Legislature(2009 - 2010)CAPITOL 106
03/03/2010 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB350 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 350 | TELECONFERENCED | |
| *+ | HB 285 | TELECONFERENCED | |
| *+ | HB 347 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 347-LEAVE FOR MILITARY SPOUSES
8:04:50 AM
CHAIR SEATON announced the first order of business would be
HOUSE BILL NO. 347, "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."
8:05:49 AM
PEDER TERLAND, Intern, Representative Pete Petersen, Alaska
State Legislature, introduced HB 347, paraphrasing from a
prepared statement that read as follows [original punctuation
provided]:
The leave a solider has from a combat zone is sacred.
This time with their family is in some cases the last
time they may see them.
Although HB347 is six pages long it is really a simple
concept.
This law will apply to school districts, state and
local governments, and private sector employers with
20 or more employees. It will allow the employees to
take up to 10 days of unpaid leave to spend time with
their spouses before they return to combat.
Combat Zones are:
Arabian Peninsula Areas including the Persian Gulf;
Kosovo; Afghanistan.
While The Federal Family & Medical Leave Act already
grants up to 12 weeks of job protected leave for
military family members in many situations, including
times of R&R, it is restricted to members of the Guard
and Reserves. It does not apply to members of the
regular Armed Forces. This is an inequity that exists
that needs to be corrected.
We have heard of opposition to this bill and that it
would place undue hardships on employers. In response
we have prepared some amendments for future
consideration.
There are ten other states that have enacted similar
legislation.
The bill has a zero fiscal note.
8:08:45 AM
CHAIR SEATON restated HB 347 provides leave for military
spouses. He asked for the subject matter of the amendments.
8:09:11 AM
MR. TERLAND explained the first and third amendments offer two
versions of proposed language that requires 48 hours of advance
notice for a leave request. The second amendment offers an
exemption from HB 347 for school districts with 20 or fewer
employees.
8:10:03 AM
CHAIR SEATON noted these points were raised by small school
districts concerned about arranging for substitutes without
advance notice, and that substitutes may not be available at
all.
8:11:20 AM
REPRESENTATIVE PETE PETERSEN, Alaska State Legislature, informed
the committee similar legislation was enacted in other states to
provide a benefit for active military equal to what is available
through federal legislation to families of members of the
National Guard and Reservists.
8:12:45 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), stated the ACLU of Alaska, in
order to fully support HB 347, requests the committee consider
an amendment. He pointed out that although the state restricts
the marriage of same-sex partners, the state constitution
recognizes and grants equal employment and benefits to same-sex
partners. Based on legal standing, Mr. Mittman urged the
legislature to include same-sex partners in the provisions of HB
347. He opined without the inclusion of same-sex partners,
passage of the bill would lead to legal challenges.
8:15:26 AM
CHAIR SEATON asked whether the current "don't ask, don't tell"
policy would "put a person in the military at risk" when
applying for the benefits provided by HB 347.
8:15:58 AM
MR. MITTMAN advised the aforementioned military policy may be
overturned soon; nevertheless, this legislation affects the
civilian family member, and the "don't ask, don't tell" policy
would not apply. He provided an example of a violation, and
said, "We don't anticipate that any but the most negative or
unpatriotic employers would take that step."
8:17:44 AM
RIC DAVIDGE, Chairman, Alaska Veterans Foundation; State Council
President, Vietnam Veterans of America in Alaska; Chairman,
Municipal Commission on Military and Veterans' Affairs, observed
that Americans want to help, and are willing to make sacrifices
in support of members of the military engaged in the present
war. He noted that immediate leave may be needed in the case of
a wounded military member, and expressed concern about the
amendment that will require 48 hours notice. Mr. Davidge
provided an example of how leave affects family members and
espoused on HB 347 as a means for the state to show support of
troops that is beyond "ribbons on trees and ... stickers on our
car." He also spoke in support of the amendment requested by
ACLU of Alaska.
CHAIR SEATON stated his understanding that Mr. Davidge supports
the amendment requiring 48 hours notice if the amendment is
conditioned on certain circumstances.
MR. DAVIDGE replied yes.
