Legislature(2017 - 2018)BARNES 124
02/22/2017 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB2 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 2 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 2-PRIV EMPLOYER VOLUNTARY VET PREFERENCE
3:18:29 PM
CHAIR KITO announced that the only order of business would be
HOUSE BILL NO. 2, "An Act relating to a voluntary preference for
veterans by private employers." [Before the committee was CSHB
2(MLV).]
3:19:01 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor, presented HB 2. He stated that HB 2 would allow an
optional veteran hiring preference for private employers by
taking advantage of an option available under the Civil Rights
Act of 1964; it would allow special rights and preferences to be
granted to veterans as authorized under federal, state, or local
law. He noted that 37 states have adopted similar legislation
and 5 states are considering legislation this year. The
nationwide effort by the U.S. Department of Defense (DoD) is
attempting to make a veteran hiring preference possible in all
50 states. He read from the third paragraph of the sponsor
statement, which read as follows [original punctuation
provided]:
All fifty states, the District of Columbia, Guam and
Puerto Rico award preferences to veterans in initial
hiring for public employment. However, private
employers are prohibited from establishing comparable
business hiring policies unless specific legislation
is passed allowing this option.
REPRESENTATIVE TUCK expressed that the road to employment can be
difficult for veterans returning to civilian life. In a 2012
survey of veterans from all eras, two-thirds of the veterans
named finding a job as the greatest challenge in their
transition. He remarked, "As of November 2016, last year, the
National Bureau of Labor ... Statistics showed the jobless rate
for male veterans ages 18 to 24 still exceeds their
counterparts." He explained that the military discharges about
160,000 active duty service members and 110,000 reserve and
National Guard service members each year.
REPRESENTATIVE TUCK stated that according to the Defense
Manpower Data Center data, over 2,000 military personnel
returned to Alaska upon separation in 2015. He expressed that
Alaska has one of the highest number of veterans per capita, and
Alaskans have always supported veterans and active duty members.
He explained that HB 2 would offer a voluntary opportunity to
businesses in the private sector to assist veterans in
employment endeavors. He mentioned that DoD, the National
Federation of Independent Business (NFIB) in Alaska, and the
Employer Support of the Guard and Reserve (ESGR) all support HB
2.
3:21:53 PM
REPRESENTATIVE STUTES expressed her opinion that the bill is
fair and good. She asked what the Alaska Naval Militia is.
3:22:13 PM
KENDRA KLOSTER, Staff, Representative Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
HB 2, informed that the Alaska Militia includes the Alaska State
Defense Force (ASDF), the Alaska Air National Guard, Alaska Army
National Guard, and the Alaska Territorial Guard, which would
all fall under HB 2. She outlined that the House Special
Committee on Military and Veterans' Affairs had, under CSHB
2(MLV) made the following changes: expanded the preference to
active National Guard members; removed the requirement in
current statute of eight years of service for public and private
employers; and replaced "honorable discharge" to "discharge
under honorable conditions" to include honorable and general
discharges.
3:23:52 PM
REPRESENTATIVE BIRCH asked whether private employers take a risk
when they choose to hire a veteran instead of an equally
qualified non-veteran.
REPRESENTATIVE TUCK answered yes. He offered his understanding
that [employers] can legally chose to hire one person over
another equally qualified person; however, [an employer] cannot
legally have a veteran hiring preference policy without HB 2.
REPRESENTATIVE BIRCH asked whether [an employer] is currently
able to hire a veteran [over another equally qualified
applicant].
REPRESENTATIVE TUCK responded yes. He remarked, "All things
being equal in the scenario that you created, I don't think a
person would be in violation ... when you decide to pick the
veteran hire preference. But if things aren't so equal, and you
decide to hire the veteran, you wouldn't be able to do so
without this piece of legislation."
3:26:15 PM
ROBERT DOEHL, Deputy Commissioner, Department of Military &
Veterans' Affairs (DMVA), testified in support of HB 2. He
expressed that the veteran population in Alaska is growing by
about five percent per year and HB 2 is important to keep
veterans employed. He clarified that members of the Alaska
Naval Militia are Alaskan members of the Federal Navy Reserve
and Federal Marine Corps Reserve who voluntarily affiliate with
the State of Alaska and are available in a state disaster.
