERO said correct, adding that hiring preferences are
optional to the private sector.
4:29:32 PM
MR. GALES acknowledged that the top qualified applicant will be
selected for an interview; however, a veteran will be selected
for an interview as long as they reach the minimum
qualifications. He noted that if a spouse remarries after their
partner dies in service, he or she will cease to receive
preference from the federal government.
CHAIR WOOL asked if the process is the same for dependents.
MR. GALES said yes, adding that once an adult is married, they
lose those benefits.
CHAIR WOOL questioned whether there was an age cut-off for
dependents as well.
4:30:49 PM
REPRESENTATIVE JACKSON answered 23 years old.
4:32:25 PM
REPRESENTATIVE STORY mentioned that her research on veterans has
shown that not having employment is one of the biggest hurdles a
family can face.
4:33:36 PM
CHAIR WOOL announced HB 113 was held over.