8:22:12 AM
STACY BANNERMAN informed the committee she is an Army National
Guard Blue Star Wife whose husband served two combat tours of
duty in Iraq with honors. She also is the author of When the
War Came Home: The Inside Story of Reservists and the Families
They Leave Behind, the founder/director of Sanctuary Weekends
for Women Veterans and Camp Howdy for Military Kids, and is a
recipient of the 2009 Patriotic Employer Award from the National
Guard Commission for the Employer Support of the Guard &
Reserve. Ms. Bannerman expressed her support for HB 347,
paraphrasing from a prepared statement, which read as follows
[original punctuation provided]:
Thank you to the Committee for considering this
important bill to support the families of the troops
who are serving or will serve in the war on terror,
and other combat deployments. In a few short months,
another 30,000 troops will be deploying for
Afghanistan - again. The majority of those troops are
married with children; most of the spouses left behind
work outside the home. Many of us have to choose
between work and family when our loved one deploys.
It's an impossible choice, and one that military
families should never be asked to make when America is
at war.
My husband is a Sergeant First Class with the
Army National Guard, and his Brigade spent several
months training at Ft. McCoy, Wisconsin, more than a
thousand miles away from home and family, prior to
shipping out for a second tour in Iraq. I had
recently moved to southern Oregon to accept a new
position in order to implement programs to help
military families and veterans. I had been on the job
for a few months, and didn't have any sick leave or
vacation time available. It would be more than one
year before I saw my husband again.
If we support the troops, and by extension,
military families, then passing the Military Family
Leave Act should be at the top of this nation's to-do
list. Because when the soldier goes to war, so does
the family. And when the veteran comes home, family
support is the single most critical factor in
successful reintegration. The demands of the war on
terror and the demographics of the 21st Century
military are very different from the past, and
adapting to those realities must, by definition,
include expanding support for military families.
For the first years of the Vietnam War, married
men were exempt from the draft, and for the duration
of the war, married men with children were given
deferments so that they wouldn't be deployed as it
would constitute too much of a hardship on the
families. During Vietnam, the majority of troops were
single soldiers serving one tour, and comparatively
few citizen soldiers served in combat. Today, the
bulk of the boots on the ground in Iraq and
Afghanistan are married. They have served, or are
serving, multiple tours; and most of them have
children. Around 40 percent are citizen soldiers.
8:25:45 AM
CHAIR SEATON asked about pre-deployment leave.
MS. BANNERMAN advised that this legislation can be different in
each state; however, her understanding is that the Alaska
version provides 10 days of unpaid leave per United States Code
Title 10 status. The family member can utilize the time at
their discretion.
8:27:05 AM
CHAIR SEATON closed public testimony.
8:28:09 AM
REPRESENTATIVE BUCH asked for the amount of unpaid leave that
teachers are allowed.
8:28:22 AM
REPRESENTATIVE PETERSEN responded that five days are allowed
currently, but that may depend on the availability of a
substitute.
8:28:53 AM
REPRESENTATIVE BUCH asked whether the sponsor patterned the bill
after legislation enacted in other states.
8:29:13 AM
REPRESENTATIVE PETERSEN explained that HB 347 differs in that
the bill does not allow leave before deployment, as that date is
known well in advance and families can make arrangements for
time off.
8:30:03 AM
REPRESENTATIVE BUCH then asked what brought this issue to
Representative Petersen's attention.
REPRESENTATIVE PETERSEN related he was a member of the Joint
Armed Services Committee and there are two military bases in
close proximity to his district.
8:30:51 AM
CHAIR SEATON asked whether the sponsors' intent was to pattern
the bill on language enacted in other states to "then be judged
independently under Alaska law."
REPRESENTATIVE PETERSEN responded that the drafter attempted to
adapt the bill to conform to Alaska statutes.
CHAIR SEATON surmised the intent was for the bill "to be
interpreted with the Alaska Constitution and Alaska law, and not
bringing those other cases from other jurisdictions."
REPRESENTATIVE PETERSEN said that is correct.
8:33:32 AM
REPRESENTATIVE BUCH offered his support for the bill.
8:33:51 AM
CHAIR SEATON directed attention to the committee packet and the
letters of support and opposition.
8:34:25 AM
CHAIR SEATON stated that HB 347 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| FY02-11LocalEffortAssessed&educationWithMills-2Pager_10-22-09.xlsx |
HEDC 2/19/2010 8:00:00 AM HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/12/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| HB350-EED-ESS-2-18-10.pdf |
HEDC 2/19/2010 8:00:00 AM HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| current program flow chart.docx |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM HEDC 3/12/2010 8:00:00 AM HEDC 3/15/2010 8:00:00 AM |
HB 350 |
| HB 347 sponsor statement.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |
| HB 347 backup.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |
| HB 347 sectional.pdf |
HEDC 3/3/2010 8:00:00 AM HEDC 3/10/2010 8:00:00 AM |
HB 347 |