Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/17/2021 02:00 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB125 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 125 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 36 | TELECONFERENCED | |
HB 125-MILITARY AND FAMILY EMPLOYMENT PREFERENCE
1:59:09 PM
CHAIR COSTELLO announced the consideration of CS FOR HOUSE BILL
NO. 125(L&C) "An Act relating to 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."
She noted that this was the first hearing.
2:00:08 PM
REPRESENTATIVE DAVID NELSON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 125, read the sponsor statement into the
record. [Original punctuation provided.]
HB 125 seeks to extend the current private sector and
state employment hiring preferences to military
spouses. In addition, seeks to extend employment
preferences to the dependent children of military
service members who died in the line of duty.
Military spouses are among the highest unemployed and
underemployed group. They are highly educated and
qualified for a range of careers but because of
frequent moves the unemployment rate among military
spouses is 24% and there is a 26% wage gap compared to
civilian counterparts.
2:00:51 PM
REPRESENTATIVE NELSON continued:
In 2019 the Blue Star Families Military Family
Lifestyle Survey found that 49% of military spouses
indicated that financial issues were the top stressor
for military families, and 48% were concerned about
employment. Of employed military spouses 75 % were
considered underemployed. HB 125 can provide some
help to reduce these concerns for military families by
providing a hiring preference.
2:01:21 PM
REPRESENTATIVE NELSON continued:
A Covid-19 Military Support Initiative created by the
Blue Star Families and the Association of Defense
Communities found that an additional 17% of military
spouses lost their jobs during the pandemic on top of
the 24% unemployment before the pandemic.
Currently 35 states and the District of Columbia
provide hiring preferences to active-duty spouses or
surviving spouses. HB 125 will add Alaska to this
growing list of states that support our military
community and honor the sacrifices these families make
in service to our country.
2:02:06 PM
SENATOR REVAK joined the meeting.
2:02:19 PM
SENATOR STEVENS asked how the bill changes what is currently in
statute to provide an advantage to military spouses.
REPRESENTATIVE NELSON replied there is a hiring preference for
military personnel in statute and HB 125 extends that preference
to military spouses and dependents.
SENATOR STEVENS expressed support for the concept and said he
looked forward to hearing from the experts.
CHAIR COSTELLO asked Verdi Bowen to answer Senator Stevens'
question about how HB 125 deviates from current statute.
2:03:51 PM
VERDIE BOWEN, Director, Office of Veterans Affairs, Department
of Military and Veterans Affairs, Anchorage, Alaska, stated that
veterans receive a point preference but that does not include
military spouses or dependents. HB 125 would fix that gap help
spouses to more readily find gainful employment. He described
the bill as a good gesture to join the other 35 states that
provide hiring preferences to active-duty spouses.
SENATOR STEVENS asked what it means to have a point preference.
MR. BOWEN explained that the points provide a hand up when a
veteran applies for a job. Veterans with a disability
automatically receive an interview.
SENATOR STEVENS asked if that is only for veterans with a
disability, and how that affects a spouse.
MR. BOWEN replied that private industry can provide a hiring
preference to a spouse but under existing statute, the state
does not extend hiring preferences to military spouses.
2:06:23 PM
SENATOR STEVENS asked if there was a reporting system for
somebody who feels they did not receive the advantage.
MR. BOWEN said private companies have veteran hiring standards
and their hiring reports would go through the human resources
offices and on to the regional offices. He offered his belief
that those companies would follow the same process for military
spouses.
2:07:25 PM
At ease
2:07:49 PM
CHAIR COSTELLO reconvened the meeting and advised that she asked
Representative Nelson's staff to walk through a sectional
analysis. She expressed particular interest in Sections 2 and 3.
2:08:12 PM
KIM SKIPPER, Staff, Representative David Nelson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for HB 125.
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.
CHAIR COSTELLO asked her to read the language on page 2, lines
17-22 that talks about the people for whom private industry may
provide a hiring preference. She said she reads the bill to
include a spouse or dependent child of an active-duty military
member in addition to a spouse or dependent child of a deceased
military member.
MS. SKIPPER suggested the drafter could also provide
clarification. She offered her understanding that the House
Labor and Commerce Committee amended the bill to include a
preference for a surviving child of a Gold Star member. A hiring
preference for the spouse of an active duty or deceased member
of the military was included in both versions of the bill.