3:27:38 PM
REPRESENTATIVE JOSEPHSON expressed his surprise that such
legislation has not been introduced previously.
REPRESENTATIVE TUCK explained that similar legislation has been
introduced previously, was passed unanimously by the House, but
was not passed out of the Senate Rules Standing Committee before
the session ended.
3:28:25 PM
REPRESENTATIVE KNOPP asked why "discharged under honorable
conditions" was replaced by "other than dishonorable" in the
bill. He stated his opinion that an employer should be made
aware of an employee's unfavorable discharge.
REPRESENTATIVE TUCK answered that "other than dishonorable"
includes general and honorable discharges and is consistent with
federal language.
3:29:39 PM
MR. DOEHL echoed that the language is consistent with federal
law. He said it would recognize individuals who are entitled to
federal veteran benefits and were not discharged dishonorably.
He explained that some members who served frequently in combat
but had a "small hiccup" could receive a general discharge; not
passing a physical fitness test could be such a hiccup which
would take away from years of honorable service. He added that
HB 2 would give employers the opportunity to recognize such
service.
REPRESENTATIVE KNOPP asked if a dishonorable discharge still
exists. He asked if an individual with a dishonorable discharge
would be eligible for the preference outlined in HB 2.
MR. DOEHL stated that a member with a dishonorable discharge is
not eligible for the veteran's hiring preference; usually,
dishonorable discharges involve a serious conviction. He noted
that federal law does not recognize dishonorable discharges for
veteran's benefits.
3:31:32 PM
REPRESENTATIVE WOOL asked whether employers would need to state
or publish their veteran hiring policy or preference.
3:32:13 PM
REPRESENTATIVE TUCK responded that employers would not [be
required] to provide a written preference, but HB 2 would allow
them to have a written preference if desired without violating
state or federal laws.
3:32:51 PM
VERDIE BOWEN, Director, Office of Veteran Affairs, Department of
Military & Veterans' Affairs (DMVA), testified in support of HB
2. He stated that HB 2 is a positive bill and would have
positive outcomes for veterans returning from Afghanistan or
Iraq.
3:33:24 PM
CHAIR KITO opened public testimony on HB 2.
3:33:39 PM
MARK SAN SOUCI, Regional State Liaison, U.S. Department of
Defense (DoD), testified in support of HB 2. He noted that he
is a retired Air Force officer. He added that DoD has been
working on this issue with state [legislatures] for three years
and 37 states have implemented the policy. He said that the
National Conference of State Legislators (NCSL) and a military
veterans' task force embraced the issue years ago. He explained
that the issue was brought forward because private employers
were hesitant to have a [veteran hiring preference] policy; he
said that the need is still there. He noted that in 2016, 2,009
military personnel returned to Alaska. He noted that as the
number of people returning from service remains static or
increases, the state will continue to see reliable veterans with
a unique skillset, a proven work ethic, and training previously
paid for through federal taxes.
3:35:58 PM
RUSSELL BALL testified in support of HB 2. He stated that as a
small business owner, he has had concern about implementing a
hiring preference, because "you always are at risk for the
person that didn't get the job on whether everything was done
... both legally and fairly." He explained that he is
interested in hiring veterans because they are disciplined,
trained, and reliable; many small businesses wish to advertise
encouraging veterans to apply. He offered his belief that
retaining the veteran portion of the workforce is good for the
state. He explained that finding good, qualified help is always
an issue. He stated that HB 2 would allow him to move forward
with a hiring preference without the risk of associated
lawsuits.
3:38:15 PM
CHAIR KITO announced that HB 2 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB002 Sponsor Statement 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Memo of Changes 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Fiscal Note DOLWD-WHA 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Fiscal Note MVA-COM 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Supporting Document-Dept of Defense Vet Hire Preference One Pager 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Supporting Document-NCSL Legis Brief Vet Hire Preference 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |
| HB002 Supporting Document-Support Letters 2.8.17.pdf |
HL&C 2/22/2017 3:15:00 PM |
HB 2 |