2:10:07 PM
CHAIR COSTELLO read the language on page 2, paragraph (2), lines
23-24, and noted that paragraph (1) is the list of military
service entities. Paragraph (2) read as follows:
(2) the spouse or dependent child of a person
described in (1) of this subsection; and
MS. SKIPPER recognized that she was speaking to the wrong
version of the bill.
2:10:27 PM
At ease
2:11:34 PM
CHAIR COSTELLO reconvened the meeting and asked Ms. Skipper to
proceed.
MS. SKIPPER interpreted the changes made in the House Labor and
Commerce Committee as eliminating a private industry hiring
preference for a dependent child of a member killed in the line
of duty.
CHAIR COSTELLO pointed out that the language in paragraph (2) on
page 2, lines 23-24 says, "or dependent child." She asked if the
drafter was available.
SENATOR STEVENS asked the reason for the changes in the House
Labor and Commerce Committee.
2:12:58 PM
REPRESENTATIVE NELSON explained that the House Labor and
Commerce Committee narrowed the focus to members of Gold Star
Families.
2:13:28 PM
SENATOR STEVENS asked if that change was a good idea.
REPRESENTATIVE NELSON answered that he wanted to see the bill
pass and he believes it was meaningful to maintain the Gold Star
Family section.
2:14:05 PM
CHAIR COSTELLO pointed out that the change on page 6 removed the
hiring preference for state employment but on page 2, the hiring
preference for a dependent child was maintained for private
employment. She questioned whether that was the intention.
2:14:37 PM
MS. SKIPPER advised that the preference in private sector
employment is optional whereas the preference for state
employment is mandatory. She offered her view that the previous
committee wanted to limit the preference for state employment to
just dependents of Gold Star Families.
CHAIR COSTELLO recapped that the language on page 2 provides
that the private employer may grant a hiring preference to
active and former military members and the spouse or dependent
child of those individuals.
MS. SKIPPER agreed.
2:15:21 PM
SENATOR REVAK said the narrow definition of "dependent child" on
pages 2 and 3 gives him comfort. The definition read as follows:
(b) In this section, "dependent child" means a
natural child, stepchild, or adopted child who is
(1) permanently disabled; or
(2) under
(A) 19 years of age; or
(B) 23 years of age and registered at
and attending on a full time basis an accredited
educational or technical institution recognized by the
Department of Education and Early Development.
CHAIR COSTELLO invited Kate Sheehan to add to the discussion.
2:16:32 PM
KATE SHEEHAN, Director, Division of Personnel and Labor
Relations, Department of Administration, Juneau, Alaska, advised
that the existing state policy is to offer an interview to every
5-point and 10-point veteran. If the bill were to pass, a
qualified dependent or spouse would receive the same
consideration.
2:17:07 PM
CHAIR COSTELLO pointed to the language on page 6 that says,
"points equal to five percent of the points available ... shall
be added ..." She asked Ms. Sheehan if she was saying the
preference would be to offer an interview to the spouse.
2:17:21 PM
MS. SHEEHAN answered that the state generally does not use the
old rating system any longer. The current policy requires that
every 10-point veteran who meets the minimum qualifications
advance to the interview stage. However, the division currently
offers an interview to both 5-point and 10-point veterans.
Applications from a dependent or a spouse receive a more in
depth review, but the current policy is to allow the interview
if the applicant meets the minimum qualifications.
CHAIR COSTELLO asked if that was in regulation.
MS. SHEEHAN replied an interview is required for a 10-point
veteran who meets the minimum qualifications but the division's
policy is to offer an interview to qualified 5-point veterans as
well.
CHAIR COSTELLO asked if that was in regulation.
MS. SHEEHAN said yes.
2:18:37 PM
SENATOR STEVENS asked for further explanation of the 5-point and
10-point preference. He also asked how many points were in the
system.
MS. SHEEHAN acknowledged that the language was confusing because
it refers to a rating system that is no longer used. She
reiterated that under current statute, a 10-point veteran who
meets minimum qualifications will receive an interview. Since
she has been the director, she has had the policy that a
qualified 5-point veteran also receives an interview. Should HB
125 pass, dependents and spouses would receive the preference
too.
CHAIR COSTELLO asked if it presents a problem to have the
statute refer to a point system that is not used.
MS. SHEEHAN answered that it did not present a problem.
CHAIR COSTELLO asked Tammie Perrault to provide her testimony.
2:20:54 PM
TAMMIE PERRAULT, Northwest Regional Liaison, Defense-State
Liaison Office, U.S. Department of Defense, Olympia, Washington,
Joint Base Lewis McCord, Washington, stated support for HB 125
to expand the protection of private sector employment
preferences and to establish state employment preferences to
spouses, dependents, and surviving spouses. She said the mission
of her office is to be a resource for state policy makers.
2:21:28 PM
MS. PERRAULT referenced a February 2020 letter to Governor
Dunleavy in which the undersecretary of defense for personnel
and readiness highlighted the need to support military spouses.
She read the following excerpt:
Military spouse employment and the associated financial and
personal wellbeing is an important component of retention of
service members. More than half of all active-duty military
personnel are married, and 88 percent of employed military
spouses indicate they wanted, or needed, to work. Not only are
military spouses highly influential in general, regarding
their service members' decision to remain in service, but
over 28 percent of service members reported that their
decision to leave the military would largely or moderately be
affected by their spouses' career prospects.
MS. PERRAULT highlighted that Alaska has approximately 8,000
active-duty military and 3,250 National Guard Reserve spouses so
they are an important part of the workforce. She noted that this
group is also among the highest unemployed, and underemployed
group in the nation. These spouses report significant challenges
obtaining employment due to frequent moves, which adds stress to
family finances.
MS. PERRAULT stated that the U.S. Department of Defense supports
the policy in HB 125 and asks the committee to forward the
legislation.
2:23:10 PM
SENATOR STEVENS said he agrees with supporting military spouses,
but wonders about the statutory reference to a point system that
is no longer used. He asked if it was common in other states to
use a point system.
MS. PERRAULT replied that the use of a point system in prevalent
nationwide, but there is significant variability in practice
among the 35 states that have passed this type of legislation.
2:24:15 PM
CHAIR COSTELLO asked the drafter to explain the difference
between the hiring preferences for dependent children in Section
2 on page 2 and in Section 4 on page 6. She also asked how these
provisions deviate from current statute.
2:25:14 PM
DAN WAYNE, Legal Counsel, Legislative Legal Services,
Legislative Affairs Agency, Alaska State Legislature, Juneau,
Alaska, advised that the "may" in Section 2 and the "shall" in
Section 4 is an important factor. He said the language in the
two sections regarding the benefits for dependent children was
more similar before the bill was amended. He believes that for
policy reasons, the members in the previous committee felt it
was important to narrow the scope of the benefit for dependent
children in Section 4 to just the dependent children of Gold
Star members.
CHAIR COSTELLO observed that for both work in the private sector
and state employment, the definition of "dependent child" is
somebody who is under 19 years of age or 23 years of age if they
are registered and attending an accredited educational
institution on a full-time basis.
MR. WAYNE agreed that both definitions of "dependent child" have
the two ages. He advised that in statutes relating to a benefit,
it is common to extend the qualifying age beyond age 19 if the
dependent is attending an accredited school full time. He said
he could not comment on the policy reasons for the ages.
CHAIR COSTELLO said she assumes the rationale was to allow those
who have chosen to go to college to still receive the
preference.
MR. WAYNE said that perhaps the assumption is that the parents
in the military will be providing support while the child is in
in college.
2:29:59 PM
CHAIR COSTELLO opened public testimony on HB 125; finding none,
she closed public testimony. She asked the sponsor if he had any
closing comments related to the discussion.
REPRESENTATIVE NELSON advised that a representative from NCSL
was available to talk about the hiring benefit the other 35
states provide on a point basis. He noted that the information
was also in the packets. He reiterated that the bill provides an
option for private employers to extend this benefit; it is not
mandatory.
2:31:35 PM
CHAIR COSTELLO held HB 125 in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 125 Sectional Analysis Version B 4.23.21.pdf |
SL&C 5/17/2021 2:00:00 PM |
HB 125 |
| HB 36 Additional Letters of Support 5.17.21.pdf |
SL&C 5/17/2021 2:00:00 PM |
HB 36 |
| HB 36 Amendment B.2.pdf |
SL&C 5/17/2021 2:00:00 PM |
HB 36 |